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RECEIVED STAFFORD. CTTown of Stafford

Planning & Zoning Commission lOlh HAR III A g: 0'1Special Meeting March 8, 2016 ;;;,--// -- "> 7:00 p.m. - Stafford Community Center fJ..aU~:Lfi;-----3 Buckley Highway ,!J TOW~~ CLERK

Stafford Springs, CT 06076

Members Present: Nancy Ravetto Roger Pelizari Kathy Bachiochi Gene Julian Doug Fassett, Alternate

Also Present: David Palmberg, ZEO Dr. Donald Poland, CT Planning Development, LLC Leonard Clark, Alternate Public

PUBLIC HEARING (continued from 2/23116)

Proposed Zoning Regulation amendment to create a Village Overlay District: 1) Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.) and 2) Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.)

Proposed Zoning Map amendment to create a Village Overlay District: Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.) and Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.)

Nancy Ravetto, Chair, opened the continued Public Hearing at 7:02 at the Stafford Community Center. Regular members present were Nancy Ravetto, Chair; Gene Julian, Kathy Bachiochi, and Roger Pelizari. She seated Doug Fassett for Ron Houle. She provided the public with an overview of the format for the Public Hearing, then introduced Dr. Donald Poland, a land use planning consultant, who had assisted the PZC with the development of the proposed regulation.

Don Poland provided a brief overview of his work on the overlay zone. The work started last fall when the PZC began exploring the idea and how to approach it. The proposed regulation will provide an added level of attention and protection of architectural design primarily for

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commercial development in the two districts proposed. The regulation would apply to any development that would require either a site plan or Special Use Permit, which would exclude most residential properties.

The approach provides the PZC with a higher level of review, allowing them to consider the architectural aspects of a proposed development. Don Poland said Planning & Zoning Commissions usually cannot regulate design to the extent that historical districts can. Village District legislation gives PZCs the ability to consider architectural design, provided they establish either a Design Review Committee or hire a consultant to help with reviews. To have a Design Review Committee, that body would need to maintain on its board a licensed architect, licensed landscaper, or licensed engineer. Due to the small nature of the Stafford community, Dr. Poland recommended that the PZC opt for going with a consultant licensed in at least one of these three areas. If a Special Use Permit application or site plan came before the PZC in an overlay district, the PZC could include a design review under these conditions.

Don Poland said in recognition that this higher level of architectural and site review will impose higher costs on the applicant, they built in some incentives for developers by relaxing some bulk and area and parking requirements. By complying with this higher level, they will be given more flexibility in design-an economic incentive that can help offset the additional burdens on the applicant.

Don Poland said the language in the proposed regulation is permissive, rather than directive. The applicant must demonstrate an intent to satisfy the expectations of the Commission in site and building design and, if they cannot meet the expectations, they must demonstrate why they cannot.

Don Poland addressed questions that were raised by the public in the February 23,2016 public hearing. One resident had asked why the Commission had not established a specific fee schedule regarding the hiring of a consultant. Don Poland said they could have set a schedule at the discretion of the PZC but they felt it would be better to establish a fee based on the cost of the review. Because the types of applications that may come before the Commission will differ in size and scope, the costs will also differ. By hiring a consultant, that person or firm would be on­call to perform reviews. Don Poland said he recommends that the PZC issue RFPs (Requests for Proposals) and then negotiate for and select a basic fee structure. This should be fairly simple to administer at no cost to the community. Nancy Ravetto said they could then make a list of approved consultants for developers to select from.

Another question raised in the February 23,2016 public hearing was that there were some historic properties that were not included in the Stafford Hollow Village District Overlay that ought to be included. There was a question if these properties could be added. Don Poland said that because these properties are all residential properties, it is unlikely that any work done on them would rise to the level of needing a Special Use Permit or site plan, so most likely the regulation would not apply. However, due to the notification requirements involved in a Public Hearing, the Commission could not modify the boundaries of an open application. If they wanted to modify the boundaries, they would have to either withdraw the application, modify it, and then send out another set of notifications or they could approve the overlay district as it is presently

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proposed and then come back later and add the additional properties. By doing the latter, they would have a much smaller notification list to send out. Don Poland recommended that when the PZC votes on a decision, that they first vote on the text amendment, and then on the map for each district separately. This will result in a cleaner record.

Don Poland noted that by approving an overlay district, the PZC would have the ability to consider using this concept in other areas in town if they chose to do so later.

Another question raised at the February 23 public hearing was whether this proposed regulation would have an impact on the solar regulations, which were adopted last August. Don Poland said this regulation would have no impact on them as it is an overlay and so all underlying regulations would continue to stand.

A question had also been raised about whether an overlay district would result in tax increases on properties that fall in the districts. David Palmberg had asked that question of the tax assessor, and his answer was, "no." Don Poland concurred.

