Plan & Zoning - Regular Meeting

Good evening, ladies and gentlemen, and welcome to the January 6, 2026 meeting of the Orangetown Plan and Zoning Commission. I am Commissioner Azie Pari and with us this evening, Tom Trenti, Paul Kaplan, Jenny Bowser, recording secretary, Bonnie Side, Court Reporter, Kevin Cornell, Jane McGuire, Jack Emer, zoning administrator. Okay. And happy happy new year by the way, uh, 2026. All right, let's got a few things on our agenda this evening. Uh let's start with our the minutes from the December 2, 2025 meeting. Has everyone had a chance to look those over?

Yes. I I had a a few things to suggest. [clears throat] Excuse me. I got a bit of a cold. My voice sounds strange. Stranger. Uh on page two, Mhm. there's a uh sentence three paragraphs up from the bottom. Discussion ensued within the commission to review and reinforce that the process to amend the regulations was thorough. I was not sure what we're trying to get at there. I mean, I I like to think that everything we do is thorough. I don't think he was just

Was that I don't I just doesn't add anything but I think maybe it was just confirmation that the noticing procedure was done. I I think that you we the discussion was basically a a reiteration of the steps going through and the public outreach and everything that resulted in the final uh I mean you want I kind of want to take it out only because I'm not sure what it what it refers to. you know, I don't really remember as to when we were going through it. So, I'll

it doesn't add anything to the to the uh it's removed. Okay. And then at [clears throat] the bottom of the uh last paragraph on the page,

uh the second sentence to amend article 1, sections 383,14, etc. of the orange zoning regulations regarding short-term rentals. There's nothing here that that ties that to what we actually reviewed and approved. You know, we had a couple of different drafts. I just what I would suggest adding is after short-term rentals in accordance with the changes highlighted on the attached copy of the regulations of the regulation amendments.

Okay. Can you just tell me that one more time? Yeah, please. in accordance with the changes highlighted on the attached copy of the regulation amendments. Just so it's clear what we ultimately decided would be the new regulation. We talked. Got it.

And uh on the last page, the u second full paragraph, third line up, a service rendered in a in a primarily retail setting. Retail in the L3 zone is only I would add the word permitted by special use. Permitted by special use, right? Okay, got it. That's all I had. [clears throat] Thank you. Do we have a motion to approve the minutes? Move motion to approve the uh minutes of December 2nd, 2025 as amended.

Okay, we we have a second. Second. We have a motion to approve the the minutes. It's been seconded. All those in favor? All right. I'll abstain. That's right. Tom wasn't here for that meeting. [clears throat] All right. Next item is old business. Does anyone have anything they'd like to uh discuss under that topic? It's a new year, so we shouldn't have any old business, right? [laughter]

All right. All right, we'll move on to new business. Um, yeah, the the election of officers is required by section 7.1 of the town planning and zoning commission bylaws. So on the first first meeting in January on even numbered years, Judy left so who was the vice chair which is why you took you got kicked up to vice chair and Kevin is currently our acting secretary but the terms end now. So now we have to formally like glorious reign is over. Yeah. No, probably not. Well, [laughter] we'll see if you look at the writing campaign. Yes.

So, yeah. So, the bylaws say in every even numbered uh year, calendar year as in 2026, we need to elect officers. The officers are the chairman, the vice chairman, and the secretary. Uh I I I'd like to make a motion to for Azie to continue being the chairman of the committee. Second. Do you want to be vice chair? No. You sure? Yes. I want to We need to We probably can get your name right. Your many years of public service. The Peter principal. I haven't proven that I that I can't do it yet. Although you have a good voice for reading the public notices.

I I've been practicing. All right, that could be it. Kevin just wants to read the public notice. Yeah, he's got some work to do. All right, so someone prepared you're I assume I'll move that we keep But who's the um me as the chairman? Oh, secretary is Well, I mean, do we need somebody to make this motion who's not? Yeah, I think it should be We could do Yeah, we could do all at once. I think that's fine. But I think Tom or Jay maybe should initiate that motion. I'll make a motion to retain the officers as previously agreed upon with Aussie parent chairman Paul Kaplan as vice chairman vice chairman Kevin Cornell Kevin Cornell secretary

all right we have a motion to uh uh [clears throat] for the to elect the officers for the for the next two years right it'll be a 2028 uh do we have a second it's been seconded all those in favor I Hi. Okay. Thank you everyone. The uh discussion of House Bill 802 [clears throat] with town attorney Owen Weaver. Let's put that to the end. Sounds good. That way we can have to make um Yeah, just formally we'll do it uh to push discussion of House Bill 8002 with town attorney Owen Weaver to the end of the meeting. End of the agenda. Last item on the agenda. Okay. All those move. So we have a second.

Second. It's been seconded. All those in favor I I. Thank you. Next item then is uh report of the zoning enforcement officer. Jack, uh the only thing I have to make everybody aware of um town engineer and I several weeks ago sat down with a representative of UI, their engineer, and then uh the GC who will be um leading the job for the next stage of DO's Boston Post Road widening project. uh we all may remember several years ago now uh they've been doing this in sections. I think of it as the section in front of chips was uh you know blocked off for a certain period of time.

They are now going to be hopefully we're told looking to put the next stage of that project out to bid in May. Whether or not that happens, we will see. But that would be from Lambert Road all the way till the Milford line really

for this road widening. And this section of the post road on preliminary discussion may be very complicated zoning wise because it looks like we are taking a lot of area where current signs are for businesses and in some properties uh front parking is too close to the road and actually in the state right ofway. So certain businesses are going to be losing areas for their signs. Certain businesses are going to be losing existing parking that they may or may not be able to afford to lose.

So we're going to be going back and forth on what the process here is for businesses who have to get variances for their new signs. Um worsening uh nonconformity for parking spaces if they're already deficient. So, we're going to be in the midst of that. Maybe by summer of this year, maybe not. But, uh, assume that would be a pretty good reason for a variance. I I think so, too. But it comes down to who's responsible for getting the maps done for the the ZBA to review. Uh, whose responsibility is it to go in front of the board and present all the data? I mean, this is a DOT job, right?

