Plan & Zoning - Regular Meeting

All set? Okay, thank you. Okay, good evening, ladies and gentlemen, and welcome to the June 16th, 2026 meeting of the Orange Town Planning and Zoning Commission. I am Commissioner Ozzie Parenti, and with us this evening, Tom Torrenti.

Paul Kaplan.

Jenny Bowser, Recording Secretary.

Jeremy Gustafson, Legal Counsel for the town. Kevin Cornell. Jamie Moore.

Steve Hotchkiss, Zoning Enforcement and the Wetlands.

All right, very good. Okay, first item of business on our agenda is a review of the minutes from the June 2nd, 2026 meeting.

I have a few things, Jenny. Okay. Page two, first line.

Okay.

Should probably put 14 foot by 20 foot. 14, okay, noted. In the third to last paragraph on page two, after discussion, I think you want the word ensued.

Discussion ensued. Oh, yes. Okay. Thank you.

And on the last page, second to last line, I think you want aye after Commissioner McGuire.

Oh, yes. Okay. Thank you.

That's my specialty.

I know. It really is.

That's it for me.

Thank you. Very good. I have no comments.

Oh. So, page two, third full paragraph starting, the homeowner submitted a statement of use. Okay. Go down to the next... line it goes the rosemans have also submitted a survey and it says that combines 512 and 504 kananga trail um i the survey shows the two lots comma 512 and 504 kananga trail we don't know if they've been combined as of yet

Okay, so submitted a survey that shows 512 and Fort Worth.

The two lots, comma, 512, right? Okay. Both owned by the homeowner, comma, you know, and it's... What are you going to do with the last line there? Well, so basically, both of the lots are owned by the homeowner and occupied as one parcel.

And occupied is one person.

And then everything works.

And together they meet the setbacks and the bulk requirements?

Yeah, combined they meet the setbacks and bulk area requirements for lock coverage.

Okay, so combined? Yeah.

Oh, you have together, that's... Yeah, together is fine.

Together is fine? Okay. Okay, thank you.

All right, and then next paragraph. Chairman Parente asks why if the zoning department considers this one parcel, there is a, and it's actually a property line shown between 512 and 504. It would make sense for there to be the lot line showed because there are two lots.

Okay. Where were you at, Kevin?

The next paragraph was what the issue was is that in addition to showing the two parcel lines, there's a created property line, which is what led to all the questions or confusion as to is this one lot, is it two lot, why is this intermediate line, and why don't all of the measurements go to you know, the lot lines. Right. So that's what it never would have been. Yeah, that's what led to the whole question as to whether or not the lot, yeah. Okay.

So those are the only comments I have.

Thank you.

Anybody else? All right. Then a motion to approve.

So moved.

Do we have a second? As amended, do we have a second? Second. Thank you. Next item on the agenda, old business. Does anyone have anything they want to bring up under that topic? Nope, no. All right, I can't think of anything. We're working on the publication for the proposed amendments dealing with the state housing bill.

Correct, yes. So that will be on for next month's meeting, July 7th.

Okay. I can't think of anything else we have under old business. All right, then new business. All right. Report of the zoning enforcement officer, item number four.

We had a meeting, multiple of the departments within town, with the representatives of Big Y late last week, so we should be expecting an application in from them. Hopefully, they'll be on.

At the old Christmas tree shop?

Correct, yes, at 220 Indian River Road. They're proposing some facade changes and some minor site plan adjustments to fit their needs. Nothing too extensive, so we should see that. In August, I believe. Yeah, agreed. Did get the letter that comes in for the annual Odyssey Festival, so I was going to ask how we like to proceed with those.

Well, on the Odyssey, usually somebody from the church...

Bob Weway.

Bob Weway.

Either Bob or I thought sometimes the father, the big guy comes down.

I think over the past couple years, it's been Bob. But usually he comes to explain what, if any, changes are going to be made this year. Make sure the insurance, make sure the police... And make sure the police, the town sanitarian have had a look at things.

Tell us about the parking.

Yeah. So we should get that, you know, we'll get that on our agenda for... Right, that's the first weekend.

