Plan & Zoning - Regular Meeting

in the back.

Okay. Thank you. Uh good evening ladies and gentlemen and welcome to the May 5th 2026 meeting of the Orangetown Plan and Zoning Commission. I am Commissioner Azie Pari and with us with us this evening Tom Trenti Paul Kaplan Jenny Bowser recording secretary Kevin Cornell Jay Magcguire Owen Weaver Town Council.

All right. Uh we have everybody and u most notably missing is Jack. Uh but we're trying to replace them as quickly as we can. So, uh hopefully that'll, you know, we'll get that done within the next few weeks. Um but in the meantime, we'll have to uh struggle through without him. All right. First, I before we get started, uh I'd like to entertain a motion to change the uh order of the agenda. Uh, I would like to um put the new number three new business discussion of potential regulation amendments with the town attorney. Put that last

uh because that's you know basically sort of a workshop uh with with Owen. Okay, we got a second. Second. All right. All those in favor? I I Okay.

All right. So, first uh item on our agenda is a review of the minutes from the April 21, 2026 meeting. Jenny, I just had a couple of really minor things. Okay, ready. On the uh second page,

the third full paragraph that begins CEO Demergent. Uh it says uh CEO Demergent responded to Mrs. Sims's concerns. And I would add I would add noted and noted that the Fair Housing Act specifically states that the neighbors are not re and I would add in after the word not required. Not required to be notified. Yeah. Okay. Required. Okay. Noted. Thank you. Any other ones? Those were the only changes I had. Is anybody else have anything?

Nope. No. All right then. And uh a motion to approve the minutes. Uh so moved for the uh minutes of April 21st, 2026 as submitted with the changes that Aussie proposal. All right, we have a motion to approve the minutes. Do we have a second? Second. All those in favor signify. I I Okay. All right. Takes care of the minutes.

All right. All right. So, the next item on our agenda is all business. Uh, does anybody have anything that they'd like to bring up under that topic? Uh so last meeting we uh uh allowed people to speak on their concerns about uh party manner and we were going to get in touch with uh Owen and have his office review the legal advice that was given to the CEO at the time that was decided to be a um an administrative matter, right?

And uh is do we have some sort of timeline on a response, sir? Well, I I I think Owen is prepared to to tell us. Yeah, I I can speak on that this evening. Okay. Well, I I thought I thought that uh I thought that we would identify it specifically as an agenda item and we didn't. we didn't in this agenda. Uh but we can put it off until we can identify it as a specific agenda item or we could talk about it now for a little while if uh I you know nothing's going to change in two weeks but uh

prepared to Yeah. I mean, I also note that there we we anticipated uh uh some Oh, you mean uh putting it off until we can have uh uh the um constituents here. Well, they'll they'll be noticed. They'll see the minutes. Notice that's what I'm saying. Yeah. So, I mean, we did say I did say Yeah. that we would uh have Owen uh you know we would we would seek his advice and then put the matter on our agenda for further discussion. Right. Which they can see the agenda is published someplace. Yes. Yes. Okay.

Yes. I have an agenda group that I added names to and it's online. Yeah. So it' be inappropriate to kind of deal with it if we told them we were going to be uh waiting to uh have them here. Well or notice it. Yeah. Okay. And again, I mean, I don't want to confuse anybody. No, it's not, you know, it's not a public hearing. Uh there's no application before us and uh you know, we don't uh we're not compelled to give any kind of uh direction on it this evening.

No. As a matter of courtesy, you told them that it was going to be we're going to notice it. So, we'll we'll do that. I I think one other piece of information would be helpful when we do have that on the agenda is I think it would be helpful if we had an email from the town sanitarian that identified exactly what did he approve in terms of this many you know I don't know whether it's bedrooms bathrooms but I think it's bedrooms Yeah. Yeah. Um yeah, it's based on bedrooms.

Okay. You know, uh something like that that's just a statement from the person who had jurisdiction over that determination, I think might be helpful to people. You have a comment on that, Owen, or I mean, the document exists. You can get it from him. I don't know. I don't know if you need an email from him, but I can talk to Brian about getting this board something. So, yeah. I you know, I mean, I can stop by town hall. I don't need to turn it into a bigah, but you know it if 20 people are going to ask the same question, sometimes it's easier to hand them a piece of paper.

All right. So, uh, do you think that's something you could follow up and in the you could follow up on? Um, and I guess it sounds like what we'd prefer to do is to put this on our agenda as a specific agenda item for our next Yeah. for our next meeting. Um, I can't be here May 19th. Sorry. Well, let me rephrase. I'll be late. I'll have to get here late. I won't be I have something at six o'clock. All right. That's That's no problem. Sorry. What's I mean, if it's all right with you. No, that's fine. Okay. I just may not be here at the start of the meeting. So,

all right. So, let's do that. I I think that's a better way to go. Then we'll have uh we'll have Owen's advice as to what if anything we need to do or can do and we'll take it from there. All right. I have a question. So as far as the party matter issue, we would be allowed to speak uh as the public at the next meeting. Well, yeah. We, you know, uh, we're getting Oh, you need to come up to the podium to introduce yourself. Okay. For for the I'm going to be referring to the party man issue though. Is that okay? Yeah.

All right. I just have some questions. Uh, my name is Dr. Lawrence Msina, Siri Drive in Orange. Um, I uh appreciate all that the zoning board has done over the years. I've lived in town for over 45 years and uh you've done a phenomenal job keeping the town going in the right direction. There's been a lot of battles we fought. Uh but um I not happy with the state of Connecticut for what it's done to our neighbors. Uh I know the this issue the whole state of Connecticut is facing at this point. And I'm here on behalf of my my neighbors being uh on Surrey Drive. We feel for our neighbors on party manner. Um I feel that I think from what I understand back in the 60s and 70s uh a lot of state hospitals had closed. So now they needed a place to put patients uh depending on what their issues were and they've now started putting these group homes which some have been in in Orange for a number of years. There have been no incidents but I have a couple of questions as far as um how how many are these are acceptable to the town? I know there's a 1,00 ft uh boundary where only one per 1,00 foot uh is able to handle uh something like a group home. Uh can we see a home going up now obviously on party manner? Will another one go onto Siri Drive? Because 1,000 ft isn't that much space. Um, you know, I big question right there. Uh, and something that I think you need to evaluate. Uh, the other issue I have also where we live, we have Racebrook uh, uh, Brook, we have the Weawag, we have uh, the pond, Writes Pond, we have a pond over uh, at Camp Cedar Crest. And unfortunately, there was a patient at another nursing facility that

walked out uh and froze to death. I'm concerned uh would is there a potential for a patient to to escape? I mean, they do have dementia and we've all been touched by it, family members. So, my heart goes out to anyone who has to deal with it. Are we facing a situation where a patient can walk out and drown? I know with the racebrook uh which is in my backyard with two inches of rain, it becomes like the Colorado River and uh it can sweep a lot of uh I've seen logs 20 feet long being swept downstream. So this is something I think the uh uh uh group home has to consider as far as uh safety issues. Uh the other issue I'm president of the orange land trust and we have property throughout the town. Uh, do you foresee the state in the future taking uh, open space, which we fought for years to obtain, and putting a group home on it? Is this something that the land trust and the conservation commission for the town of Orange has to be concerned about? Uh, I know this land is supposed to be held in perpetuity, but things do change. Uh, so that's a concern that I have. Um, and I, you know, at this point I understand the way things are going, there's no way we can change what's there already. Uh but uh is there a limit to the number of patients they can have?

Are you asking is there a limit under the zoning regulations? Uh well I think because that's what you that's what we're we're in charge of. Okay. You know the zoning regulations. Would the state s if you said there were only six patients allowed would the state supersede you your decision? It seems like they've taken your power away. This is what has me annoyed. Yeah. I I well again preliminarily you know without having heard advice of councel I I think that uh you know the planning and zoning commission uh the local law is is superseded by state and federal law. So um I'm not sure that I mean all good questions.