You know, I'm going to use IHOP as an example here. the owner of IHOP is not going to be able to go in front of the ZBA and break down the whole project for them. So, it it raises some questions of who's going to be doing what, who's responsible for paying for these plans uh and pulling the permits through the town. Is there even area that is capable of of having a sign? You know, we're using up a lot of their their area that makes sense to have their sign where we're basically pushing them back into their existing parking lot. So, it's going to raise a lot of layout questions here. Nothing we could do to avoid it, but uh but yeah, we're we're looking at that potentially starting sometime this year. Okay.

Anything else? Any questions for Jack? Okay. And let's move on to uh the 8-24 referral for municipal improvement. Um is Mr. Britain here? I am. Do you want to come up and tell us about the project? Sure. Yeah. You'll come right up here. How are you, Bob? Good. Good. Yeah. Um, I mean, the Orange hasn't had a lot of uh subdivisions with roads of late. Obviously, there were a lot many years ago. Could you introduce yourself for the record? Sorry. Uh, Bob Brenton, the town engineer. Thank you.

Um, so this was This was one of the roads. Sky View Road off of Grassy Hill was uh existing and then uh there was a resubdivision approved by planning and zoning and the developer over a period of time built out the lots and finally finished the road and has asked the town to accept it and um submitted the asbuilt suitable asbuilt drawing and town attorney reminded us it's a requirement to come to planning and zoning. So, you're supposed to, you know, make a recommendation to the selectment um so that they can act on accepting the road. Bob, I just have Yeah, absolutely.

So, I was looking at the map. There's a an access road at the end of the culde-sac. I believe it's just like a fire access. It's not for field stone. And it and it leads to some place leads to field stone into the gated, right? Uh I believe it is gated. Yes. That was a fire safety issue. But it's not a through, right, for the public, correct? Who has the key? Uh, fire marshall and emergency services, I believe. Okay. Yeah. Your wife with a bolt. I was thinking the same thing. [laughter] I can feel the dog having it already.

Any further uh questions? Just have one for my own edification. Is Seems like a really long culde-sac. I mean, generally there's a limitation on how long a 50 or 1500 or something. This just You'd have to talk to the planning and zoning commission members. [laughter] Okie do. Well, it's not going to be a problem anymore anyway. It's going to be uh through Oh, it's worse. It's still a culde-sac and it's longer. But I know it is what it is. I was just wondering.

I mean this is all in accordance with the the soision plan, right? This is the the plan that 2010 I think or something like Yeah. earlier than that I think earlier. Yeah. So did the developer although it took a long time to do it carried out the approved plan. Okay. Good enough. Thank you. Thank you. No questions. Thank you sir. Thank you.

Yes. So I mean this is we've done this many times from 8-24 and that you know the statute says I'll just paraphrase it uh no municipal agency or legislative body shall [clears throat] locate relocate substantially improve or acquire land for abandoned sell or lease any uh airport etc etc until the proposal to take such action has been referred to the commission for a report I don't know exactly what kind a report we're going to provide. But uh what we've done in the past is just say, you know, we see no objection uh to the the pro the project proposed. And in fact, we already like

it's a it was built in accordance with the plan. Yeah, it's done the way it was, you know, the way it was planned. So So unless there's any other questions, take a motion on uh approving it. Oh. Uh, I'll move that we approve the 824 referral municipal improvement uh from uh Robert Britain, director of public works to recommend the acceptance of the extension of Sky View Road and the release of the turnaround to the board of selectmen in that it was constructed in accordance with the uh uh the filed plan. All right, do we have a second? Second. Okay, we have a motion. It's been seconded. Uh any further discussion?

All right. All in favor? I Okay. All right, public [clears throat] hearings. Um, we have one. It is uh the application for special exception permit or use uh submitted by George Nordon for property known as 250 Indian River Road. Uh if you recall, we for the gyms, correct? Right. We opened this for we opened this at our last meeting uh on December 2nd. December 2nd. Yes. and we continued it to uh this meeting. Uh we don't have to read the legal notice back in. No, we did it last time. So, yeah. Um

I thought of that. Good. Thank you. So, is the applicant uh here? I'm here this time. Oh, good. Okay. Would you come to the podium, please? Introduce yourself.

All right. My name is George Nordon. I'm the owner of Joint Effort Exercise. Uh we're an exercise center for people over the age of 50 that don't want to go into the big gyms with the big buff bodies and the tiny little athletes running around. Uh so uh our model [clears throat] is kind of different. It's like a cross between physical therapy, personal training, and a gym to provide an affordable uh way for people to get professional guidance while they exercise. Um we and I want to also apologize for not being here la last time. I was at my daughter's uh basketball practice, so I apologize for that. And also the the copies that were uh that were provided were were light. So I apologize for that. Um that's more or less it.

Can you tell us the hours of operation that you envision? Sure. So Monday, Wednesday, and Friday. So we have five other locations up um the shoreline and in Cheshire. Uh the hours kind of vary, but for the orange location, it'll be Monday, Wednesday, Friday, 7 am to 5:00 pm and then 9:00 am to 4 pm on Tuesdays and Thursdays. I'm sorry. Tuesdays and Thursdays it was 9:00 a.m. to 4 p.m. Thank you. We have sign off from the uh we we do. There really wasn't much for them to look at because there's no site alteration here. Um, so there was not a site plan for department head review.

Did you even have to go to a fire fire marshal or anything? Nope. They're not changing anything on the exterior here. Yeah. I mean, you know, what's been provided since the last meeting is is help helpful in [clears throat] at least identifying the the space within that building. M

and you know we're [clears throat] being asked to wave the requirements of a of a detailed site plan again which we ordinarily do because they're not changing the footprint of the building in any way. Okay. Any other questions for the applicant? No, sir. All right. Um any questions uh from anyone in the public? Do does anyone want to speak uh on this application? Okay. No takers on that. All right. I think we have what we need. Okay. All right. Very good. Thank you so much.

All right. Unless you see the need for uh information outside of the from outside of the commission. Uh we can close the public hearing. So moved. All right. We have a second. We have a motion to close the public hearing. It's been seconded. All those in favor? I bless you. Bless you. [clears throat]

All right. I mean seems very straightforward to me. I mean it's uh under 383-9A. Uh this is a uh special use stores and other it's stores and other buildings where goods are sold or services provided primarily at retail. Uh so I I think we fit in that category. The uses uh is okay. Um, I reviewed the the uh parking calculations. Mhm.