During the February meeting, Leonard Clark had recommended that the Commission put stronger language in the proposed regulation to require rather than suggest design standards. Leonard Clark said his concern is that the way the regulation is written, they have nothing to enforce, and if a corporation does not want to budge from their design, there is nothing the Commission can do about it. Don Poland explained that PZCs do not have the legal authority to regulate design to the level of historical districts. With a historical district, at least 70 percent of the residents who fall within the district must vote in favor of forming the district and they determine what is allowed with regard to design. Village Districts, however, allow Commissions to consider aesthetics in a more flexible way, without doing harm to existing property owners. Additionally, by providing incentives that give the developer more density, developers are encouraged to better meet the expectations of the Commission.

Leonard Clark said he feels the existing regulations in town are inadequate. Don Poland agreed, but added that under zoning law, the Commission cannot regulate colors and architectural designs. This is a First Amendment-free speech---issue. Aspects such as colors are expressive and therefore a form of speech. He used the example of Gothic design-saying one person might like the look, while another might not. It is a subjective issue and PZCs don't have the authority to venture into that area. He said the reason courts allow historical districts to be more restrictive is because the restrictions are self-imposed. The restrictions require at least 70 percent of the property owners to approve.

Leonard Clark read portions of the design regulations in Lake Placid, New York, which do impose restrictions on design. Don Poland explained that just because that town adopted that regulation does not mean it is legal. He used the example of many towns attempting to regulate signage to degrees that are not legal. David Palmberg cited the decision in the MacKenzie case (in Monroe, CT) which addresses design issues. Don Poland said he was sympathetic to Leonard Clark's concerns, but that legally, to get to that level of standards he is looking for, they would have to establish a historic district.

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Gene Julian asked under their existing architectural regulations, if they denied a developer, could their decision be overturned in court? Don Poland said it has been over a year since he read their regulations, but he recalled having had some concerns. Ifthere is a requirement on colors, they would lose. Nancy Ravetto said they do ask for muted tones with regard to colors, and most developers have been amenable to their requests. Don Poland said, in general, developers want to follow a path ofleast resistance. Gene Julian noted that they have learned from Don Poland that typically before developers even make their interest in a town known to officials, they have already done a lot of homework on their regulations. Don Poland agreed. He said developers don't want to be denied, so if they feel they can work with a town they will come forward. He said a Commission cannot regulate for every possible scenario. If they try to do so, they may cut themselves out of opportunities.

Nancy Ravetto said she likes the non-binding, pre-meeting piece of this regulation as it opens up the lines of communication and helps get everyone on the same page to work together from the start. Don Poland said developers like to know what to expect up front and feel they have come to a community they can work with. He said Stafford has a lot of small sites that are hard to work so offering bulk and area flexibility incentives may be attractive to developers.

Gene Julian said he feels it is important to address some residents' hesitancy to place additional development regulations on properties in town. He said this process started about 18 months ago as a bi-partisan effort. He said it is crucial that zoning regulations be a constantly changing and adapting document as life is always changing. Two good examples, he said, are the work/live zones and solar regulations. He read the statement and purpose of the Planning and Zoning Commission, noting that civilized societies need to have rules and regulations by which to live.

The Public Hearing was opened to public comment.

Amy Stegall of 17 Old Monson Road asked for a clarification on the overlay district map for Stafford Hollow. She noted that some properties are partially in and partially out of the district. David Palmberg said the map was his best effort to try to replicate the original historic district that was outlined in this area, and that she should basically follow that map, but understand that any property that is partially in the district, should be considered completely within the district. Amy Stegall said she also noticed that there is no language in the proposed text that pertains to demolition. Don Poland said demolition authority does not fall under zoning. He said the Board of Selectmen could create a demolition delay ordinance, but that would be their purview. Amy Stegall noted that the overlay zone includes farms but she did not see any mention of agricultural uses. She said animal husbandry issues could result in a bam not meeting desired design standards. Dave Palmberg said he would expect this regulation would only affect commercial farming activities such as riding stables and that a bam to store animals or equipment would not come into play under a Special Use Permit or site plan.

Don Poland said that while he is hesitant to delve into this area, he would hope that this Commission or any future Commission would recognize the difference between a bam that keeps with the character of the town and a big box development. He noted that a number of communities have adopted Right to Farm language in their regulations. Amy Stegall recommended the Commission also consider waiving fees for veterans, handicapped, and elderly

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applicants. Dave Palmberg said this would need to be a separate text amendment that would apply to all applications.

Beth Magura of95 West Stafford Road reviewed the differences between Historic Districts and Village Districts. She asked about how a Historic District is established. Don Poland said the town would first need to establish a Historic District Committee which would then inventory the properties that would fall into that district. He said it appears Stafford did so at one time, but then did not continue beyond that point. Once a district is delineated, then the residents of that proposed district would vote on whether to establish the district. They would need to have at least 70 percent of the residents voting in favor. If there was a favorable vote, then a Historic District Commission would be formed and would adopt regulations that pertain to design, architecture, colors, etc. They can be quite extensive.

Beth Magura said it is vague to her what the town would gain with a Village District. Don Poland explained that it starts the collaborative process and raises the standard of expectations. It puts the developer on notice for what the Commission is looking for. Beth Magura expressed concerns about what might happen with the recently vacated Baker Furniture store. She said the building is aesthetically attractive, but sees nothing that could stop it from being turned into a chain pharmacy store. Don Poland said it is true that both are permitted uses in that area and this proposed regulation would not change that. However, if another business wanted to move into the building they would need to present a design that meets the general intent of the overlay district regulation.