September? Yes, correct. So July 7th, if they're available.

That's fine. It could be later, but we only have one meeting in July. Yes. Right. And that's the earlier meeting, the first. Okay. Okay. Yeah, so that's what we usually do with Odyssey. I mean, you were asking me before about smaller projects.

Yeah, so there's a... Smaller events. Not a festival, but a special event is what I would have called them in my former position, where it's a single-day event for several hours, sort of a fundraiser-type deal. Some food trucks. There's a couple other elements. Some live music. This would be at the pickle spot on the post road.

That's orange?

It is.

Oh, wow. Okay. Across the street from the old, I forget the name of it. Ocean State. Ocean State used to be there. Comp USA. Oh.

Comp USA. I thought it was a little.

What's that little place called, that little sandwich shop on... Pickleball. No, never mind. Goodbye.

That was a good call, J. Comp USA.

Now, it's across the street from Rone Physical Therapy.

Oh, yeah. No, that's orange.

Yeah. All right. So, I don't know. What do we... What's our usual... Hours. I mean, is this something that we need to... Needs to come to our attention or... I don't recall other similar applications. Is there anybody else?

No, like Rotary, the lobster pest doesn't come to us or anything like that.

I think you can review those administratively, you know, and I guess the high points are, you know, making sure the town sanitarian is signed off on it and they have an insurance certificate. And I guess police and fire.

Okay.

Right? Yeah, sure. and whoever else you think might have some input on it, but I don't think we usually give our input on it, you know, as long as those people signed off. Okay.

All right, very good. The last thing I had to report was we did get a bond in for Great River and the project going on there, There's a gazebo being put up, some other site work improvements to improve on the country club. Okay. All right. Anything else? Anything? That's it for me.

Anything else for Steven then?

Any questions?

All right. All right. Next item on our agenda, item number five, is a bond release request submitted by Rajat Gupta. This is for 449 Boston Post Road, and it's a request for full release of cash and surety bonds for the site improvements.

Any... All the department heads sign off on it?

On which?

On the bond release.

So we had the inspections reports were done, completed. Everything was okay with that.

Okay.

How does that...

The request for bomb release, I probably should know the answer to this question, but how does it get to you? I mean, who does it go to first? Does it come into the town engineer, the building department, and then circulate it, you know?

I don't know at this point. This was here, you know, when I started. It was on his desk.

It actually came in through Bob Brinton, the town engineer.

Yeah.

And then just kind of worked through to make sure that everything was completed.

All right. But there's a piece of paper the department heads sign off on.

Yes.

Saying it's okay to release the bond.

Mm-hmm.

All right. And we have that. Yes. All right. And I guess we need a motion to approve.

Move to approve the release of the bond on 449... 449 Boston Post Road.

All right. Do we have a second?

Second.

Okay, we have a motion to release the bonds. It's been seconded. Any further discussion? All right. All those in favor? Aye. Okay. All right. One of the reasons why town council's here tonight is to review with us a couple of 8- you know, Connecticut General Statutes 8-24 referral for municipal improvement referral. Jeremy, you want to tell us about?

Yes. So there are two properties at issue for these 8-24 referrals, 990 Orange Center Road and Diana Street map lock, sorry, map lock lot unit number 43-5-12. Both property owners approached the town to see if the town is interested in accepting both parcels as donations. The first parcel, 990 Orange Center Road, is currently owned by the DeCipio. Anita restated surviving trust and is an undeveloped parcel of land consisting of approximately 0.92 acres. This parcel is valued at $231,500 during the last revalve. The second parcel on Diana Street is currently owned by the estate of Irene Stahl, and it is also an undeveloped parcel of land consisting of approximately 0.19 acres. I will note a lot of the properties on that street are quite small so that it's not out of the ordinary on that one street. That parcel was valued at at about $3,800 during the last reval. And on behalf of Owen Weaver and the Board of Selectmen, we've referred it to the Planning and Zoning Commission for comments and on both possible donations.

Any questions? Any comments? Doesn't seem objectionable to me in any way.

