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03/05/2018 02:58 PMBranford's Planning and Zoning Commission (PZC) is grappling with an application to extend the amount of time a site plan can be submitted, once a master plan is approved. The application is being brought by an attorney for a corporation with a parcel at the Exit 56 Planned Development District (PDD). A PDD is also known as a master plan.
As currently recommended, the PZC is being asked to change the town's existing site plan submission period from 24 months after PDD approval to three years, with the possibility of adding up to two one-year extensions, based on PZC review. The application, if approved, creates a potential total window of five years to submit a site plan once a PDD is approved. The current window for site plan submission is two years.
The application has received some staunch opposition from some of the same players who had opposed building a Costco warehouse store, gas station and six other commerical buildings on the 44-acre Exit 56 PDD. At the public hearing, some said the town's current window of 24 months to submit a site plan should remain in place to avoid developers "land banking" large PDD parcels. They also recommend that, should the PZC want to widen the site plan submission window, the language should be drafted by the PZC with input from the public; rather than have an applicant request and initiate language for the amended law.
The amendment to Section 5.4.D.3 of the town's zoning laws has been brought to the PZC by an attorney representing 595 Corporate Circle of Branford. The corporation owns a 16-acre parcel at 569 East Main St. in the Exit 56 PDD with another entity, Orchard Hill Partners. The 44-acre Exit 56 PDD is made up of three contiguous, separately owned parcels which include 569 East Main St., 573 East Main St. and 20 East Industrial Road.
The Exit 56 PDD was approved in 2015, but due to conflicts cited as part of the Inland Wetlands Commission site plan review, project leader Costco withdrew its site plan in 2016. The PDD's site plan window was set to expire in July 2017, but in that month, the PZC granted a 12-month extension for site plan submission to the PDD, based on application submitted by attorneys representing parcel owners.
More recently, the PZC approved a town-submitted application to amend the expiration window of PDDs for sites over 10 acres, giving such PDDs a life of five years.
The current amendment is being championed for 595 Corporate Circle by attorney Diane Whitney (Pullman & Comley). Many among the handful of residents who have come out to speak their mind about the application have complained to the PZC that they have arrived twice to the public hearing ready to discuss the lengthier time windows being publicized (most recently, up to a six-year cap); only to find the PZC had received a last-minute change from the applicant scaling the time window back.
Whitney submitted the changes to the application just ahead of the public hearing opening on Feb. 15, and also when it was continued on March 1. As of March 1, Whitney is now seeking a site plan submission window that matches the new five-year PDD life. In cases where the window was changed after the public hearing was publicized, PZC chair Chuck Andres has noted such changes are within the scope of the publicized discussion and therefore allowable.
Another question being raised by residents is whether the town should simply consolidate PDD and site plan regulations into one piece, rather than legislate by having two separate areas of zoning law.
Responding to that suggestion, Whitney told the PZC on March 1, "Many towns do consolidate their master plan and site plan requirements; and you may wish to do that. But that's much bigger project than I'm here for tonight. In the meantime, what we are simply asking for right now is based on your regulations as they are currently drafted, (so) we have a little more flexibility for site plan approval, which seems consistent with what other towns are allowing; and certainly consistent with your overall plan, because your overall PDD requirements are that construction be completed in five years; and what we're asking for doesn't change that at all."
At the opening of the public hearing on Feb. 15, the PZC also heard from at least three residents who supported the extension as being good for Branford's ability to develop its economic base and as a way to give developers some flexibility to react to changes in the market which could occur following a PDD's approval. Among those speaking in favor of the application on Feb. 15 was Branford's Economic Development Commission chairman, Perry Maresca.
On March 1, no additional residents gave input on seeing the application approved, and some of the small number who turned out to speak against the application requested the PZC to deny the application. Their consensus was that, if the PZC deemed an amendment feasible, it should begin again by drafting language that takes the town's best interest into consideration, with input from the public; rather than to frame a zoning amendment working from language submitted by an outside applicant.
Asking the PZC to deny the current application, resident Bill Horne said on March 1 the decision and language that would amend such zoning law should fall to the commission, if it believes it would be appropriate to elapse the strict requirement deadline for achieving approval of the site plan.
Horne asked the PZC, "... that you step back and you take responsibility for crafting something which appropriately balances the interest of the developer in having some flexibility in building their project, with the interests of the community in having this completed in a way that's fair to them, and completed in as timely a manner as possible."
On March 1, the PZC voted to close the public hearing; with chairman Andres also noting the PZC would not vote on the application that night. Andres then asked commissioners to review the submitted input with the intent of discussing the matter further at the next PZC meeting.
The next meeting of the PZC is set for Thurs. March 15, 7 p.m. at Canoe Brook Senior Center, 11 Cherry Hill Road.