And uh I agree with I [clears throat] agree with the way they they calculated the parking and uh they came out with um yeah yeah you know 102 spaces available uh 85 required. So we're well within range on that. Yes, sir. Seems like a good use to me, especially with the uh It's a great use. Yeah. Yeah. It's consistent with all the medical uses in the building. Yeah. And and the uh across the street the um the affordable I mean the

memory care. Yeah. Yeah. So, I don't know. I Yeah. I think Yeah. It's it's in, you know, harmonious with the other uses in the uh in the neighborhood. And uh with that I think um that's to remind you that much of Orange is north of 50 and using these things. [laughter]

So you know absent any other questions or any need for more discussion. Uh we'll take a motion to to approve. I'll make a motion that we approve an application for a special exception permit use submitted by Mr. Norton property known as 250 Indian River Road to establish a retail/service establishment within the existing building. A waiver of the site plan and architectural design plan has been requested. Shucks one thing.

Well, uh what when we approve it as written this way, a retail service establishment, does that approval run with this particular use? If someone came in with a different retail use, would they we have to talk to them or is that now so so now it came back straight retail, right? [snorts] But I don't see that happening facing back towards Indian this I assume they're going to sell um power bars. Yeah. And and and uh you know uh protein shake shakes and so forth.

So I mean that's going to be retail. Do you consider this to be mostly service? I would imagine. I Yeah. I'm just saying, you know, we going to do after their 10 years runs, right? 10 years. Yeah. I'm trying to make you Yeah. Um, does it run with the land?

Special permits do run with the land. Um, I think it's an interesting question for retail and service. I mean, if let's say that the gym opens and then at some point the gym closes, I would say that's sort of an abandonment of that permit. I'm sure you could look at it a different way. Um, but I think if we want to specify it as the gym, I think we could include that language in our motion as well as as a gym service establishment. I think if you think it's necessary, I mean, the way it's situated, it's never going to be retail retail

right I mean I think we should do it just because I think it's good practice to make it as as specific as possible okay you know does that impact your business we can't talk to you am I okay let's assume it doesn't impact his business [snorts] will it prevent him from uh in any fashion doing as collateral and and super I mean I don't think so I don't think so I'll I'll amend my uh motion to say that the um the approval should be to establish a um a fitness center um within the existing building retail instead of taking taking out the word a retail service establishment.

Well, the again the stat the statute I mean the regulation says stores and other buildings where goods are sold or service is provided disjunctive primarily at retail. Oh, all right. So, yeah. Yeah, they're squeezing retail even for services. So, I mean, if you have like a personal trainer, you know, I mean, I think that would be services. It's it's if you sell some Gatorades, that's Yeah, Ride ride the horse we came in with. Okay, I'll go back to my first one

and it I'll just to for clarification uh move that we approve the application for special exception permit or use submitted by Mr. George Norton for property known as 250 Indian River Road to establish a retail/service establishment within the existing building. A waiver of the site plan and architectural design plan has been requested. your mo as part of your motion to uh approve approve approve to to wave it to wave. Yes. Okay. All right. So, we have a motion to approve the application and uh to uh grant a waiver of the site plan requirements. We have a second. Second.

It's been seconded. All those in favor? I I Okay. Very good. Thank you. I'll be in touch. You don't have to stick around if you don't want to. Thank you so much. Yep. Have a good one.

Hello. Happy New Year everybody. How are you? Thank you, Owen. All right. So, we have Owen Weaver, town attorney, joining us at this time. [clears throat] And he's going to review. We can scoot down if you want. I think he's going to use the projector here. All right. Thank you, sir. I get one. No, I gave yours to Bob. This was actually Hey, thank you. You do get one. Moving up in the world.

Um, Kevin, if we could just scoot down a little as much as we can so we can make make room for our fearless leader. Thank you, sir. Oh, now Kevin Cornell. [clears throat]

All right. So, again, we uh we have Owen Weaver, town attorney, with us this evening. He's going to help us understand uh House Bill 8002, which became the law in Connecticut. Most of it became the law in Connecticut uh January 1, 2026. And a lot of it impacts uh zoning and planning and zoning commissions. A lot of it doesn't. But I mean, but you know, I I reviewed it and uh probably half of it maybe is relevant to what to zoning. Some other things in there that we don't really need.

Yeah, I think that's a fair assessment, Mr. Chairman. I'm only going to go over what's pertinent to this commission, right? The mic on you. Sure. Knock knock knock if if it's not working. So anyway, uh so good evening everybody again. I'm I'm Owen Weaver, town council. Uh calling Tom's down. You want I can stand at the podium and I actually I have my colleague Jeremy Gufferson here. Help me with this. So that's what

if you want to p You're welcome to stand. Jeremy, you mind doing the PowerPoint? Hello everybody.

All right, I apologize in advance. I'm probably going to be reading for most of the presentation because there's just too much to memorize. Um I usually don't like doing that, but I'm going to attempt to give an overview of public act 25 uh1, which is entitled an act concerning housing growth. The act was signed into law by Governor Lamont on November 20 uh 26, 2025, unless I state otherwise. The provisions took effect on January 1st of uh this year. Uh in general, the act makes changes uh in the law relating to, among other things, housing and planning and zoning, and I'm going to focus on those provisions for this commission's benefit tonight. It's a voluminous piece of legislation. It's uh 107 pages, 53 separate sections. Um it's a lot to digest. So Jeremy, if you can go to slide two, please. So my presentation tonight is going to focus on the sections of the act, as I said, that impact municipalities and and zoning in particular. And I broke those into six sections. And I'll conclude with some comments about how the act pertains to Orange and some current statistics in terms of Orange and its its affordable housing uh the state of affordable housing in Orange. So at a high level for municipalities, the act does several important things. Number one, it replaces current law concerning a municipality's affordable housing plans with a new framework based on the office of public management OPM uh identified statewide and regional housing needs. Number two, it creates an alternative standard for municipalities to qualify for a moratorum under general statute section 8-30G if it creates an overlay zone known as a priority housing growth zones. Number three, it creates a framework for the adoption of zoning regulations that

promote transit oriented development and makes municipalities eligible for grants and increased funding if they adopt certain requirements. Um, number four, it requires municipalities to allow certain middle housing and mixeduse developments on parcels zoned for commercial or mixed use subject only to a summary review process. Number five, it generally prohibits conditioning approval of a smaller residential development on minimal on a minimal schedule of off- streetet parking requirements unless certain findings are made. For larger developments, developers may rebut a parking schedule uh minimum that may apply. And then there's some other changes that I'll quickly go over uh towards the end. So uh slide three, please. and feel free to jump in with any questions you may have. I'll I'll just caution from the get-go. I probably can't answer them at at this point, but uh I'll do my best. So, I'm going to begin with what is perhaps the most significant piece of the legislation and this aspect is uh mandatory in terms of implementation for municipalities. And and on the on the main cover, I give the section of the legislation if anyone chooses to read it at some point later. Next slide, please. So, as I said earlier, the act replaces current law on municipal affording affordable housing plans with a new framework. A housing growth plan consists of a municipality's policies and procedures that promote or enable housing developments to meet the municipality's affordable housing goal. A municipality's affordable housing goal is a numerical goal for developing housing that is deed restricted for at least 40 years based on an income level. Under the new framework, OPM must first establish re regional housing needs. Then the council of governments, the