No. The parcel on Orange Center Road is next to the reservoir that feeds the wheat block. Oh, so it's never going to be. No perk, yeah. Okay.

All right, then, if that's no questions for Jeremy, then a motion to approve or give a favorable... Make a positive referral. A positive, favorable referral under 8-24.

And I would just advise that the Commission or the Planning and Zoning Commission should also make the finding that if they still want to, that these donations are in compliance with the town's POCD.

I'll move that we have a favorable finding for the 8-24 referral for both the 990 Orange Center Road, Matt Blocking Lot 89-2-5 and Diana Street, Matt Blocking Lot 43-5-12, in that they are donations and that they meet with the POCD requirements or suggestions.

We have a motion. I just wanted to look at the statute for a second. Yeah, it just, the municipality can't proceed with it. until the proposal to take such action has been referred to the Commission for a report. It's kind of vague.

Yeah, that's our report. Yeah.

All right, so we have a motion to approve the... or give a favorable reaction to the plan. Do we have a second?

Second.

Okay, it's been seconded. All those in favor? Aye. Aye. All right, very good. Next items on our agenda are the public hearings. The first one is a holdover, a continuation from the June 2nd meeting. This is the application for the conversion of the single-family dwelling to accommodate an elderly apartment. It's submitted by Jason and Daniela Roseman, and it's at the 512 Canuga Trail. and to construct an addition to accommodate an in-law apartment. Is the applicant here? Would you please come to the podium? If you would just introduce yourself.

My name is Jason Roseman. I own 512 Canoga Trail. Okay.

I think where we were last meeting, was that we understand that you own two contiguous lots that hadn't been merged of record. And it was a little confusing because some of the measurements from structures on the property to the lot lines, some were measured to the line dividing the lots, and some were measured to the outside of the property. I think what we were looking for is a revised map and to know that that map, you know, the proper action had been taken to merge those parcels and a new map was, you know, filed in the town hall, in the town clerk's office. So has that...

So I got an email saying that there was a Mylar copy revised survey for the 512 Canuga Trail. is recorded at the town clerk's office, and they said they were informing the zoning of the new recorded survey.

Do you happen to have a copy, sir?

I don't have it with me. They said this was all taken care of last week, I think.

So I can confirm that it is on records, this new survey, as of June 5th, not without the property lines and lot lines shown. Do you have it on your screen? I do have it on my screen. Would you like to see? Do you mind? Not at all.

I just, you know. I'm just looking. I'm not saying anything. Did you feel my eyes? Paul, Paul.

I mean, there's an interaction that needs to be taken as part of the party.

I actually feel your dad's eyes. I mean, is there a deed?

saying the purpose of this deed is to clarify. Yeah.

Blah, blah, blah, blah, blah are being combined in a mylar role.

And a mylar is being filed simultaneously herewith, you know, for clarification.

Or the new description in that deed might refer Right, but I don't know... The new map on file.

But I... You go ahead. Okay, so the new map on file shows the combined parcels and the combined acreage. And if we just note that change to the application, you know, if the owner says, you know, I'd like to amend the paper portion of the application where he references the 32,000 instead of the 62,000 square feet, then all the numbers work.

Yeah, I mean, we were satisfied with that last week.

But if anyone else wants to see it, all the confusion of the... lot lines and that interim property line are gone now. And everything's measured to the outside of the larger parcel. Yeah, that... Okay, so...

I have no reason to think that this is fine for me.

Yeah. Okay. Well, our guy just found it in the... Yeah. No, no.

I'm sure it's recorded. The only issue, and I don't know the answer to that, is whether or not, as a town, it requires anything additionally other than...

So if that's what came in to begin with, none of the rest of our conversation would have happened.

Correct. No, I'm prepared to go forward with it. I would think that at least we may want to run it by town council, you know, behind the scenes to see what we need in the future to combine lots. Yeah, I mean... Contiguous lots just like it is right now, what do we need? But filing a MILR... Would be part of it. Yes.

And now the town, you would think, although this gentleman could tell us that the town, not the town clerk, the assessor is going to modify their stuff in due course to reflect a single... With one tax bill. With one tax bill.

