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12/05/2019 11:00 PMOn Nov. 21, the last day of an extension granted by the applicant for a decision, Branford's Planning and Zoning Commission (PZC) voted 3-2 to approve the latest Parkside Village I site plan modification. The approval includes allowing for a reconfiguration and relocation of a required emergency vehicle pullover area at the rear of the property, but still leaves a question about whether the Town will grant permission for emergency vehicle operation access over adjacent pavement, which is owned by the Town.
The September 2019 application was the latest to be submitted in by Beacon Communities Development LLC, working with Parkside property owner Branford Housing Authority (BHA). The application sought to modify conditions, in particular those addressing emergency vehicle pullover/operation areas, to the Parkside Village I redevelopment plan approved by the PZC in June 2019.
The plan approved in June 2019 calls for knocking down the current three-building 40-unit senior and disabled adult assisted living development and replacing it with a 67-unit development, constructed in a single building at 115 South Montowese St., under the state's affordable housing act statutes (CGS 8-30 g).
On Nov. 21, Town Planner Harry Smith, with some input from town attorney Danielle Bercury, took the PZC through a multi-page resolution prepared for the night's vote, including a condition that would call for a legally binding agreement between the town and the applicant relating to use of the area that is town property.
The entire discussion was videotaped by BCTV and be viewed at www.branfordtv.org
Ahead of the vote, PZC chairman Chuck Andres gave his take on the condition in the resolution requiring the applicant to get consent from the Town for access. He also noted that the applicant's concerns about the Town turning down such a request, saying the concern tied back to the Representative Town Meeting's (RTM) July 2018 vote to deny Beacon's request, at that time, to be given access over a proposed extension of Melrose Avenue.
"To me, this is substantially different," said Andres, "That [Melrose Avenue extension] involved new access across an open field. This is simply asking to use existing pavement. But even if it were denied [by the Town] I think this is still a necessary condition, because there's a serious question of whether the applicant even had standing to apply for this particular application when it depends on using land that they don't own for emergency access. If there were a normal application...I think that would be grounds for denial."
As Andres pointed out, however, this application is constrained by 8-30g.
"But I think we all know, under 8-30g, if there is a substantial public interest that can be addressed by reasonable conditions, we're obligated to do so," he continued. "So I think we can't just deny it. I think we have the obligation to impose a condition that would allow them to fulfill their project. And in this case, it's getting consent of the Town for use of that existing paved area."
Following their discussion, the PZC voted 3-2 to adopt the resolution and attachments with the changes described by Smith on Nov. 21. Voting in favor were Andres and commissioners John Lust and Joe Vaiuso. Voting against the motion were commissioner Marci Palluzzi and alternate Fred Russo. Russo was seated for commissioner Joe Chadwick, who recused himself from the vote.