COGS are responsible for assessing those needs and determining a recommended housing goal, i.e. number of deed restricted units for each municipality within a respective region. The COG's recommendations are subject to OPM approval. Next slide, please. So the act requires OPM to consider a variety of factors when setting regional housing goals. Those factors include, among other things, housing replacement needs, availability of affordable and deeply affordable housing, the number of household formations, population demographic changes, and measures of housing cost burden. The COGS then have to consider the same factors when they're developing their plans and the following other additional considerations. Each COG has to ensure that each municipality within its region doesn't have a goal that exceeds 20% of the occupied dwellings within the municipality. The COGS also have to consider the duty of the state and municipalities to affirmatively further fair housing under existing law. They have to rely on appropriate regional metrics of need for affordable housing units. And then they may use appropriate factors for fair allocation among municipalities, including the proximity of housing to current or planned public transportation, commercial or industrial zones and downtown areas, and the availability, [clears throat] excuse me, of developable land, and a municipality's share of multif family housing. The COGS can increase a municipality's goal if it has a higher equalized net grand list per capita, a higher medium income or lower population share with income below federal poverty rate or living in multifamily housing in relation to the other uh towns within that COG region. Next slide, please.

So the act requires [clears throat] each municipality to either adopt its own housing plan or opt to comply with the regional housing growth plan of its respective cog. So we we've done that, right? I mean we've we've adopted a housing plan. Correct. I think two or three years ago I think it was 2022. Yes. You you uh opted to comply with the with your COG's housing plan. I don't think that's going to be sufficient for going forward. So, you do have a housing plan on the books, but that'll have to be updated. So, updated to take the new factors into account,

right? Yeah. Because that that plan didn't take into account these regional uh housing goals that OPM is to come up with under this act. So, um it might be a starting point that I'll talk about later, but it's not we we can't sit back and say we have a plan. Thank you. no further action is needed. Um so like I said, the act gives municipalities two options. You can go with the COG plan or you can develop your own plan. Um municipalities that comply and show steps that have been taken to implement either their own plan or the COG plan uh may become eligible for housing growth program grants, which is a new program that this that's part of the legislation. Municipalities that do not comply uh cannot apply for new moratoriums under section uh general statute section 8-30G. Jeremy, next slide, please. So, let me just take a moment to explain what that is for I know the commission knows this, but for those who may be watching, uh an affordable housing development under 830G is either an assisted living or assisted housing, excuse me, or a set aside development. The former is generally government assisted housing and the latter is a development in which uh for at least 40 years after initial occupancy there's a at least 30% of the units are deed restricted based [clears throat] on specific household income limits. In a traditional application to a planning and zoning commission the burden is on the applicant to demonstrate that the project complies with the town's zoning regulations. If that project gets denied, the applicant can appeal to superior court and the applicant must convince the court that the commission acted arbitrary, illegal or abused its discretion in ruling on the application. Uh when a developer however brings an 830g application, the burden shifts to the commission and that burden stays

with the commission if an appeal is taken to superior court. However, only municipalities that have less than 10% of its housing stock as affordable housing and have not qualified for a moratorum are subject to this alternative procedure. Next slide, Owen. Yep. We in Orange, we have we're under a moratorium now. Correct. Is that going to be cretailed because of No, it's still uh good until September of 2028. So the the moratorum is not against or doesn't prevent applications. It just changes the burden of proof. Correct.

We also don't get to reapply for another moratorium after if we don't have this. Yeah. I was just curious as to whether or not also correct it would be cretailed. [snorts] Um right. So, so, so steps as outlined so far this statute's passed. Yep. An an unelected board off other people's money. Office of other office of public management. Okay. Those guys get to set goals for

regional regions. Yep. Based on the COGS. Okay. Then then the COG a regional government again a regional organization elected or unelected. I think they're all unelected appointed from the respective municipalities. Yeah. Get to decide what individual municipalities share of this effort. is correct with the option that a municipality can develop its own plan to say that it should have a different

share of that regional goal which is my next slide. So thank you for the the transition there Kevin. Um so again the municipalities have to either adopt the COG plan or adopt their own plan. If a municipality chooses to adopt its own housing growth plan, it must include the following elements. Housing grow first, housing growth policies that the municipality has adopted or must adopt to reduce specific regulatory barriers to the development of dwelling units in the municipality and to promote the development of additional dwelling units in the municipality. Housing growth policies could be without limitation policies, practices, ordinances, and regulations that are designed to reduce or remove regulatory constraints on the construction, rehabilitation, repair, or maintenance of deed restricted affordable housing units. This could include fee waiverss, fixed assessment agreements, tax abatements, expedited hearing uh procedures, alternative funding sources. donating municipal land or entering into agreements with developers among other things. Number two, it has to provide an explanation of the plan's consistency with the municipal, regional, and state plans of conservation and development and b any plans adopted by the local water pollution control authority. Number three, it has to identify a specific zones or parcels that could be developed via a summary review process. I'll get into what that means later. And B, the maximum residential density for each area. Number four, it has to provide strategies the municipality has adopted or will adopt to promote the development of diverse housing types. Number five,

[clears throat] excuse me, it has to include an inventory of developable land within the municipality. That term means any land that can be feasibly developed or redeveloped based on commercially reasonable assumptions for residential or mixed use. I don't know what that is to be to be quite honest. It does not include one land already committed to a public use or purpose. Two, parks, recreation areas, or open space subject to conservation easement. Three, land otherwise subject to an enforcable restriction. Four, wetlands or water courses. And five, areas of at least one half acre of continuous land that are unsuitable for development due to topographical features.