But that's why we were suggesting that the applicant... Do a deed. Get counsel. Yeah, that's true, too. And do this the way it's supposed to be done in the town of Orange.

It sounds like you got... Who sent you that? The surveyor. The surveyor?

And they filed it. Right. And there are stamps on it.

Yeah, no, I mean, it's a step in the right direction, no doubt. But all I'm getting at is, you know, we want there to be some permanency.

So wouldn't that be the tax assessor's job to ask for supplemental information if they feel they need it?

One is clarification on the land records, and I'm not sure if that somehow diminishes the efficacy of my law. I can't believe it does. I just think it's very confusing right now without that deed. But that's me. I think that would be a question for you to come back to us with when you get a chance.

Yes. The one thing I will comment now is I do know that what the assessor considers as being merged versus zoning doesn't necessarily always line up. So just because one is saying, something in the other agency is saying something else doesn't mean that it's settled, so we will definitely come back and provide more guidance. But... Sorry.

No, I'm not... Oh, okay, I thought you were... No, I'm looking for information.

I have that kind of face. So that's at least the initial advice I could give to the Commission right now is that one may or may not affect the other, but I can definitely report back with... additional steps the Commission may want to consider.

Well, I think that prospectively, having just a little, you know, in the CEO's file, here are the steps you want to take to make sure everything's done right. Prospectively would be a good thing to have.

I think I just want to...

before he comes and gets me. I think we could just get a statement as part of, if we are going to approve this, that the homeowner is willing to do a deed if required by the town council. Okay. I'd be comfortable with that.

Would you be... Yeah, whatever I need to do.

Yeah, I mean, it should be done correctly.

I just don't know what correctly is.

Right, but it's not up to us to give legal advice.

Right.

You know, I mean, the applicant should...

I think we should know what to do, though.

Well, we did recognize the issue. I mean, you know, there's no question that the application wouldn't meet the requirements if these lots weren't merged. So, you know, we're giving, we're prepared to give our approval with the understanding that these are legally merged into one lot. And with that, I'm prepared to go ahead with it.

With the applicant's understanding that if the town council requires any additional action, that they're prepared to take it. Right.

And it's nothing substantive.

And in fact, should you ever want to sell it in the future, having a very clear title, you know, you don't want to confuse attorneys. They turn into...

Troubles.

I didn't... Yeah, we really should have had, you know, hard copies of that map. But what was I going to ask? About the height. We asked about the height requirement.

But the... The plans show a single-story addition, and there's a two-story house, so... So this is not going to... Right. Okay.

All right. All right. Do we have any other questions, then, for the applicant?

Nope.

Okay, thank you.

Thank you.

Is there any information you think we need from... other municipal department heads, for example, such that we should leave the hearing open at this point, or should we close the public hearing?

I'm comfortable in closing the public hearing at this point in time. Okay. You know, I think the question that we pose to town council is more of a I don't know, more instructive than anything else, but I believe that those lots are merged based upon what I've seen.

Okay. Is there any comment from the public regarding this application? Okay. Then let's have a motion to close the public hearing. Second. It's been seconded. I think Jay on that one. Okay. Jay, you got it. All right. We have a motion to close the public hearing. It's been seconded. All those in favor? Aye. Aye. Okay.

I think that we generally find that these... We have found that the conversions to allow for an elderly apartment are in keeping with the plan of conservation and development, that they allow, you know, people to take care of their families and supporting the families is certainly part of our goal here.

Right.

That sounds like a motion.

Yeah. I agree with that, and there's no question that all the requirements of the special standards have all been met with respect to site yard setbacks and lot density and height, et cetera, et cetera. So, yeah, I mean, it's been our... It's been customary for us to encourage this type of application, seniors in town another option, you know, that allows them to continue to live in town after they sell off their, you know, their property that they may have owned for years, you know.

Okay. I would like to make a motion to approve the application for the conversion of a single-family dwelling to accommodate an elderly apartment for a property known as 512 Canuga Trail, subject to the owner, you know, what is the correct...