I'm not sure we're the right people to be asking them. Right. I just figured I'd bring it up so at least uh something to think about. Uh all right. I appreciate it. Thank you very much for your time. Some of those some of those questions will be answered, I'm sure, in our next meeting. Okay. When we have a full more full discussion. All righty. I appreciate it. And thank you once again for all that you've done for the town. Appreciate it very much. All right. Let's uh let's move on. So, next item is report of the zoning enforcement officer. That's obviously a new business. Did I skip? I did. I'm sorry. New business. So, uh, question. I'll just No, we we wait a minute. You put that to the end. We put that to the end, Kevin. We're on old business.

We're on old business. Uh, all right. Well, we talked about it already, so it's old business. Uh what are our actually our next steps to maybe engage a planner to do a comprehensive look at the zoning rags and what should we set up as a timeline to do that do you think? I think uh that may have gotten derailed somewhat. Okay. Because Jack's no longer with us and we kind of need a point guy to run it. Well, yeah. I mean, that was that the minutes reflect the minutes reflect that he was going to begin doing the leg work necessary to try to

figure out what we had to do, you know, budget-wise and and uh and otherwise uh to uh try to make that happen. Okay. So, we'll table it for a bit. Yeah. Again, that thing's got to get done.

Yeah. And you know and as far as Jack is concerned I mean we're we are trying to uh you know we've we've um posted the the job and uh the uh first selectman's office is trying to find a replacement and uh there are um interviews underway and hopefully you know within a week or two we could uh select a a candidate And u of course that he you know whoever we select has probably got to give notice to his current employer. So it may be 30 days until we have somebody. Um but uh Jenny's going to do the best she can to help us out.

And uh we have uh Owen and the rest of us muddle through. Right. We'll get through it. Yeah. All right. So, we done with old business or All right. Uh reported the zoning enforcement officer. We're going to skip that. Um so, the next thing would be a next item on the agenda is a bond release request submitted by Rajat Gupta for property known as 449 Boston Post Road. This is a request for a full release of performance and cash bonds for completed site work. Oh, okay. Somebody here for that.

Yes. Oh, why don't you come on? Step up.

Good evening. Good evening. My name is Rajat Gupta. Thank you. What else am I supposed? Well, uh the these uh the the bonds in place uh to to ensure that certain work gets completed. Yeah. So everything is complete and uh uh Jack looked at it before he left. All right. I don't have anything from Jack on on the subject. He did he did tell me did he leave somebody us a memo? Um, not not a formal memo, but he did go over tonight's meeting with me briefly before he left and he said that he did inspect and he had no issues with the property and everything was in line.

449 Boston Post Road just to confirm is corner of Post Road and Lambert, right? Correct. Yeah. This road and like right right across from Bank of America next to Bank of America. The Chef's Emporium. Oh, yeah. This is Yes. Yes. That's for Oh, all right. So, I I had the wrong building then. Okay. Yeah, it's that way. All right. The uh playground and site improvements behind Mhm. right behind the bank. Yeah. I don't think we need anybody other than Jack to have approved it.

Uh doesn't the town engineers sign off on construction? I believe everybody's signed off. That's why it got to this point that it would it would be released. Okay. So, last thing he wanted us to put some plants which I showed him the pictures then he drove by and looked at the plants and he said I remember that discussion. you do or not.

I I remember Jack's discussion about this matter going to be was going to be on the agenda and he said I just asked if I'm remembering la last meeting correctly. He said I just asked him to put it in a few uh plants where they had died. That's what I recall. I I don't remember. I you have a good memory. I mean I mean I don't doubt that the work has been done. Yeah. I mean uh and uh I don't doubt that Jack was satisfied with it. I don't doubt that any other municipal department head that had anything he if there was anything that was open he would have said it in in the

not he wouldn't have he would have mentioned it to me right I mean you know is is the file complete? Yeah we got a certificate of COA CA whatever it's called you know we got that also you know every all everything is complete. Sorry. You said you got the CO. Yeah. Okay. I haven't seen I haven't seen any paperwork, so I can't comment. What else would we be getting other other would it be Jack's approval? Um, well, basically I just I wrote it down on a on a note, but I mean everything everything was completed that needed to get completed. That's why we got to this point tonight. I mean we don't ordinarily see the file.

Sure. Absolutely. We don't ordinarily have a we don't have a requirement that that you know some document go into the file. I usually look at Jack or somebody looks at Jack and says do we need any more signoffs? Do we have all the signoffs necessary? And was all the work completed and he'll he already said yes. Do we know do you have any idea what the bond was? Excuse me. In the file there's a letter from Jack. Oh no no that's if everything is approved. That's if this is approved. Yes, he already got it ready for me. Just Yes. This this is if everything is approved ah

moving forward because of you know learning how to do everything. But within the letter that he's writing, it says, "I found that all site work has met the standards of the town and has been completed in accordance with town regulations." Right. Which would be the point that we're looking for. Right. Exactly. Jack signature. That's the best. He felt pretty. Yeah. Positive that it would be approved. Show them the money. Right. you looking for a motion? Maybe.

Yeah, I think uh John you should sign. I'll talk to you about who should sign. Yeah. Okay. When the bonds were put in place, this is in our package. It's in the uh the request. Once all work has been completed, I will provide documentation from municip from municipal departments in the TPZC to release the bonds and return them to the developers. So, I mean, I guess it contemplates some writing evidencing that the work has been completed. You want to put this off until we get the um

That's the letter. Well, look at it. You guys, you love to hide about that when you when you want to. Yeah. Yeah. This is the letter that he wrote that Yeah, I get it. But he wouldn't have written it if it hadn't been approved. Exactly. If he didn't feel that it would be, right? I mean, in the interim, I don't know who we'd ask for a letter from. The first selectman will serve as the interim CEO until we fill the position. So, I'll have Jim sign the letter. Have Jenny have Jim sign the letter. All right. draft a letter and send it to Jim.

All right. I have no Yeah, I have no problem. And did you Here we should take a look at this. Yeah, he'll come back. Yeah.

Jim. Jim. Yeah. So, Jenny, change it to James the interim CEO and acting acting acting CEO. Okay. All right. Then that's good. I think that's all we need. Thank you. It's all good. Yeah. Great. Thank you so much. You're welcome. When will I get my money? Can we do a motion? Uh, right after the meeting. Okay. You're going to write me there. Wait for us. We got We got the bag of cash, right? No. Uh, I don't know what I don't know what it how long it takes. No, I'm just asking because Jim is not here. So, Jim Jim, right? Jim Jim Jim is not here. So, I just want to make sure if I have to follow with anybody or answer your question, we'll have Jenny follow.

Let's have a motion to Thank you so much. I will follow up with you as far as the the process moving forward. Thank you so much. All right. So, I'll move that we re um uh release the bond uh submitted by Rajat Gupta for the property known as 449 Boston Post Road uh for the request of the full release of the performance and cash bonds for the completed site work. All right, we have a motion to release the uh uh bond. Do we have a second? Second. It's been seconded. All those in favor? I I Okay. All right. We're all set. Thank you. Thank you so much. I can move. Okay. And the cash will be right outside. All right. Thank you.

All right. Uh we can move to our public hearings now. First one being u the application for temporary special use earth materials removal and filling. This is on 52 Sky View Road and uh it's uh to bring in 750 cubic yards of material. Um and it's all in you know proposed construction of the single family home. And I think uh this is continued from our um April 7th and our April 21st meeting

and good and I think the only thing we were waiting on was a letter from uh the adjoining property owner that we were otherwise satisfied with the uh application. Correct. And I see from uh my uh documents that were in our packages that uh we had that letter. I don't think everybody's got a chance to take a look at it from Jennifer Lucarelli.

Do you you want to introduce yourself and and how you guys doing? Ad Lusi from 52 Sky View Road in Orange. Do you have anything to add to the No, I already printed it out, but looks Look, you guys printed it out before me. So, thank you. I mean, I didn't see any problem with it. I mean, that that uh I think he's No, but we if we approve it, we don't get to see him again. If I come back here, I should get paid. All right. So, if if uh we can uh we can close the public hearing unless you think there's some other way.