Owen, are these entirely new? I does does our housing plan that we have address any of these? Yeah. So, I read the I read the housing plan today. It does not have this sort of detail. Pretty cutter.

Yeah. Yes. Um, number six, an explanation how the plan conforms to and implements the the requirements of the zoning enabling act on addressing disparities in housing needs. Number seven, it has to identify the projected infrastructure needs and improvement needs to meet the municipality's housing goal. Number six, it has to contain an implementation schedule for the policies, strategies, and other actions identified in the plan. And finally, it has to identify projected wastewater capacity of the municipality. Uh the municipality may hold a public hearing with at least 35 days notice on any proposed plan and it must post copies of any draft on its website. the plan ha. So this if a municipality chooses to do its own plan, it has to submit it to OPM for its review and approval. OPM has 120 days to accept or reject the plan. The plan also has to be submitted to the COG 90 days before submission to OPM. If the municipality uh if that plan differs from the COG plan, then the municipality must notify the COG in writing of the reasons for the difference. The COG must comment within 60 days. I'll have a I'll have a timeline later uh giving dates for for those uh options. Towns in the South Central Connecticut Council of Governments, which Orange is a member, must submit to OPM by June 1st, 2029 and then every 5 years thereafter. Uh towns cannot obtain a new moratorum on 830G if it's delinquent in submitting its plan. Next slide please. So that brings us to the second major piece of the legislation which is priority housing development zones. This is optional

and this part of the act uh creates an alternative standard for municipalities to qualify for an 830g moratorum. Uh and again it's an optional uh piece of the legislation. And just to reiterate, as I discussed earlier, under existing law, municipalities where a certain percentage of its housing stock is affordable are eligible for a moratorum on appeals taken under 830G when it can show that has added a certain amount of affordable housing units over an applicable period of time. Uh this is measured in what's known as hue points. Under the act, a municipality can take advantage of a lower threshold to obtaining a moratorum if the municipality adopts an overlay zone meeting certain requirements. And again, that zone's uh called a priority housing development zone. Next slide, please. So, what is a priority housing development zone? In short, it's an overlay zone that covers at least 10% of the municipality's developable land and allows for specific minimal housing densities and multifamily development. As of right, a priority zone must one be consistent with the local or regional housing growth plans. Two, consistent with the state plan of conservation and development and located in an eligible location. That means an existing residential or commercial district. can't put it over an industrial zone. Three, allow multif family housing. That's three or more dwelling units as of right within the zone with minimal density requirements. Four, as I said earlier, it has to encompass at least 10% of the municipality's developable land. Five, it has to be likely to substantially increase the production of new dwelling units needed to meet the housing needs within the zone as determined by the state housing commissioner. Six, it has

to allow the following minimal housing densities. Four units per acre for a single family detached housing. Six units per acre for duplexes or townhouse housing. 10 units per acre for multifamily housing. All applications can only be subject to site plan or subdivision review. No special permit or special exception allowed for these type of uh developments. Zoning commissions may modify, wave or eliminate dimensional standards applicable to any underlying zone in order to support the minimal or desired bulk standards uh in the priority zone that it may adopt. That's like your building height, lot coverage, road design, etc. Um, zoning commissions may also allow for a mix of businesses, commercial, or other non-residential uses within the zone. Next slide, Jeremy, please.

Uh, Owen. Yeah. How does that tie back to affordability? Those densities with normal commercial prices and the cost of construction will not result in a product that will be leased will be sold at an affordable price point. Yeah, it's really a question for the developer. I'm unfortunately I'm just a town attorney. I'm not building projects. So, well, [laughter] so, so we make these efforts, right?

They're not economically feasible to a to a developer who's trying to make a profit. What's the point? Sorry, that's rhetorical, right? I mean, but the legislation tries to incentivize it by giving additional funding to uh municipalities or or open it up to different grant programs. Um, I mean, I guess presumably you can try and tailor that to the um, mechanisms that the municipality would attempt to use to entice a developer, right? A tax abatement agreement or something. I mean, maybe these monies offset revenue loss to to entice somebody to come in and include 30% set aside or or what have you. So,

yeah. I don't know if that answers your question, but No, it it you know, it it's Yeah, sorry. Just we're just I'm just watching the movie.

That's no problem. Um Right. Sorry. Uh once a municipality has adopted a priority zone, it must request a final letter of eligibility from the housing commissioner. Commissioner must review within 90 days. If approved, then thereafter the commissioner can review market conditions in a municipality to determine whether there has been on an annual basis sufficient building permits or other indicators of progress towards constructing dwellings in the zone. If those conditions are not present, the commissioner can revoke his or her prior approval. So there might be one answer for you that if you're not getting it done then the zone goes away because the state tells you it's insufficient in developing u affordable housing in the in the zone. Uh next slide please. Thank you. That brings us to the third topic transit oriented districts. This is this is optional as well. Uh the act creates a framework under which a municipality that adopts zoning regulations that promote transit oriented development may become eligible for certain financial incentives, namely grants under the uh new program called the housing growth program loans for sewers and increased school construction reimbursement. Qualifying transit oriented communities are also eligible for additional funding if it adopts additional zoning criteria including higher density development, greater housing affordability, developing public land or housing, implementing programs to encourage homeownership and other criteria set by OPM. Again, this section is is optional. Uh, next slide, Jeremy. Thank you. So, municipalities with a regional bus station or rapid rail or bus transit station generally can become a qualifying um transit oriented community

if they adopt zoning regulations creating a transit oriented district around the station that meets certain requirements. Uh municipalities like Orange without such stations can become a qualifying transit um oriented community if one it borders a municipality that has one or more rapid transit stations or regular bus stations and two creates a transit oriented district in or adjacent to a downtown area in its jurisdiction. Uh under the act, a transit oriented district must be a reasonable size as determined by OPM. OPM in consultation with the town zoning commission must determine one whether the area could equitably support greater development density based on the town's geographic characteristics and two consider the housing needs of the town and the region. OPM cannot require the following land types to be included in these type of districts which special flood zones in wetlands park uh public park lands land subject to conservation or preservation restrictions coastal resources areas needed to pro protect drinking water areas subject to a 30-year flood event. Uh next slide please. Qualifying uh transit oriented communities must also allow the following developments as of right after an inland wetlands review uh or excuse me hearing if necessary. One, transit community middle housing developments up to nine units. Those are duplexes, triplexes, town houses, and what's known as perfect sixes, which are three stories with two units per story. De number two, developments with 10 or more units with at least a 30% set aside. and three, developments of any number of units if they are a built on land owned by the town, local public housing