Gene Julian noted that a few years ago Mark Fenton took Commissioners on a walking tour of the downtown area and he pointed out Bakers Furniture specifically as the type of building design with parking behind that fits well with the "walking community" concept. Gene Julian said the Bakers Furniture store is the gold standard of the type of development they would like to see.

Beth Magura said it would be helpful if someone could outline the benefits for her of adopting a Village Overlay District. Nancy Ravetto suggested she take a look at the plan on the town website. It should help people better understand the concept and expectations of a Village Overlay District. At the same time, Nancy Ravetto said they should keep in mind that there are no guarantees with development. Dave Palmberg said the overall goal is to attain a higher quality of design. This regulation would raise the standard and give the Commission more leverage with developers.

Gene Julian read the general findings from Don Poland's report which discusses how adopting this type of regulation would help to enhance the community and the use of land in town. It also ties in with the goals of the Plan of Conservation and Development (POCD). Don Poland noted that the POCD specifically recommends adopting Village Overlay Districts.

Beth Magura asked if there would have been anything the town could have done to save the Parley Converse House (the former Maple Grove). Don Poland noted that we have some strong property rights in this country, and the only thing that anyone might have been able to do was to buy the house themselves.

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• Tannis Longmore of 20 Upper Road asked if this new flexibility for developers would allow houses to match the layout of Main Street. Don Poland said it would. He said these regulations would require that the existing development on Main Street be maintained.

Leonard Clark read from Section 8-2J of the state statutes which calls for development to be hannoniously related to its surroundings. He asked if that language should be in the proposed regulation. Gene Julian said similar language which discusses preserving existing character can be found in Section 4.75 of the Regulations. Additionally, 4.71 refers specifically to 8-2J in the state statutes. Don Poland said he didn't use the same "harmony" term as is in the state statutes, but that he gets to the same points.

Amy Stegall reiterated that she felt there should be language for either waivers or reductions of fees for veterans, elderly, and disabled applicants. Gene Julian said he made a note of that for the fee schedule.

There were no other questions or comments from the public, nor from the Commission. Nancy Ravetto closed the Public Hearing at 8:25 p.m.

Agenda:

• 1. Call to order and establish a quorum

2. Discussion and possible Decision: Proposed Zoning Regulation amendment to create a Village Overlay District: 1) Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.) and 2) Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.

3. Discussion and possible Decision: Proposed Zoning Map amendment to create a Village Overlay District: Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.) and Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.)

4. Adjournment

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• 1. Call to order and establish a quorum.

Nancy Ravetto, Chair, called the special meeting to order at 8:25 p.m. and established a quorum with regular members, Nancy Ravetto, Chair; Gene Julian, Kathy Bachiochi, and Roger Pelizari, and she seated alternate member Doug Fassett for Ron Houle.

2. Discussion and possible Decision. Proposed Zoning Regulation amendment to create a Village Overlay District: 1) Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.) and 2) Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.

Gene Julian made a motion seconded by Doug Fassett to approve the proposed zoning regulation text amendment to create a Village Overlay District with 1) the Main Street Overlay District to include portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St. and 2) the Stafford Hollow Overlay District to include portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd .

• Voting yea: Nancy Ravetto, Gene Julian, Doug Fassett, and Kathy Bachiochi. Voting nay: Roger Pelizari. Motion carried with a 4 to 1 vote in favor.

3. Discussion and possible Decision. Proposed Zoning Map amendment to create a Village Overlay District: Main Street Overlay District (portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk A ve, Silver St., and High St.) and Stafford Hollow Overlay District (portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace Ave. and Sunset Ridge Rd.)

Doug Fassett made a motion, seconded by Kathy Bachiochi to approve the Zoning Map amendment to create a Village Overlay District for the Main Street Overlay District to include portions of West Main St., Main St., Furnace Ave, East Main St., Spring St., River Road, Fisk Ave, Silver St., and High St.

Voting yea: Nancy Ravetto, Gene Julian, Doug Fassett and Kathy Bachiochi. Voting nay: Roger Pelizari. Motion carried with a 4 to 1 vote in favor.

• Kathy Bachiochi made a motion, seconded by Doug Fassett to approve the Zoning Map amendment to create a Village Overlay District for the Stafford Hollow Overlay District to include portions of East St., Patten Road, Leonard Rd., Orcuttville Rd., Old Monson Rd., Murphy Rd., Pinney School Rd., Upper Rd., Fluery Rd., Furnace A ve. and Sunset Ridge Rd.

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• Voting yea: Nancy Ravetto, Gene Julian, Doug Fassett, and Kathy Bachiochi. Voting nay: Roger Pelizari. Motion carried with a 4 to 1 vote in favor.

4. Adjournment. Doug Fassett made a motion to adjourn, seconded by Roger Pelizari. All were in favor. The Special Meeting of the March 8, 2016 Planning & Zoning Commission was adjourned at 8:30 p.m.

Respectfully submitted,

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Annie Gentile Recording Secretary

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