All right. Is there anybody from the public who wishes to speak with respect to this application? Okay. Then, uh we move that we close the public hearing. Yes, please. Second. All right. We have a motion to close the public hearing. It's been seconded. All those in favor? I I All right. I don't know that we again have any issues on the application. Uh and um you know we we got the one item that we were waiting on and for that reason I I would entertain a motion to approve. So moved. So moved. All right. Do we have a second? Second. It's been seconded. Uh, all those in favor of uh approving

I I Okay, thank you. Make sure it's clean. Oh, yeah. I I read it several times. Oh, so for sure. I have a question. Since Jack I know he left. Uh, does this go straight to building now at this point or do I have to contact anybody who's taken over Jack's play role? Yeah, I'll have Jenny reach out. I have to review the file to see where it was at. So, okay. Someone will be in contact with you. Okay, sounds good. Thank you guys. Have a good night. Thank you. Thank you.

All right. Next item on our agenda. Uh this is the petition to amend the orange zoning regulations uh submitted by Noble Orange LLC. And uh this is in regards to a requested change to the regulations. uh the sign regulations applicable in the light industrial and uh OP districts and this one was continued from our 42126 meeting. The applicant is here.

Yep. Uh good evening everyone. For the record, Luke Marorrow, a professional engineer with Sole Engineering uh 51 Main Street in Moro Connecticut um is here tonight just as a continuation from our last meeting. If everyone recalls, I think Jack had realized uh LED signage uh is not permitted pre-regulation. So, we're just going to amend it so that for gas stations specifically um they would be able to put uh LED um uh signage for pricing purposes only. So, I believe everyone has the revised copy of what we submitted. And if not, I do have extra copies if you guys need them. Um the and I also have it's going to look very similar to what I presented last time, but we do have a revised um rendering of what the pylon sign would look like just to account for the increase in. So um just specifically um this change was to section 383 186 of the regulations um which refers to um light in motion for signage and um so I'll just I'll just read what the proposed what the additions are. There's no nothing being struck from it, but just just some additions. So, no flashing, revolving, or moving signs are permitted. LED signs, neon lighting, accents, and signs where the source of light is visible are prohibited, comma, and this is where we're adding, except that interchangeable alpha numeric LED signage for the sole purpose of advertising the price of gasoline or

diesel at a gas station or community travel center is permitted. Period. All sign all lighting of signs comma except for LED signage permitted solely for fuel pricing shall be indirect with all sources of artificial illumination located out of doors including spotlights and flood lights so placed, shielded or otherwise deranged that such sources are not visible from any street or any other lot. So that was basically uh the change to the regulations. Everything below uh I believe is ex the same except uh I believe the chairman asked that we just clarify the language in bullet point number two. So uh which now reads um the location of the sign is approved by the zoning enforcement officer, building inspector, police chief, and fire marshal. I think the language a little wishy-washy before. So I think

it is it's it's the change I requested. Yes. So, with that, if there are any questions, I'm happy to answer. Um, we do know subsequent to this approval, I'll have to come back for site plan review uh of what the sign would look like, which you what you have in front of you. So, we present that. I know there was a request um from Mr. Cornell that we would show sightelines, making sure that there's there's no uh impediment to visibility, looking both ways, but I believe we would need sign off from police and fire marshall um who would also probably be inspecting those items as well. All right. So, that's not something submitted now. It's submitted

per per Jack's recommendation. Let's get it approved first because we can't approve something that's not in the regulations yet. So that would be um probably coming in the next couple weeks. I would submit that for your for your final site plan review.

So uh Mr. Bar, I I just have a couple of housekeeping items. In general, everything's as we were discussing, but um so and I would like to gauge the rest of the board's concern about it. So obviously the concern about LED lighting has always been uh the distraction. So the question is uh we're granting kind of a uh an exception to to to recognize the reality that fuel prices change every day. Right? So, but the question is, do you want to add a word like um where it says except that interchangeable alpha numeric LED signage? Do you want to put uh

where are uh this is in D light and motion? So, on the top. Yes, the top.

Okay. that uh does anyone else have concerns that people might take things a little too far in terms of doing an unreasonable uh price sign that's extremely bright or flashing or something like that. And that maybe we I'm not usually one for waffle words, but maybe put in that except that you know, uh, reasonable, you know, interchangeable LED lighting, you know, something that gives us a

continuous I mean, I've never seen one um that does I I've never seen one that is objectionable, you know, for price times, you know, in any um and I don't know if this is the language that dictates the other other jurisdiction, you know, the other towns, right? Well, as I said, I'd like to gauge other people's level of concern. I have a tendency to look towards abuses

rather than, you know, the way things work when everyone is uh I I was more concerned about this has opened the door for other other businesses with similar types of changing prices. Well, someone's going to have to come and talk to us about it. Right now it's just we can drive up and down the post road and see this. It's already there. Yeah. And it's not particularly objectionable the way it's currently being done. Agreed.

So the question is, you know, do you want to just go with this language because currently everybody's reasonable or well where where would we insert such language? So, in all you would do would say, and I'm just tossing it out there, is say that except that uh uh reasonable interchangeable alpha numeric LED signage for the sole purpose of advertising the price as permitted. You want to add the word reasonable because then if it becomes if something is glaringly unreasonable, you can go you can enforce it. you've got some leverage.

I mean, if this sign came in and the numbers were twice as tall and four times as wide and you could, you know, see it see it with the Hubble Space Telescope. You know, we have some leverage here. We have less. I have no question. But I'm just But if other people aren't I mean, I could go either way on that. You know, it's I mean, there comes a point where the the anything the risk you're talking about is it would be non unproductive Yep. for the applicant to Yeah. create a sign like that. Yeah. But we're just adding one word.

Yeah. But again, I still don't see where exactly we would in the language it's added in uh in D. Yeah. On the top in going to 261. And um he wants to put in the word reasonable in that. Uh oh. All right. I'm looking at the I'm looking at the wrong You're looking at the bottom. Yeah. Yeah. Well, while you're thinking about that,

I'm having trouble understanding some English. Okay. So, and some of it's your language and some of it's old language. So, we're going to go into D and just before the majority of where you put in it is, do you see uh regarding the ground sign? Mhm.

Okay. So, I don't understand. I understand why we didn't want there to be any signage for the first 10 ft. So, you could look through the legs, so to speak, right? But then it goes, unless it is less than a height of five feet. So, why do we want something from 0 to 5t? because that would seem to be right. I can I can speak on the conversations that Jack and I had. So So take it for what it's worth. In that case, it would be a monument sign 0 to 5T and you can look over the top of it. Ah

that's and he and I cuz I said the same thing. What does this mean? He's like yes it's very um difficult to understand and it was his recommendation basically for a monument sign. So there was nothing above 5. So, so it was basically 0 to 5 or or up to 15, 10 to 15, nothing in between. That's got that's what that's how he explained it to me because I was trying to figure that out myself and he said yes, that's the intent. That's how he enforced it. All right.

So, that's all I've got to bother you with. I have no objection to putting the word reasonable in two 383 261 um except that reasonable interchangeable alpha numeric LED signage for the sole purpose of advertising kind of cover here where it says the commission finds that the height and location

which where are you Jeff where are you? under LNIP D1. Your microphone, please. Sorry. What what he's saying is that if we don't want to change that language, we still are protected later on when we're looking at a site plan application and we can say, uh, no, this, uh, this has a negative effect. I'm good with that, too. Yeah. You're okay with that? Yeah. I mean, yeah, that's what But it only goes to height, size, and location, not I think. Are you referencing a section that I'm not changing? Is that what it is?

Yeah, he's he's in another section in the actual ranks that I'm not changing. Oh, he's looking at I'm saying you still have protection against Well, but it's But the thing we're going to object to isn't height, size, or location.