authority, a nonprofit or religious organization, and b are deed restricted for at least 40 years to preserve them as units for renters or buyers earning 60% or less of the lesser of the state or area medium income. For developments of 10 or more units, the town may enact zoning regulations that require commercial uses to be allowed on the ground floor. A person who owns real property in a transit oriented district and has owned it for at least three years may build an accessory apartment as of right on his or her property, even if the town like Orange opted out of that uh prior legislation for accessory units. Uh, next slide please. Qualifying transit orient oriented communities must require developers proposing developments of 10 or more units that are not as of right to deed restrict a c certain percentage of the units for 40 years. That that percentage is uh based on the strength of the area's housing market and quality of life as determined by the Connecticut Housing Finance Authority. It's it's a sliding scale that's uh in the legislation. Uh in terms of incentives, the act requires OPM to create, as I stated earlier, this housing growth grant program. This program provides grants to towns for costs relating to construction, improving or expanding public infrastructure. To be eligible, the town has to comply with its housing growth plan, be deemed a qualifying transit oriented community, and either develop a district under a memorandum of agreement with the CMDA or meet other additional eligibility requirements that OPM eventually develops. Next slide, please.

Finally, the act requires OPM to develop guidelines, meaning a model, ordinance or regulation or bylaw concerning transit oriented districts within qualifying transit oriented communities that has to include a variety of of topics here on this on the screen. And what's important for municipalities is if you develop a regulation that's not um substant that doesn't substantially comply with the guidelines of by OPM then you have to seek an exception from OPM to be able to implement your your regulations. Next slide. The next topic is the summary review uh procedure which is mandatory. Um the act requires municipalities to allow certain middle housing and mixed use development on parcel zone for commercial or mixed use excuse me subject only to a summary review process. Next slide please. So before uh this particular act came into effect, municipalities could adopt regulations providing for as of right development of middle housing on lots zone for residential, commercial or mixed use beginning July 1st, 2026. Municipal regulations one must allow transit community middle housing developments and mixeduse developments subject only to a summary review process on any parcel that is zoned for commercial or mixeduse development. And two, this part's optional, may may allow transit commercial middle housing development subject only to summary review on any parcel that allows for residential use. Transit community housing developments or residential buildings with two to nine units. A summary review process currently exists under the law with respect to

converting nursing homes into multif family housing. Under a summary review process, a project can be approved if it complies with zoning regulations without requiring a public hearing, a variance, a special permit or exception, or any other discretionary zoning act except for a determination that the site plan conforms with the applicable regulations. And two, public health and safety will not be substantially impacted. Next slide, please. Off streetet parking requirements is another mandatory uh provision of the act. The act repeals provisions of existing law on allowing parking requirements for dwellings and replacing and replaces these provisions with new parameters for determining parking requirements for residential developments. Beginning July 1st, 2026, towns cannot reject a proposed residential development with fewer than 17 units solely due to a failure to conform to a requirement for off- streetet parking unless the lack of parking will have a specific adverse impact on public health and safety that cannot be mitigated through approval conditions that have no substantial adverse impact on the project's viability. There is an exception for developments in areas designated as conservation and traffic mitigation districts. Under the act, municipalities can adopt up to two such districts and can impose minimal parking requirements on residential developments with up to 15 units proposed within those districts. Subject to a rebuttal by the developers. Each each district cannot be more than 4% of the municipality's land area, but they may be contiguous. OPM must approve any proposed uh traffic

district. For developments of at least 17 units, municipalities can adopt parking requirements, but developers can rebut the same. Municipalities must allow these developers to submit a parking needs assessment to the CEO or commission. The commission must then condition approval on the construction of the lesser of the following two options. Number one, one space per dwelling of less than two bedrooms and two space two spaces per dwelling with at least two bedrooms or the number of spaces recommended by the parking needs assessment conducted by the developer. Next change or next slide, excuse me. Oh, sorry that didn't give you the heads up. Next one to Jeremy. Sorry. All right. other changes. We're getting to the we're getting to the end. Next uh next slide, please. Uh just a couple other pieces of the legislation I want to point out. Uh it changes the process for protest positions. Under existing law, a zoning regulation passes by a simple majority unless a valid protest petition is filed. If that happens, it increases the threshold to um twothirds majority. Uh for a protest petition to be valid under prior law, you had to have at least 20% of the owners of uh parcels in the area of the lots included in the proposed change or within 500 ft in all direction. The act increases that percentage to 50%. The act also prohibits municipalities from installing or constructing hostile architecture. That's the sort of thing that prevents somebody from uh sitting or sleeping on public land or um public buildings. The act also makes manufactured homes be treated like any other other home. It it eliminates the minimal size requirement

that was previously existing in the law. Now all manufactured homes that meet federal standards are to be treated like other dwellings regardless of how small. And then finally, it uh the act requires municipalities with at least 15,000 people to create a fair rent commission by January 1st, 2028. Uh prior law, the threshold was 25,000 uh people. Next slide, please. So, I'm going to I'm going to conclude tonight with a brief discussion about the current state of affordable housing in Orange and what steps the town has to take to implement um the provisions that I spoke about earlier tonight. Uh, I'll start off by saying, you know, as I kind of started with as as we sit here to tonight, I I can't answer every question about the act and I can't tell this commission or or the town what the uh full impact of the legislation will be because it's just it's simply too new and it's very contingent upon what OPM does um going forward. Um, but in the interim I I I can't say next slide please. what following action items have to be addressed in in the near the housing growth plan that the COG develops or is if it's going to do its own plan. And again, that's that's mandatory. If the town elects to go with the COG plan, it has to notify the COG within 30 days after the COG gives the town notice of its plan. If it if it adopt if the if Orange decides to go with its own housing growth plan, uh then the following pertinent dates uh apply. January 26, 2029 would be the last day to publish notice of a public hearing on the plan. March 2nd, 2029 would be the last day to have a public hearing. March 3rd, 2029 would be the deadline to submit the plan