Satisfying any requirements.

Yeah, satisfying any filing requirements that the town council might have with respect to making the merger, the lot merger legal. Yep. and traceable on the land records.

Second.

Okay, we have a motion to approve the application subject to the exception that Kevin noted. It's been seconded. All those in favor? Aye. Aye. Okay, very good. All right, so then two other applications. two other petitions. I guess we'll hear these simultaneously. Kevin, do you want to start us off by reading the legal notice? The one I just put away?

No, thank you. Notice is hereby given that on Tuesday, June 16th at 7 p.m. at the Orange Town Hall, 617 Orange Center Road, the Orange Town Hall Plan and Zoning Commission will conduct a public hearing on the following. Petition to amend the Orange Zoning Regulations submitted by Aspire Living and Learning, Inc. to amend Article 11B of the Orange Zoning Regulations regarding special uses in the Office Park District. And application for a special permit exception permit of use submitted by Aspire Living and Learning, Inc. for a property known as 584 Derby Milford Road to establish a nonprofit school serving students and adults who have emotional, intellectual, and developmental disabilities within the existing building. A waiver of the site plan and architectural design plan has been requested. A copy of this notice has been filed with the Orange Town Clerk. Additional information is on file in the Orange Zoning Department, dated Orange, Connecticut, This fifth day of June, 2026. Okay, thank you, Kevin.

All right, is the applicant present?

Yes, sir. Just a question on... We should process them and resolve them one at a time, though?

Yeah, that's what I was... Okay. I think that's probably the way you'd like to do it as well, right? I mean, we... It only makes sense that we consider the amendment to the regulations first and then the special use permit application second.

Correct. And good evening, Mr. Chairman and Commission members. Joe Williams, partner with Shipman & Goodwin, 265 Church Street in New Haven. I was going to suggest exactly that. You can hear them together. There's no problem with that. And then we would ask you to vote first on the text amendment and then the special permit. So... I'm proud to be with you again on behalf of Aspire Living and Learning, Inc. With me are John Sullivan, whom you met last time, the Director of Facilities with Aspire, which is the applicant and contract purchaser for the property, along with George Sinody and Lou Anino from the University of New Haven, which is the property owner. As you know, we appeared at your May 19th meeting and requested your concurrence that Aspire's proposed use of 584 Derby Milford Road could be considered permitted within the existing special permit for UNH. You asked that we file a text amendment on special permit applications, and we have done so. John spoke last time about ASPIRE. His testimony is incorporated into the submittal letter that I gave you, so we won't repeat it because you have that and you heard him last time, but he's happy to answer questions if needed. The site, I'm sure, is familiar to all the commission members. It's the former Hubbell Headquarters campus, about 47 acres, and it is zoned Office Park District. In 2013, this commission granted UNH a special permit to convert the property into its graduate school campus, and UNH operated its business school programs there for more than 10 years. UNH has now decided to move its business school programs back to the main campus in West Haven and sell the property. And it has a contract, as I said, with Aspire to do so. As for the use, we gave you a thorough description in the letter of Aspire and what they do. In short, it's important work in educating and training young people with intellectual and developmental disabilities and empowering them to lead independent lives. And they do this work in five states. Aspire wants to use the existing campus as its lead special education school in Connecticut for grades kindergarten through 12th grade, and it will also offer training and educational programs for young adults, mostly in their late teens and early 20s, who are transitioning from school to living on their own, and the campus would include offices for that program as well. So to the text amendment, we asked you to add a special permit use in the Office Park District in Section 383-96.11 for nonprofit schools serving students and adults who have emotional, intellectual, and developmental disabilities. And my letter explains to you how we believe that amendment is consistent with your overall zoning scheme in orange. The OPD zone, of course, already allows school use, both in subsections F and G. The property has been zoned OPD for many years. The property has operated as a school use under an approved special permit since 2013. And, of course, your regulations also allow nonprofit schools in the residence district, which is the vast majority of the town. The amendment is of limited reach because, as far as I know, the property we're talking about is the only property in Orange that's zoned Office Park District. And the amendment would enable a productive reuse of this property. There are not a lot of likely users for this type of campus today, certainly not as a suburban corporate office park. And as we described in my letter, the amendment is consistent with your plan of conservation and development. We gave you some citations and quotes to those provisions at page four of my letter. So as I said, we would ask you to act on the text amendment first. and then to the special permit. Assuming that the Commission approves the text amendment, we're requesting a special permit under that new use category to allow Aspire's use as described. The property and the existing buildings are really perfectly suited for Aspire's use, so much so that Aspire believes it can use the property without any site work or changing any footprints or exterior of any of the buildings or building anything on site. Like UNH found, the site is already set up for a school use, really, in the campus format. So Aspire will only need to make interior building renovations, is the plan. And so because no site work or construction work on the exterior is proposed that would require a site plan, we've made the specific request to you that you waive the typical site plan information and materials that need to be submitted. And last, the use will have no adverse impacts on neighboring properties. As I said, there's no exterior construction. The lighting is not changing. All utilities and infrastructure are adequate and in place. And we believe traffic will be comparable to UNH. It's a daytime use. The students will be brought to and from the school in groups by minivan, not by large buses. So not really an impactful situation in terms of the drop off and pick up. And we don't expect materially different traffic impacts to the surrounding roadways compared to UNH's use of the property. So in short, and in sum, we believe the use is well-suited for the property and it complies with the zoning regulations. So we respectfully request your approval. Okay, thank you.