It's the you know, the flashing lights. Yeah. you know, the brightness and things like that, but that aren't there other uh I'm sure there are other areas that cover that. I don't have the other regs, but I know there's stuff that says, you know, it's not visible from directly visible from other and things like that that would also cover it. I don't care. You can put the word in there. Reason I don't think reasonable hurts anything.

I I've never seen one of them unreasonable, but yeah, I would I would suggest we go with that. I'm not I'm not concerned that way. I don't I'm not concerned about putting something in here that's contradictory to some other section. adding the word reasonable. I I don't think right. I don't think I don't think it accomplishes that much. I don't think it gives us it gives us some leverage if if it starts to bl I mean my thought was I had thought about it before, but Kevin says if it blinks or it's pink or blue and it changes color. Yeah. I mean, we're talking about something. It's not not a problem right now. Not going to happen, but Right.

All right. Is there any other are there any other questions for the applicant? You have anything further to add? Just so I guess my only request is can that be can we can we make a motion to amend the approval with the word reasonable? I think so. Okay. And I can and I can get Jenny the update with that extra word in it so she can copied or whoever is going to copied into the race can do so. All right. Uh I would be prepared to adopt uh the applicant's um suggestion that this that these amendments conform with the uh plan of conservation and development.

So he's got that on page third page of his application. Is there anyone in the audience that wishes to speak with respect to this application? Please come forward.

Good evening. I'm Laura Woo. I live at 215 Siri Drive. I think if you're considering anything to do with LED lighting that you should consider the brightness, um the distance from the eye, like you're talking about the height, uh the color spectrum, and the time of day that you're allowing the the light to be illuminated for both human and animal circadian health. Thank Okay, thank you. Anyone else? All right. Do we uh need any information from any other municipal department head? Do I don't think so.

All right. All right. If that's the case, then uh let's have a motion to close the public hearing. So move. Second. We have a motion to close the public hearing. It's been seconded. All those in favor? I I All right. Go away. We have to vote though, right? Yeah. No, I'm just there's any further discussing. Yeah. Yeah. You don't have a vote. You didn't catch the go away. I think we got what we were looking for. Uh and I see no reason not to approve it. Uh with that one one change

that one little change. And I know we need a uh an effective date. No problem. What's the effective date? Ordinarily at least Yes, we need an effective date. 15 days. He's borrowing his brow. Have to remember what the charter says. Give me a second. I'll get back.

Yeah. not on this in the next item. Sorry, this will this will take me a minute. So, do you guys want to keep talking or not? All right. So for the text change we have the finding of conformance with the PC date. Um any other specific things we need findings we need to make?

I think You guys put me on the spot here.

No, just a general information question. 21 days. 21 days. Yes. 21 days. All right. You have from publication. Your question relate to No. Uh just uh in prior years when we had public hearings, we had to have a uh court reporter. Court reporter. She's retired. Well, yeah. This is a this is an issue that other boards are having. To the extent we need a transcript, they have the luxury of OGAD and hiring a court reporter to transcribe it afterwards. So, Okay. And that's legit. Yes. Okie dokie.

Yeah. I mean, I imagine that's a big cost savings. Yes. Yeah. Yeah. All right. So, uh then somebody prepare to move we approve.

I'll uh move that we approve approve the petition to amend the orange zoning regulations submitted by Noble uh Orange LLC to amend section h uh 19. No, what is that? 19 of the orange regulations regarding signage in the LI and OP districts specifically with regard to section uh 383-261 and 38318. Uh we find that it's in conformity with the plan of conservation and development specifically chapter 5 regarding the uh development of uh uh uh business in town. Which which section?

Yeah. Thank you. I was just I was just going to tell you. I amend my motion to say 383 180. Oh, 186. Yeah. And 38318. Oh, I I was reading the wrong caption. Yep. All right. With the addition of that word reasonable. Yes. You're clear on where that goes. Yes. with in the effective date 21 days from date of publication, whatever date that is. Okay. So, we have a motion to uh approve the application. Uh do we have a second? Second. It's been seconded. All those in favor? I I I. Okay. Very good. Thank you. Have a good night.

All right. So, the uh last item on our agenda tonight is uh under the topic of new business. Uh and um we we uh are planning to have a uh a discussion with the town attorney regarding some proposed amendments. Correct. Yep. Uh if you if you don't mind. So, so I just thought that I would put it up uh the changes I made up on the projector to the extent the audience wants to wants to see it and we can we can track the entire zoning rags and where the changes are. So, you have a question.

I just wanted to speak for a couple about Okay, just a couple minutes because we're not it's not a I'm just uncomfortable with with taking testimony on on on an application that doesn't exist. I swear the application doesn't exist. No, there's no there's no application before the planning and zoning commission. No, there isn't. But there should have been. Just a few moments. Swear.

Karen Sim, 153 Party Manor Road. Uh in reference to 143, I just wanted to perhaps provide a bit more character around this topic. I know it will be formally addressed in the next planning and zoning meeting. Um, as we look at the town's agenda, in 10 instances, towns people have come before this zoning meeting and asked for zoning variances or approval to be able to construct an elderly apartment or an addition to held house an elderly family member. On December 2nd, 2024, the corporation known as Evergreen Elderly Senior Leviving LLC did put forth an application for certificate of zoning compliance to add a 1,642 square foot addition. They were never ever presented here before you for the same. and yet you required 10 additional taxpayers to do the same. So there's concern that process wasn't necessarily followed here. Um and if that could be looked into. Um there's also earth materials. There's instances where earth materials and we just had someone here requesting approval to move dirt. Um, they're moving a lot of dirt at 143 Party Manor. There's no record of them ever coming here to ask that they can move the dirt. And then my last point is just um around the performance standards. Is that for this committee or a different committee?

Where what performance standards are? uh section 383-163 regarding excessive groundwater pumping and also subsequent section 381-12 where excavation has disturbed the groundwater prompting endless pumping of water into the street. Would that be for here or the water zoning planning or the health department? Where would I go for that one? Uh I don't know, the the building department maybe.

Well, the building department doesn't have a group meeting like this. The building department to my knowledge is just a couple of folks sitting in an office who go out and approve things, right? So, where do we go to make that a publicly forum public forum there? And while we're on the topic of inspections, who does check the checker? because there was an inspection performed on April 30th that was not an inspection, right?

So, I just want to know who who checks the checker and where should I go for my next conversation, which is performance standards in the water that's being pumped onto the street and has been for the last three weeks, 24 hours a day. Um, and then just why wasn't the process followed for this individual who filled out the zoning application and never came before here to ask for permission to build an not an elderly apartment for a true family member, but an entire residential care home. And to answer your question earlier, the septic plan is for eight bedrooms. It goes by bedrooms, not humans. The Fair Housing Act and group home is for eight residents. as a re-rise in 2022 and their website is still advertising 10 residents. Again, I just request accountability and transparency and that these individuals, this corporation, this for-profit evergreen elderly um LLC is just held to the same standards that everyone in this town as from your meeting minutes have all been held to. And I just really hope that as you reflect on this for the next meeting that those are those things are in consideration.

Thank you.

I'd appreciate just 45 seconds. 45 sec. I'm serious because it's not on our agenda and we agreed that we would put it off until the next meeting and and again there there's no application pending before I understand all that. So, okay.

Hi, I'm Dan Hefern and I live at 138 Party Manor Road. Um, everybody's heard a lot about this facility. I've heard a lot about the Fair Housing Act and preeemption. They're they're afforded certain exceptions to zoning if they stay within the confines of single family housing and they comply with the Fair Housing Act. The Fair Housing Act has a limit of eight residents. They're 20% above that limit. That's 20% more traffic, 20% more garbage, 20% more visitors. Okay, we have two children or young adults with disabilities living on this this 8ome street and this is going to severely disrupt their neighborhood. So, I would ask that the town require this corporation to comply with the law. I don't believe that that you can hide behind the fact that there's state and federal rules when those rules are being flouted on town property. So, but but thank you.