to the COG for its comments and review. And if it if the plan differed from the COGS affordable housing numbers for the town, we'd have to explain why in writing. And then finally, June 1st, 2029 is the deadline to submit the plan to OPM. The second action item is to decide whether to adopt a priority housing development zone. That's the same for whether to adopt a transit oriented district. The fourth would be to implement the summary review process. This is part mandatory, part optional. Again, it's effective date of July 1st, 2026. This may require uh regulatory amendments um to be decided by this board. The the fifth is to implement the off- streetet parking. Again, that's mandatory and it's effective July 1st, 2026. And that may require regulatory amendments by this board. Uh next slide, Jeremy. So, I can make the following comments as to where the town currently stands with respect to affordable housing. As of the 2020 census, the town had a population of 14,280. The town likely does not have to create a fair rank commission based on that number. Though, if it's a different benchmark for population and we're over 15,000, we would have to. Uh, according to the newly adopted POCD, the town has 11,190 acres of land. 20 23% or so of that land is dedicated to open space. You have 100 acres held by the Orange Land Trust. You got 230 acres by Racebrook Track. Uh, 376 acres, I think, at Turkey Hill Preserve and some other smaller parcels. That land is generally not subject to development under under the act. Uh but the town is 80 80% of the town is zoned residential. You know what percentage of

that land plus whatever the commercial zone land qualifies as developable land uh is something that's going to have to be determined by the town or the cog. Isn't all the commercial developable?

If it meets, you know, reasonable if it could be developed or redeveloped under commercially reasonable standards, then potentially yes. or maybe a commercial lot is too small to cram any affordable housing on it and therefore that lot doesn't meet that commercially feasible whatever the phrase was earlier that that I read. Uh so that optional affordable uh or housing overlay zone right has to be 10% of your developable land.

Yes. So, in Orange's case, taking out things, you're talking about 800 acres, round numbers. Let's just use that as math. How do you get that, Kevin? Let me get 11,000. You got 11,000 acres of land. Yeah. You back out the public buildings and and and uh open space and open space. [clears throat] Okay. So, call that a couple thousand acres. So just just to make the math easy, say it's somewhere around 8,000. So it's 8,000 acres. So that means we're going to find 800 acres

if you wanted one of those zones. Yes. You'd have to find Yeah. Okay. So [snorts] everything every commercial and uh industrial zone in the town might be 800 acres. Well, except we have to use industrial cannot use industrial. All right. So, it's the entire post road plus. So, that's not an option. Unless that's what you want. Yeah. The post road, Indian River Road. Yeah. You can't put the overlay zone on an industrial zone,

right? As I read the act currently. So, um and I we you have another question.

No. Okay. I I think we talked about it earlier. In September of 2024, the town obtained a certificate of affordable housing. Uh that expires in September of 2028. That means the town can't face an 830G uh appeal until after September of 2028. In obtaining the the certificate of affordable housing, the town demonstrated that it has 131 total affordable housing units. Uh the town's total housing stock is 5,480 housing units. So the town's affordable housing stock constitutes approximately 2.39% of the total housing stock. Um, and we and we talked about earlier, the town did adopt, I believe in 2022, an affordable housing plan that was developed by uh the COG and and its professionals. Um, that may or may not have information that's useful going forward, but it is it cannot be a substitute for what is required of the act. So, I know that was a lot. If anybody else has any further questions, I'm happy to try and answer them. Um, but that concludes my my remarks.

So, it seems sequentially that really before we have anything to react to, we're going to get something from uh OPM andor CO to that's going to set some numbers, targets, right? Goals.

Identifies uh districts, zoning districts. Well, that that's gonna that's going to identify [clears throat] the the housing goal for the region and then so so OPM will give you the the housing goal for the region. I'll make up numbers. We we need 10,000 affordable units for the COG that we're in. The Cog it gets kicked down to the COG. the COG develops its own plan and said out of the 10,000 orange you get well you normally would get two but because of of other factors like the size of your grand list we may up it to 3,000 or or what have you um and then without any regard to you know how it can be accomplished

they're supposed to consider factors that kind of go to that but all right I'm not sure how the cogs are going to do that I'm not sure how OPM is going to do that I mean there's a lot of as as you heard So there's a lot of factors they have to consider. How how those get implemented is is uh above my pay grade at the moment. So until they establish that, how do you know what you're supposed to try and do?

Well, you don't know what the number is going to be, but I would recommend that that the town needs to start doing what it can under its power, like creating an inventory of land that could potentially qualify under that developable land definition. So, I don't think the town can sit back and just wait because it's a tight time frame. Once a COG has its plan, you got to tell it in 30 days if you're going to accept. And if if you don't do that, then you better have a plan ready to go to OPM by July or June, whatever the date was in 2029. Um, so there are things to do, but right, like you're not adopting at the next meeting a housing plan. That's for sure. You know, Kevin, [clears throat] to your point, if there are 800 available acres, excuse me, [clears throat] and the requirement is four for single family up to as high as 10 for multifamily. If you take the average, that's seven units per acre times 800 acres of 5600 people minimum. That's at one per unit. We only have 15,000 people in town.

Well, let's not say 15. Then we got a fair rank commission. The thing is, Tom, no one no one goes to school to be a suburban planner. They go to school to become a city planner. Yeah. Or orange Orange as [clears throat] a political entity that's a suburb is not in their plan. The I95 corridor is going to be a contiguous. Well, the key to everything is sewer infrastructure. So, we're limited there because

we don't have it. However, if you look at the summary that Owen's office did of the act, they're going to do an inventory of existing capacities and where sewer capacities can be expanded. And if you talk about Derby and Derby and West Haven, uh Milford, I don't know why we've never gone that way, but you know, I assume they also have a sewer. Yeah, I know they have a sewer. So, you know, basically, and they might they might the state might fund some or all.

Exactly. That's how you know like the game it's game over because they're going to we're going to have to start running sewer laterals off of 95 to existing capacity discharges and it's just you know going to all be you know apartments as far as you can see. It's [clears throat] going to take time because they'll have to come up with money.