Thank you. Do we have any questions for the applicant?

I thought you were.

I think you said something. This is just the face I have.

He did say that earlier.

We get confused.

I mean, I have no problem with the language of the proposed... Huh?

No, go ahead.

No, it's what we were looking for, and I think it's, you know, it works. You know, it doesn't allow, I guess, it doesn't allow any kind of school, but I don't think we want that. We want to, if somebody wants it... No, narrowly tailored is fine.

Yeah. Just like the prior language for the graduate education was fine.

So I'm comfortable with the proposed language. All right, so how... Well, we close the public hearing. Well, are we going to close the public hearing? Aren't we going to have to?

As to everything. I would first advise to see if there's any public comments from, and then I would close both public, I would say close the text amendment, vote on that.

And then close the public hearing as it relates to the special use. All right, let's do that. That's what I was wrestling with there. All right, so then does anyone in the audience have any comment that they'd like to make regarding this application? Okay, none. All right, then let's have a motion to close the public hearing as it relates to both petitions. No.

No? Well, I would advise for steering the text amendment.

Right. Yeah. So I'll move that we close the public hearing with regard to the text amendment submitted by Aspire Living and Learning.

All right.

Second.

Second. All those in favor? Aye. Okay. So the public hearing is closed as it relates to the text amendment. Okay.

Yeah, I mean, it's narrowly tailored language to achieve the, you know, the limited purpose of a specific type of school, you know, to help disabled people.

Yeah. Thank you. I would... And I would adopt Attorney Williams... May 29th letter? Yeah, specifically as it relates to... The findings? No, specifically as it relates to our plan of conservation and development and the consistency of the application therewith. So, all right. So, I guess we put that first one to a vote then.

Well, yeah, so I'll move that we approve the petition to amend the Orange Zoning Regulation submitted by Aspire Living and Learning to amend Article... 11B of the Orange Zoning Regulations regarding special uses in the office park, incorporating Attorney Joseph Williams' May 29th, 2026 letter with specificity regarding the reference to our plan of conservation development that he finds, and I think we should find, that it's consistent with it.

Yeah, did you say 383-9611?

I do not know if I said that, but I do say it now.

We're adding subsection H exactly as indicated in the application. My motion is so amended.

All right. I would also advise the Commission to set an effective date for this proposed text or amendment, which is required under A-3 in order for a for a text amendment to be effective or adopted. It needs to be recorded with the town clerk and also published in the newspaper. What kind of time frame am I looking at? I would advise the commission or the commission asks Jenny to provide her feedback.

I would say maybe June 26th for the effective date.

Okay.

I amend my motion to occlude effective date on June 26, 2026. All right, then.