I mean, I think you're on to something. I mean, it it may be that, you know, the the conversation that that needs to occur is one between the residents and whoever is responsible for the uh uh the the approval of the facility. state state approval. Um because there's no nothing in our zoning regulations that gives us the authority to approve the application. I mean there is no there's no there's nothing that provides for an application.

Well, who determines if they're complying with the town single family zoning requirements? I would imagine that would be this group here, especially if there's a report that they're not. They did apply for an application. So, just wasn't by this commission. I know, but I I don't know that this commission has to approve it. I mean, it's not something that comes before this commission. Again, I don't want to get into this discussion. No, understood. The thing is, uh, we're going to get advice of council as to how we ought to what we ought to do and then that's what we're, you know, if everybody's comfortable with that advice, that's what we're going to do. Okay.

And then we'll we'll take it from there, you know. Um, but uh I I I can't answer the questions you're asking. I just wanted to put it on the record for the attorney's benefit when he's looking this over. Okay. You might want to look at the LLC and the probate paperwork because it doesn't exist. All right. Thank you. Thank you, sir. All right. Let's move on to our next item. Thank you. Yeah. Thank you. Do you need the projector? Yeah, I was going to put it up. I mean, I I don't think you're in the way, Aussie, but if you want to move. Well, I can go to the opposite side of the table.

I just thought it'd be helpful to see the entire zoning rags up on the screen and what changes I drafted. And is the chair in the way? No, it's fine. Um I I asked Jack to print um just a just the sections that I changed for you guys. So you you did get a copy, but

share with your you want to give out to yours. Is that my screen there? Nothing's uh you might have to duplicate your screen. So you go into settings your Windows icon on the all the way to the left. Oh, there you go. Sorry, I can't see exactly what you're doing. So duplicate. Yep. Duplicate. Got it. Sorry. That's going to screw up everything when I go to the office tomorrow. Oh boy.

It's all right. We'll fix it.

Oh, good. All right. Here we go. So, here is the uh entire zoning rags as they currently stand. So, I'm going to go through all of them and then we can have a just you guys feel free to interrupt me and ask questions, comments, whatever, uh as we go. So, uh, what I tried to do is is make changes to the zoning rags for the parts of the housing bill that come into effect or that are either already in effect or into in effect as of June 1st, 2026. Um, before I jump into it, this commission should be aware that there is proposed legislation that has not been signed uh that already affects the provisions of the statute that I'm trying to affectuate for you. So, it's a moving it's a moving target and when we get to the section I'll talk about what the proposed legislation is. Again, it has not been

at least as of when I looked today it hadn't advanced. Um session is almost done but we'll see what happens. Uh sorry Owen for the benefit of the larger audience. Yes. Out there uh if we could just give them context that this these changes are the result the direct result of statutory changes from Hartford that we are required to implement.

Right. So, in a special session in the fall winter of 2025, public act 251, I believe it's entitled an act concerning housing growth was passed by the legislature, signed by the governor, went into a law, you know, effective January 1st, 2026 for a lot of provisions, uh, but with multiple provisions having an effective date later on, some of which being June 1st, 2026. uh without giving my complete lecture that I gave a couple months ago. Uh the legislation generally speaking um requires municipalities to um develop a plan for the implementation and potential growth of affordable housing within the within the town. Uh the state starting with OPM will come up with an affordable housing goal for every municipality in the state. That number will trickle down to the COGS uh the council of governments and the COGS will develop a plan for their regions that municipalities can either adopt themselves or a municipality can choose to go it alone so to speak and come up with their own housing plan. Um part of the housing plan is identifying regulations and other practices that uh could be restrictive of affordable housing and the goal is to um change those. so that you can become more accommodating that the proposed regulations tonight or the edits to the regulations don't go to that. We still have to wait for the development of a of an affordable well of a housing plan for the town. Uh but other sections of the law changed uh what zoning regulations can prohibit, what they or what they can't prohibit is the better way to put it. And it also inserted um other changes that affect what uses have to be required. Um there's some off- streetet parking that we'll get into that this

board's familiar with with the last uh tech well not this text amendment but last the last text amendment you considered. So um that's kind of the high level review for the audience at home. So yes refreshing my memory. Is there anything is there anything that we need to do and what's the time frame if if the answer is yes? Uh is there anything we need to do um in an election of some kind? You know that we have up until a certain date to uh to accomplish.

Well, the the proposed reg changes here I think you need to to do by June 1st. Otherwise, state statute will control and if our regulations are not in conformity, applicants are just going to tell you that the statute overrides it and you have to follow the statute. So, so, so we need to adopt this. There's no particular section that that talks about a uh that gives us an election.

Well, there's a couple election you have an this board could choose to to enact a priority housing zone. That's optional. It's not mandatory. Um, you could also choose to elect a transit community development zone. I might have butchered the exact title, but that's an option. Um, what's mandatory is adopting regulations for summary review approval of certain developments, and that we'll get into that. What's mandatory is off- streetet parking uh requirements. Generally speaking, under the legislation, towns can't deny an application based on a certain number of housing units involved that uh on on the sole reason that it doesn't satisfy any off- streetet parking uh requirements within the regulations. And I have we have legislation to that effect. And in fact, this board already approved that with the BRCD uh text amendment. So, uh, and there's a couple other things that, um, also we have to address. So, that's there are some options. Uh, there's traffic mitigation and conservation zones, which we'll get into that. That's not a mandatory provision, but but this board has the option. Um, and again, we'll get into that as I go through here. So,

so the scope of what is in front of us tonight are mandatory things that need to be done before June. Yes, I I do have proposed text amendment language as to a traffic and conservation district that is not that doesn't have to be done before June, but it dovetales in with the park off streetet parking. So figured I'd show the board if you wanted to take that advantage what that language might look like. Reasonable likelihood that the law will change. I mean are we going to reason? I don't know. Uh that there's pen there's proposed legislation. So

I just hate you know make these changes and the law changes.

Well let me like let me give you a concrete example. So I guess we'll go um we'll go out of order so to speak. Um if you want to look at uh bear with me. So if if you jump to page two of the memo I gave you in terms of definitions um you know two two definitions that I propose adding to the regulations and let me see if I can get that on the screen here is uh adding mixeduse development and transit commu community middle housing development. Bear with me while I get it on the screen. All right. So, why is it doing that? So mixeduse development under uh section 16 of the uh legislation which amends various portions of uh general statute 8-2A which is the general zoning statute. Um the legislation currently, public act 251, provides on and after uh July 1st, 2026, any zoning regulation adopted or amended pursuant to section 8-2 as amended by this act shall allow for the development of any uh excuse me of a transit community middle housing development as defined in section 11 of this act or a mixeduse development on any lot that is zoned for commercial or mixed uh mixed development subject only to summary review. dot dot dot the the proposed legislation currently uh and I'll I can pull it up on the screen here for you if I maybe I lost it. I think I closed it

earlier. Apologize. Uh or let me try this. Yeah, here. So, this is uh substitute House Bill 5502 that has not been enacted, but you can see right there line five, they're changing it to January 1st, 2027, and they're um adding in uh is zone here's the zone for commercial mixeduse development. Right now, the there's a proposed two is zoned for industrial use provided that lot is not greater than 1,000 ft from a a transit station as defined by section 8-169 HH. Um or number three, jumping some some language there was previously zoned for residential use at any time subject only to summary review. Um, and I think in here it also defines there's no unit number on mixeduse development in the current legislation. I thought I saw uh a proposed amendment that defined mixeduse development of 2 to9 units which would make it consistent with transit community middle housing development which this board may recall is a 2 to9 unit uh de uh development. Let's see if that's I'm not quite sure what page it's on. I don't want to take up too much time, but as you can see, it's it's potentially a fluid

situation as to what this particular part of the legislation is, which again is aimed at um requiring a certain level of uh residential development subject to summary review on a commercial lot. So, some of the some of the zones uh that are zone commercial in town right now, we don't allow dwellings. So, and we'll get into that. You you're going to have to allow transit community housing and mixeduse development right now. and and uh so that's why for instance um mixeduse development is a is a term that I uh suggest adding and that's a development containing both residential and non-residential use in any single building and that and that comes from um general statute 8-1A subsections B subse subsection 7 that defines the term. So, um, I'm going to go back up to the top if that

if that's how you got I mean, if everyone's read everything, I don't have to go through all the proposed changes, though. I'm happy to. I think that's probably beneficial for the public, right? Yeah. Okay. Just want to make sure we're all on the same page.