And the other thing, this commission will have to tackle the parking um part of the legislation. And Jeremy, if you could go back one slide, the um the summary review process. I have not examined the regulations to determine what changes need to be done, but yeah, we're not oppressive in our parking requirements, I don't think. I mean certainly not doing it to exclude people from developing land. Yeah. So how does this impact the property in orange zoned residential? Well, at the moment there's no, you know, immediate impact, but depending on

what the housing goal is and then what I mean the town has to come up with policies and practices that it's going to use to to get rid of regulatory barriers for affordable housing, right? So, I'm just talking hypothetical. I don't want to say that this is going to happen, but you could say, well, you know what? We're going to allow uh what was the density for uh we're going to allow eight, you know, townhouse units on one acre in any residential zone notwithstanding the minimum acreage requirement that we have in our regulations, right, for these middle housing, right? Yeah. It kind of blows us out of the water. So,

right. So, it's going to become a s a septic a septic system, right, situation, you know, that's going to be the big issue. Yeah. But it's it's it I mean the direction the direction is clear that we are no longer going to be empowered to regulate housing. It's just how long is it going to take,

you know, and how's it going to manifest, you know, and and these unelected boards at the regional and state level are going to make decisions on what the town is going to be composed of and how it's going to look. And they're just throwing us a couple fig leaves to say, "Well, this is where we'd put it if we have to." And then when that's not enough, you know, it's gonna go everywhere. Talking about vertically. Yeah. [cough] Vertical still needs a sewer.

You would think minimum. That's one one thing that bill doesn't address at all that I recall is infrastructure. Uh they I mean [clears throat] there might be other provisions. Yeah, you know, I focused on what I thought was most pertinent for the board, right? Like I said, it's 107 pages and 50some sections. So,

uh I'm sure there's something out there that probably needs to be addressed, too. Um but right, I mean it the those priority uh overlay zones just get rid of the dimensional standards of the underlying zone to encourage whatever density is wanted or or required. So yeah, it doesn't really to the extent it addresses infrastructure, it kind of pushes those bulk requirements aside. So this overlay zone would be overlay potentially the entire commercial dis the we have three commercial districts, right? C1, C2, and C3.

I thought it was C3. C1, C2. Li, two, three, four, five. 1 2 3. Yeah, I think that's probably a little homework assignment to figure out how many acres are in there in the commercial zone. Yeah, because the commercial zone look when this gets forced down, you know, and it's here the the only infrastructure that exists is the is along the 95 corridor and the 34 corridor, you know, because they could clearly make you force up uh development up uh Grassy Hill across from Field View Farms. There's some Well, that's where the comes in now, right? From Derby. Yeah.

Yeah. So, yeah, they're serviced by Derby and then the post road is West Haven. What I'm getting at though is if you would prefer to see the higher density residential in the commercial district as opposed to the residential district, you'd be proactive in creating that overlay zone, right? in the commercial, you know, in the commercial C1, C2 districts provide. Yeah. I mean, you got to hit that 10% threshold of developable land. So, so we need some we need some math,

right? I that would be my recommendation regardless of what the board wants to do is get an inventory of of uh parcels and land, what it is, you know, kind of back out of it as this board was talking about. We you can't do public public land. you're not, you know, public buildings, deed restricted properties, those those can't be used. And then what's what's left and then, you know, you have the topography issues for some, but um that would probably be the first assignment. If you built commercial on it, you can build housing, you know, basically

you certainly want it down there. I mean, that's where the buses are. And I mean, as we speak, the problem is if what if our commercial area doesn't cover nearly as much as much as we we needed to. You know, where are we going to find it? Let's say it only covers half five%. What if it only covers, you know, that 5%, we got to find the other 5% somewhere else? And when the can't be industrial,

and when the commercial property owners are making a certain return on their commercial property, you know, then that values that property at a certain amount. And when you try to do some new housing product on it, none of it's going to be affordable. It's going to all be market rate and it's not going to meet any goals. So you're like not getting any progress and you're getting more population and then we wind up with a a fair rent board and it's like really? So here we are now. It's like you know just what's the what is the threshold for a fair rent board? 15,000 people. Wow.

Yeah, we're 14 something. Owen has three more kids. We're out. Yeah, I couldn't. [laughter]

Oh, no comment. Uh so the next step for us as we you know try to choke the chicken bone down is we should do an inventory and think about where uh housing might uh reasonably go with the least disruption to the town's complete identity. We do have some areas identified in our POC for potential development. It is not going to cover the 10% I think. So I will start calculating how many acres of commercially zoned property do we currently have.

Um and we'll go from there. We should probably also uh have the engineering department look at any uh sewer uh agreements we have currently in place and what uh additional capacity is available or not available. I'm sure that's information. Yeah, and I don't want to speak too much on it, but I believe with West Haven, I think we're only using about half of our capacity that's in our contract right now. So, between West Haven and Derby, we should figure out what what we're left with. Yeah.

What I'm uh envisioning is uh it sounds like what this is driving you toward is post road with all fire light buildings like, you know, projects like that. I mean, just I don't know if that would that would get you there. So

it the Yeah, I don't Yeah, I I I I don't I don't see any of this as actually going to be achieved anywhere in, you know, in the state outside of you have a train station and you can build a 15 or 20 story building next to it. if we don't have one of them. But [clears throat] I mean, you know, and if you were going to say that those transit orientated districts would have to be again at the periphery of Orange by West Haven or Milford, right,

on the post road. So, I don't think Amazon's going any place. You know, Kevin, that's that's exactly what they did in Milford. They just put up probably half a dozen six to eight story buildings right by the train station. Yeah, that that that's what the vision is for the entire I95 corridor to to meet, you know, these sort of density requirements. [clears throat]

All right. [clears throat] Thank you very much. Oh, you're welcome. Thank you. Very good. Excellent. [clears throat] Well, it doesn't sound like we uh are in position to do anything right away, as in work on a housing plan. I I'd like to do as little I'd like to be as efficient as possible what we need to do, but based on what we've done before and how we went in with both feet.

Yeah. U like to see some more meat on the bone before we commit any significant resources. Right. Yeah. But I I I think this is will manifest first as the same way firelight did with problem parcels or small parcels along the uh post road. Yeah. Indian River Road. Maybe

they're trying to come in with plans that meet the verbiage of the middle housing uh language to try and get the nine units per acre. uh density, but it seems to be in what Owen presented to us uh units per acre, not units on a lot because originally the discussion we were having earlier when I thought we had to address the minimum lot size in the commercial zone, if it's units per acre, that's a move point,

right? So like uh something like the project we approved tonight that building that is actually zoned LI3. So that is Yeah, that's industrial. Yes. Somebody doesn't have Sorry, I'm going to turn that towards you. Are there any um nothing we should pay attention to that allows us to opt out of any requirement? because in it's all mandatory or opted, right?

All right. Well, um I guess that's it for now on uh on the on the plan and that's it for our agenda. So move to ajourn. Second. All those in favor? I I Okay. Thank you.