We have a motion to approve the petition. Do we have a second?

Second.

It's been seconded. All those in favor? All right. All right. The next thing, I think, is to act on the... Well... On the special use permit, special exception permit or use... The Commission would... Close the public hearing.

...advise to offer any more comments if necessary, but if not, then close it.

Any further comment from the public regarding the petition for the special exception permit or use? None. Okay.

I move that we close the public hearing.

Yes. We have a motion to close the public hearing.

A second? Can I ask a quick question before we close the public hearing? Yeah. Would there be any sort of notice requirement to the abutters for a special permit application?

Not that I am aware of. We could ask the applicants if they did provide notice.

Before we close, I would ask.

There is a list of...

Yes, there is a list.

There is a list because the application form says give us a list, I scoured the regulations backwards and forwards. I discussed it with Steve, and my understanding is there's no requirement to send a mailing.

Okay. Agreed. I didn't see anything in the ordinances or regulations saying that that had to be completed.

You know, we've gone down this road before about whether someone's got to be notified or not notified.

Yeah, I just wanted to make sure while the... Only if the regulations require it.

The statute only requires newspaper. Well, you probably know that.

Not actual, but not like certified mail. Yeah. All right. Thank you, sir.

So that's the... All right, so we also need to act on the waiver request, the waiver as it relates to site plans, architectural plans.

I don't think the second person didn't make the motion to close the public hearing. Was there a second person?

No, we're still discussing in case they need to respond.

Okay, sorry.

Okay. I mean, I have nothing to add. Again, as far as the special use is concerned, I mean, again, I would adopt the applicant's findings or suggestions as to consistency with the plan of conservation and development. And also, their... Request for a waiver? Well, that, and, you know, their... compliance with the general requirements of the special use permit. You know, I think that this is, as they point out, this use is in harmony with other uses in that locality. It's not going to present any particular traffic problem. There's no traffic implications, safety considerations. Certainly less traffic than an office use.

Right.

So I think, you know, the application also, you know, meets the general special use permit requirements.

So with respect to the waiver, if there's no external changes, I think we should grant that.

Okay. And also, they're also requesting a waiver soil erosion and sediment control plan. If you're not digging the dirt. Right. So that's included in their application. We ought to act on that. I guess we should have a separate motion on that.

Sorry, just a procedural question. So we're going to vote on a regulation that's that's allowed under a regulation that doesn't exist until the 26th.

So, for providing context, again, I think for, or I would recommend that the Commission ask Jenny to provide her feedback on dates for effective dates, given that we are hopefully going to have the text amendment published in the newspaper by the 26th. Giving the commission a week of leeway to have the effective date of the special permit would ensure that there's no issues of the... you know, special permit coming in before the text amendment happens.

So we will... So you're saying that the effective date on the special use should be the same? Or I would say give a week or so.

So maybe like July 8th. So it gives us about, you know, like a week and a half.

And partially for reasons, or, you know, it's up to the commission, but just remember with the 4th of July weekend, people being out, if there's issues with newspaper... Mm-hmm. some points to consider. So that's how procedurally it would work.

Now, procedurally, when we're dealing with the larger text amendments that were brought on by the state legislature's impact on all the residential regulations, didn't we have to notice that Or wasn't there some timeframe associated with getting feedback from the regional?

So that is a different structure. The General Assembly required, under that public act, refer those specific regulations to SCROG or to the Council of Governments. This doesn't fall into the Public Act.

Good. Okay.

All right.

So the point is the effective date for the special use permit is going to come after. I'm going to say July 8th.

July 8th. So it's about a week and a half after.

All right. And that would be also within the motion. Okay.

All right, so I guess at this point we can close the public hearing. I had already moved for that. We need a second. All right. There's been a motion made to close the public hearing. Do we have a second? Second. It's been seconded. All those in favor? Aye. Okay. All right, is someone prepared then to move that we accept or approve the application for special exception permit or use, including approving the requested waivers of site plan and architectural plan and soil and sediment. Boy, you said it pretty good. Yeah. Pursuant to 383, 133B, C...