All right. So, we're going to start with section 383-13 of the of the regulations. This is entitled nonconformity and this is amended by section 18 of of the legislation which amends uh general statute 8-2D. Um it zoning regulations adopted pursuant to subsection A of of general statute 8-2D shall not and then the legislation puts in several uh prohibitions and and this one concerns zoning regs uh shall not prohibit the continuence of any non-conforming use, building or structure existing at the time of the adoption of such regulation. B. Require a special permit or special exception for any such continu continuence. C. Provide for the termination of any non-conforming use solely as a result of non-use for a specific period of time without regard to the intention of the property owner to maintain that use. Or D terminate or deemed abandoned uh a non-conforming use, building or structure unless the property owner of such use, building or structure voluntarily discontinu such use, building or structure. And such discontinuence is accompanied by an intent to not reestablish such use, building or structure. The demolition or deconstruction of a non-conforming use, building or structure shall not by itself be evidence of such property owner's intent to not reestablish such use, building or structure. uh sub section 383-13 of our regulations had language that I proposed to strike specifically the last sentence in subsection B uh and subse subsections one and two of

subsection D uh subsection B the the sentence that I proposed striking uh no non-conforming use building or other structure or lot shall be deemed to have existed on the effective date of these regulations or any amend amendment there too unless it is actually being u it is actually in being on a continuous basis on such date and um if such nonconformity is a use such use had not been discontinued within the meaning of subsection E sorry it's tough to read with striketh through sometimes but uh generally speaking the the proposed um sections that I'm striking kind of go towards the prohibition of if it's not in use you're going to lose the non nonconformity status uh and and uh and the our regs currently don't speak to the intent of the property owner as to whether or not the property owner truly intended to abandon the nonconformity and and that would be the proposed addition uh in subsection E uh that I that I put in there. So any questions on that or would you like me to continue on? So basically even though the intent of the whole non-conforming statute is that they shouldn't be expanded and or they should conform as quickly as possible. the conform now it's all based on the intent of the owner.

Yeah, basically it doesn't exist anymore. There are it's they're just existing non-conformity. It's certain it's it's certainly a a carve out to allowing nonconformities to um stay in in use. I'll put it that way. So, right. And even if it's damaged by a fire or raised, then they can just build it back and keep going, right? Yeah. Um, yes, I think I struck that. Did I get into that? I don't remember.

Yeah, but that goes to the last point that I that the legislation Yeah. the uh demolition or deconstruction shall by itself not be evidence of, you know, an abandonment. So yes, the next section in the regs is 383-14. We talked about it a couple minutes ago. This is the definition section. Uh I propose adding some terms. The first one is cottage food operation. uh the the legislation and just for the public at home when I talk about the act or the legislation it's it's public act 25-1 the special legis legislation that I summarized at the beginning here uh again this the the act amends 8 uh general statute 8-2D to provide that zoning regulations uh shall not prohibit the operation in a residential zone of any cottage food operation as defined in section 21A-62B of the general statues that that statute defines the term cottage food operation. Um we did not have u that term in the uh in the in the regulations. It's uh it's not a it was not a previously a permitted use. So that that has been added to the definitions and as a permitted use in um residential zones. So,

yep. I I understand you didn't create the mess. So, let me just Thank you. But I do not I do not I I I could understand the intent of this cottage food operation if people were creating a product and it was leaving that place to go to somewhere else to be distributed. But this says it's only for sale directly to consumers. What's the difference between someone calling their house a cottage food industry and running it like a food truck?

I'd have I'd have to look and I don't know. I mean, they just Yeah, the the definition as as you pointed out, Kevin, is you know, who produces cottage food products only in the home, right? But it says and who does not operate as a food service establishment pursuit. Yeah, it says that and then it says sell directly to the customers, right? I mean, it's just I don't know. I mean, what what is it? This is uh designed to capture a like a fruit and vegetable stand or No. No. People making jelly and soda at the Yeah. Right. No, there's people making place on uh

I mean I know food trucks have, you know, separate uh regulation, right? But uh but isn't that a food service establishment? It says food does not operate as a food service establishment. Yeah, that's probably more like a restaurant or Yeah, I don't Yeah, I mean truck is a restaurant, right? I I can't go in a food truck. I I if this is what we have to do because of the statute, this is what we have to do. It just seems that this just looks like, you know, right? So, so yes, you have to do it. The basis behind it, I'm you know, I didn't I didn't investigate that.

So, so we have to allow this and then whatever happens happens,

right? same sort of discussion for um uh family child care home and a group child care home. These are um again the legislation prohibits a zoning regulation from um prohibiting the operation in a residential zone of any family child care home or a group of child care home located in a residence or b require any special zoning permit or special zoning exception for such operation. Uh those two terms are defined by general statute section 19A-77. um we do not currently permit those in res residential zones and this board may recall that um I don't recall what provision of the regulations but it uh I'll tell you in a second 38319 you know provides any use not specified as permitted in the district is prohibited. So uh if you have to um if you have if you can't prohibit it and we have that catchall prohibition then we have to add it as a permitted use. So and we do I do propose that when we get to

childare homes two yeah two things family childare home and a group child care home and those

and then we can keep that language if it's not if it's not listed then it's not allowed. Yeah. Yeah. I'm not proposing to change the um the catchall prohibition, but and I can go through the different if you'd like, I can read it, but you know, family family child care home and a and a group um group child care home has a specific statutory definition for both. We already talked about mixeduse development and transit community middle uh housing development. I've added those two terms to the definition and again those have to under section 16 of uh of the act they have to be allowed uh pursuant to a summary review process on any lot that is zoned for commercial or mixeduse development. Um,

yeah. Could I bother you to send us like what a sum Sorry, could I bother you to send us what a summary review process actually entails so that when we have to apply it, we know what it is?

Well, it's not really you guys. Well, it could it could be. So, you know, you have your regular review where you may or may not have some zoning discretion that you can apply, but let's let's go to to the most lenient review. That's as of right, and that's just does it comply with with the regulations. If it does, it's got to it's got to go in, right? Summary review is one step above. You have the you have the regulation review which can be done over over the counter so to speak in some instances and then you have one additional layer and that is is and let me get the exact phrase for you so I don't misspe it uh a determination of whether public health and safety will be substantially impacted. That's it. Two questions.

Okay. substantial impact to public health and safety and does the application comply with the right like the the bulk regulations both evaluated by the by the zoning enforcement officer presumably. Yeah, presume I think that's the intention. I mean could the zoning enforcement officer send it here? Yes, but you wouldn't be allowed to have a public hearing. There's no zoning discretion act uh decision to be implemented. It's does it comply with the regula, you know, the bulk standards and is there a substantial impact to public health and safety? Well, we that there's discretion associated with that stand.

Yeah. To to some degree, but it's not, you know, it's not like a special permit where you could just I don't like it and you know,

for for some reason. So, so yeah, I guess you could call it somewhat discretionary, but it's a very heightened, you know, it's got to be a substantial impact to public health and safety. So, those are the changes to the definitions and those are really to effectuate other changes of permitted uses in other sections. So, I'm going to go to article 3 in a moment and start with um 383-26. And this is the residential district. And this 383-26 is the permitted uses. Um the first the first revision comes to uh subsection F. This is this concerns conversions of dwellings existing on January 1st, 1937. Sub sub section one uh concerned um minimal floor area. The amendment or excuse me, the act prohibits zoning regulations from establishing any dwelling unit a minimal floor area that is greater than the minimal floor area set forth in the applicable building, housing or other code. Uh so we currently have each dwelling unit shall contain not less than 900 square f feet. I I suggest we strike that and say that it um shall contain floor area that is not less than the minimal floor area set forth in the state building code as may be amended. And that change uh happens elsewhere in the regulations as you guys probably saw in the memo I provided uh beforehand. The next change comes to listing at the bottom a new L and M which uh set forth that

family child uh care home and a group care home as well as cottage food operation are permitted uses in the zone pursuant to this the discussion that we just we just had. Then we jump to article four which starts our commercial one of our commercials. This is the local excuse me local shopping center district. Uh again as we discussed a lot you have in any lot that's zoned commercial you have to allow transit community middle housing development or a mixeduse development pursuant to a summary review. So I have uh added that to the section I proposed a new section 383-33A use subject to summary review approval transit community middle housing developments mixeduse developments. After I transmitted this to Jack I thought well maybe you could put it in these two things list them as permitted uses with a you know comma subject to summary review. That's more of a stylistic thing. Um but either way they need to be added and it should be said that they're subject to a summary review approval and and this this amendment or this this proposed amendment applies again to article 4 article five um well let me take a step article 4 prohibits dwellings so I exempted out transit community middle housing and mixeduse housing in subsection A of 383-35 which again is the prohibited uses in in article 4. But just to go back to the transit community middle housing and mixeduse development subject to summary review again, any lot that's zoned commercial uh has to allow it by summary review. So that change is is proposed for the

commercial zones. One discussion we could have is what's a lot that's zoned commercial? Is it, you know, do you go by the title of the district or do you go by what's uh what are do you do you examine the uses? Right? If if you have a district that is primarily um I'm making it up prim like an industrial zone, but you have a special exception that allows for commercial, right? Does that constitute a lot that's zoned commercial? I mean, that's a question probably for the people that wrote the the bill. I don't I don't know how a court would interpret that. The way I approached it was if you had commercial use uh authorized in the zone then you needed to allow transit community middle housing development and mixed use uh developments. So So it's the same change to article five which is the commercial C1 district. Um, it's a new proposed section for use subject to summary review. That that zone didn't have a per a prohibited use section that needed to be adjusted. Article six is our commercial C2 district. Same change, a new proposed uh subsection 49A We do not need to make changes to the to the indust the light industrial districts. So, I'm going to breeze through those.

Oh, it's a little picky, but um on 383-41A, that should be transit community. I'm sure there's a typo on the middle. I'll make that correction. Thank you. 418 you said. Yep. All right. Let me just I'll do it now so I don't forget

what uh what I have to get rid of the s pardon me. What was the what's the type of word? The word community is missing. Transit community 41 41. All right. I'm not going to I'll go back and change. I don't want to Yep. delay time here. Thank you.

So the statement uh uses subject to summary review approval means that has to happen. So like so you have uses subject to summary, right? Yeah.

It's got to happen for those. It doesn't summary review on other things, right? Uh, I mean, you could expand the regulations to allow summary review on other things if you wanted. Uh, but you're not required to. Uh, article 10, uh, see this is the business office park district. So, you know, it's not um the the name itself doesn't suggest necessarily like commercial. Obviously, an office building is commercial, but it's a different type of commercial, right? It's not it's not necessarily retail but I do believe let's see it's not industrial

right it's not industrial but you you know you're if you look at the special uses you commercial entertainment amusement facilities hotel motel provided with exceptions uh even though it's a you know again the title is not necessarily commercial It's It's more specific to a business office park district. It's commercial. I kind of viewed it as commercial in nature. So, does that have the daycare uh use in included?

Uh trying to read here. I don't take daycare accessory use customary whip and incidental to the uh to the other permitted uses. I don't know. It's not specific. They made a change in the regs movie. I'm not seeing it. So, you do prohibit dwellings in this district, right? So, I carved out. Now, this was like to uh capture u you know corporations that big corporations that had their own daycare. Right. Okay. Yeah. I don't I don't see it. So

may come in with some application we had on Marshall Road. Okay.

It might it might have been UI. So on a bumper sticker, every zone that's not residential or industrial in the town will now be available to multifamily housing uh based on a summary review procedure, which means we don't see it necessarily and only would be denied on the basis of a substant stantial impact to public health or safety.

Yes. With with the caveat that it's again it has to it's either the 2 to9 unit which is the transit middle community housing or it has to be a mixed use which has to have a component of retail and residential in the building. So it does not open up for your monster 100 unit residential only. But what's the limitation on a m mixeduse development? At the moment there's no limit. There's no number, right? So it could be but it would have well the limitation I guess is there has to be a retail component if you view that as a limitation. Yeah. So you So what about like height? It has to meet the bulk area. It has to meet the bulk stand. So I mean there's

Yeah. So it would be six so it' be 60 feet tall. So it's four stories. You put some grade level retailer 60 feet, isn't that in the seat one or is that 40? I don't think I don't I don't recall anything being 60 ft maybe. No, we did something in the office for height. Well, all right. So, say 40T. So, yeah, you can put a lot of apartments in three stories. Well, 360.

You remember that one? He's not going to give that one up. Vote over that one. Yes. Let's see. So, the next section is um 14 if I can get there. that concerned the minimal floor area that we discussed earlier. You you skipped over the parking, right? Uh that's that's coming up. Oh, okay. Yeah. I'm at 383-140. One what?

40 140. How come I don't have that? Yeah, I'm going through the PRCD. Sorry. One second.

Like seven or eight from the back. Yeah. Yeah. This is um special standards for conversion of a single family family dwelling to accommodate elderly housing and you had a floor area requirement again of 900 square feet. I changed that to the minimal floor area uh as stated in the um state building code as may be amended which we discussed earlier. Uh the next section is 383-174. This is the off- streetet parking which should be familiar to you guys because it's going to mirror what we did in the PRCD 383 174 number of spaces required. So just for the benefit of of the audience again under the legislation uh if a if a development is uh residential and it is um containing 16 or less dwelling units there can be no minimum parking requirement. We we previously had uh a two space requirement for a structure containing one dwelling unit. Uh if the residential development contains more than 16 units um the you can have a parking requirement. It has to be the lesser of one space for each efficiency studio and one bedroom unit and two spaces for two and three or two or more bedroom units or the lesser uh or or the the number of spaces recommended for the development by a parking needs assessment submitted. and that conforms with the requirements of what a parking needs assessment has

to have. Um, so that I've had to change the language here concerning residential units and off- streetet parking requirements. Now, you can regulate off- streetet parking in two circumstances. again, the 17 or more that we just discussed. Or you can adopt a conservation and traffic mitigation zone, which can require parking minimums for residential developments of less than 16 units. Um and if you go to the end of the parking requirements 383 180 which are new new proposed uh regulations. This has two things. It affect it it puts into place what a parking needs assessment requires and that's that's in the statute. It has to have an analysis of available existing public and private parking that may be used by the residents of the proposed development. Public transportation options that may be uh used by residents of the proposed development that mitigate the need for off- streetet parking. Uh projected future needs for off- streetet parking for such proposed development and any uh relevant local traffic parking or safety study. And the developer does have to pay for that. Um, so that's subsection A. Subsection 183. Um, let me get the whole thing on the screen. Sorry. Uh, is what a regulation could look like if this commission would like to adopt a conservation and traffic mitigation district. Um, it's an option. Again, it's not required. It, um, you're allowed to have two districts. no more

than 4% of the land's total land area, but they can be contiguous. So, you could have an uh you could cover eight 8% of the of the total land area. Uh the town has according to the last plan of conservation and development 11,190 acres in size. Um, by rough math and with Jack's help before he left, the commercial properties along the Boston Post Road equals approximately 400 Well, and the exempt properties that like the town owns on the Boston Post Road owns equates to about 420 plus or minus acres. So, that's roughly 4% of the town's total land area. So the the proposed legisl rag here a is establishing uh one of these or allowing this board to establish these type of districts which by the way has to be approved and reviewed by the state uh and then implementing um such a district. So, if this board wanted to adopt one on the Boston Post Road, um took the liberty of drawing it out for you, may be hard to see, but the black lines that are not perfectly aligned with the the property lines would I did two for the sake of discussion. You have one to the north of the Boston Post Road and one to the south covering all the commercial lots. It's not going into the industrial zones or the or the BOP or the residential, but That is roughly 4% of the land total land area of uh of the town. And and you could make this one and then have 4% someplace else if you wanted. Like for instance, if if it does get if the if the legislation does does get changed and transit middle housing has to be allowed in a residential zone, right, you could potentially run it along one of the main corridors. Uh though I did not do the math to figure

out what what percentage of the land area like Grassy Hill or Orange Center Road or Racebrook equals, but that visually for you, not very pretty, but that would be two districts north and south of the of the Boston Post. And our only gain if we were to do that and it was subsequently reviewed and approved by the state would be the ability to have a parking requirement for developments of less than 16 units.

Yes. Anything over on the Boston Post Road, for example, is going to have that already built in. the lesser of the one and two versus the parking needs assessment. So, and then the last change is to 383-227, which is just again the floor area um 900 to whatever the state building code as amended may provide. So, that concludes all the proposed changes for now. I know it's a lot. Thank you for your patience and thank you listening to me. Um,

so what what what is really top level? What is what is the impact of the of the law? top level right now is on residential. On the residential district at at the moment there is no change to a residential district in terms of uh requiring a more dense um development's

such as this 2 to9 unit transit middle housing uh or a mixeduse development. Uh but again the next step and and we have to wait on OPM to come up with um the h the affordable housing goal for every town and their guidelines for what a the u the housing plan should look like. The housing plan is supposed to uh do a lot of things. Inventory developable land. uh identify regulations or practices that are uh rest that restrict development and and how you can conform those to make it more accessible to development. So um could that impact the residential zones maybe but at the moment there is no specific um or let me what I have proposed is not touching the res the residential district.

So nothing that would that could require or allow someone to build a second dwelling unit.

No, that Yeah, I mean, if if if you were to go down the priority housing district, which we can, you know, if you want me to explore that and just present it to you how it might look, and that has to be at least 10% of the of the not the total land area, but the total developable land in town. that has changes to um that would impact the residential district and what type of housing would have to be developed. if you went down the transit a transit district that uh allows for like ADUs in specific instances. I know the town, you know, didn't go that route previously, but if you were to go with a transit district, um off the top of my head, if somebody owns a property for three years, has owned it for three years, and you adopt this district, they can automatically put like a you know, one of these accessessory units uh on the property. So that would that would be different than what this board previously wanted to do in that regard. So

I don't think we're ever mind to change. Well, we're not. But given the trajectory of legislation from Hartford, it is probable that these two separate unelected boards, OPM and the COGS, are going to create a requirement for individual towns to implement regulations that will allow a certain number of units to be created in the town.

Right.

Right. So, I mean the the carrot is there's it unlocks funding if you um have one of these plans and you start implementing the plan. the the stick is um if you don't implement a plan or if you implement a plan and then you don't implement it uh or if you don't adopt a plan and then you don't implement it, excuse me, um you can you can't apply for new moratoriums. So, Orange is currently in a moratorum um potentially eligible for a second moratorum depending on future projects coming in. Uh but that's like the high level um cause and effect or whatever you want to call it for the legislation. Yeah.

I'm just thinking about the major potential changes to the residential district. Right. So, you know, to the earlier point about a planner, I think that would be very wise. I mean, well, right now you're going to have basically daycare as of right, wherever you want to put it in a residential zone, right? As long as it's six to nine people or whatever those regulations are. Yeah, there is a cap on the number. I don't remember off the top of my head, but Okay. So, there's sighting limitations to it for like the the group home.

Yeah. Uh, okay. Yeah. Um, bear it might be in the definition itself. One second. That doesn't scare me that much. No, but I mean it's we're want I mean if if they can force this in every commercial zone, the next logical step is to do the same thing in the residential zone. Yeah. subject only to, you know, proving out the septic for the lot. No, it's

they're working us out of a job. All right. I'll make the change that Tom pointed out and then I mean you'll have to go through the regular process if you want to pursue this. Yeah. Well, we have I mean we we have to, right? I I mean we're we're uh what do you want to do? You want to take one more run through this on our own and then you know try to identify any other issues. Yeah. Uh and then but then you have to publish well with the exception of the last items discussed as optional right everything else has to be done right yeah we don't have much

so you know and if it's got to be done by June June 1st we have to next next meeting right as I get you know I presumed you guys wanted a traffic mitigation zone along the Boston post You can you can tell me what you want to do next, if anything. Well, I mean, realistically, who's not going to provide parking to a uh to a residence? Who's going to What developer doing a residential project is who's going to rent it? If you don't have a parking space,

right? Yeah. comment. Yeah. No, no, I'm just, you know, I mean, you know, yeah, we should we should uh he gave us a lot to chew on, right? So, so we have one more meeting in May. Yeah. 21st, I want to say. And what is it? 19. So theoretically at that meeting we could vote to send this to a public hearing. Right. Right. Yeah. And hold that hearing uh before July 1st. June 1st though I think is June. Yeah. Look, was it June?

But but what's the likelihood that you know if if you don't have something in place, it's just to the state standards, right? So, in the unlikely event one of these shows up on your desk before we've acted on it, you know, it's right. I mean, you don't have a CEO for 30 days, so right. Not much we can do about that. Yeah. Not sure how quickly any new application is going to get before you guys. All right. But we'll we'll continue this. We'll keep it open.

Sure. and you know uh we'll review the uh the last last few items we discussed the u okay and make a decision on that and the rest of it I think is is is in order so we could conceivably uh vote on it at the next meeting well especially the mandated parts uh but if it's a text change don't we have to notice it yeah we have to go through send it out and all the rest of that stuff. I don't see that happening before you get a new CEO, right? Oh, I can work with Jenny and Ann to get it properly noticed. That's

that's fun. It's not big deal. Okay. So, the earliest we could vote on this and vote to send it to a public hearing would be at at our next meeting. Yes. and it could be on the agenda for the for the following meeting. So we have today's what the the 5th. So it would be the 19th. So the 19th. All right. We'll we'll look to to vote on something on the 19th and have a public hearing on June. Is it too soon? Uh I'd have to I don't recall the number of days off top. Well,

I can work it out. I mean, that would be the fastest we could do it. I mean, it's Yeah. I I don't think there's any undue prejudice if it's end of June. I'm not aware of an application that's before the town or about to be submitted that would would invoke these. Would it make sense to uh to vote on this now? No.

No. I I'd like to transit. whether we want to go through all that uh you know you know kurluffle to for what gain on our side I not sure but I'd like to think about it till the next meeting that's yeah but I mean what I'm wondering is can we can we publish these give notice of the regs as is and then make would they be minor enough changes is at a subsequent hearing. You're talking about just the ones that are required.

Yeah. No, I'm talking about what there are several of them that are, you know, we have to figure out whether or not we want to adopt. Yeah. Well, what's the uh the standard? You can always do less than you post. You can't I probably don't have the the term to memorize correctly, but you can't like substantially change the zoning rag after it's been published. And so you can make tweaks, but so you end up, you know, like you couldn't you couldn't prohibit transit community uh development after publishing that allowing it. I'm not anxious to do that.

Yeah. No, we're not we're not ready to publish uh proposed amendments yet. Okay. It's I think we could take our time and be let's do it right and be fine. All right. Any other questions or discussions on this for tonight? All right, then that concludes our agenda. A very slow move to adjurnn. Motion to adjurnn. Do we have a second? Second. Second. All in favor? I. Okay. Very good. Thank you. Thank you, Owen. Thank you, sir.