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HomeMy WebLinkAboutZONING AMENDMENT (2) PLINNI NC AND ZONING C 0DaSSI ON PLANNI G AND ZONING MSSION ACTION THIS APPLICATION SHALL 1E ACCEPTED BY APPLICA ON # THE P3ANNINC AND NC COMMISSION AT RECEI DATE: /- 3 - THE REGULARLY SCHEDInZD METING ON THE APPROVAL DATE: FOURTH TLXSDAY OF I,1M MONTH. IT SHALL REJECTED DATE: DE S UBM1 TTED TO 7* PLANNING AND RECEIPT # ZONING COMMISSION IOPFICE ONE (1) WEEK PRIOR TO THE FOURTH TIESIaAY. APPLTCANr: Deming Hill Associates, Inc. ADDRESS: 1750 Ellington Road, South Windsor CT 06074 T£IFPONE 644-8448 OWNER OF RECORD ON S.W. IAND RECORDS ADDRESS: _ COMPLETE DESCRIPTION OF LOCATION OF PROPERTY Z= NAM, ADDRESS b ZEIEPIIONE # OF PERSON TO WHOM CORRESPONDENCE AND IN!�UIRIES SHOULD RE DIRECTED: William E. Grace, Esq. , 25 Oakland Road, South Windsor, Connecticut 06074 TELEPHONE # 644-1528 THIS APPLICATION IS FOR: (CHECK WE OF THE FOLUMING) 1. Zone Change to Zone (public bearing) 2. Filing for Subdivision _ g 3. Filing for Open Space Subdivision (public hearing.) 4. Filing for Aesubdivision (public hearing) S. Special Exception to Article of the Zoning Regulations -(public hearing, 6. Site Development Plan - _ 7, Removal of Sand, Gravel, Clay or Quarry Stone A Ore (public bearing) Zoru'ng dment Section I. , Definition$ - ADD Adult Housin 8. Other (explain in detail) and amend Section 4, 41.1. 11 of the Zoning Regulations. See Schedule A attached hereto'l. THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND SUBMI /ALONG WITH THREE SETS OF PLIES KFOAF IT WILL X ACCE!TEO BY THE PLOWNG AMID ZON 6 SSION D HItL A 8 E INC. B APPLICANT OV A (over) PROCEDURES TO BE FOLIrOWED WHEN S UAMTTING THE APPLICATION: • 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application bee of $25. is-required for filing ,items #1, #5 and #7. 4. A subdivision processing fee of $25. per lot ($50.- minimum) fa ceq�ired • :' 'for filing items #2, #3 and #4. 5. A $20. deposit must be submitted with any item requiring a'-public • hearing.g This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATIONT WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSIQN, OR A PUBLIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. h SCHEDULE A 1. SECTION I. - DEFINTIONS ADD to Definitions: Adult Housing Housing for people 55 years of age, or older, which housing shall be limited by Section 4 . 1. 11 of these regulations . 2. SECTION 4 . - USE REGULATIONS Amendment to 4. 1. 11 - Housing for the Elderly ADD: and Adult Housing After the word Elderly in line 2 and line 4 ADD: and Adult 1 . Procedure: Application for this use may be filed by the Public Housing Authority of the Town of South Windsor ADD: or a nonprofit organization. a. Text to remain the same. b. NEW: The Applicant shall submit a General Plan of Development in accordance with Section 4. 6 . 4 . 9 . Revised- c. Upon approval of the General Plan of Develop- ment, the Applicant shall submit a site plan in accordance with Section 4. 13 of these regulations. Such site plan shall be in substantial compliance with the General Plan and the site plan must be approved prior to the issuance of a building! permit. 2 . General Requirements: Revised - a. Location - The site shall be on land owned by the Town of South Windsor and/or a nonprofit organization and located . . . . RURAL RESIDENTIAL ZONE cont'd. 4.1.10 (cont'd.) 1. There shall be no external flood-lighting which (transmits outside of the property where it originates. A�l provisions of Section 8.7.3 shall be followed. m. A bond shall be posted to guarantee the cost of ',construction and improvements required under this section. 4.1.11 Housing for the Elderly: The purpose of this special use is to provide housing particularly suited to the needs of the elderly citizens; such use to be located in reasonable prox mity to such shopping and services as are required by elderly persons; such use to be designed to provide a pleasant environment for habitation; and such use shall be in conformity with the general framework and intent of the Comprehensive Plan of Development for South Windsor. 1. Procedure: Application for this use may be fi ed only by the Public Housing Authority of the Town of South indsor. a. The Commission shall be guided by the requirements of this section where reporting on the mandatory referral for acquisition of the housing sites under th& General Statutes of Connecticut. b. The Housing Authority shall submit to the (Commission a site development plan in accordance with Sectio14 4.13 of these regulations and such plan must be approved''iprior to the issuance of a building permit. 2. General- Requirements: a. Location. The site shall be on Town-owned property and located within reasonable walking distance of convenient shopping facilities and preferably within walking distance of churches and personal service facilities. b. Area Requirements. 1. A minimum size of 2 acres is required.', 2. At least 23,000 square feet of land area shall be provided for each unit where public sewers are available or where a Town referendum has approved sewers for the location, although the sewers may not serve the 'site at the time of -application. Where public sewers are '!not available and where public water supply is present, la minimum of 3,000 square feet of land area shall be provided for each dwelling unit. RURAL RESIDENTIAL ZONE (cont'd.) 4.1.11.2 (coast'd.) c: Yard and Frontage Requirements. - 1. Yards. Minimum front yard - 50 feet, minimum s rear yards - 25 feet. side and 2. Frontage. At least 100 feet on a public street d. Building Height. Buildings shall not exceed two stori feet in height. Basements are not required but when es d 30 shall not be used for living areas, exceptin that s provided • facilities are permitted. g ervice e. Building size. In calculating space requirements for elderly occupancy, the following areas shall be considered minimum: Occupancy (persons) 1 Description 2 2 or more Room Count* Effi 3ency �1 BR 2 BR - Area Square Feet* 4k 350 460 570 *Room count for living, dining and kitchen is 2k. **These areas do not include circulation and publicfaciliti outside the unit or spaces for heating equipment Storagees areas are calculated as a part of the minimum area requirement. - ***Special occupancy, covering situations such as two single persons, two-person families whose physical condition requirested separate sleeping accommodations sleep-in companions or care assistantssingle persons requiring . f. Parking and Access. 1. At least 1 parking space for each 4 dwelling unit shall provided, however, at the discretion of the Planning and be Zoning Commission, this may be increased up to I parkin for each dwelling unit. P g space 2. The location and arrangement of access shall b consistent with public safety and shall provide no undue hindrance to the safety of existing or proposed streets. 3. Access ways shall be constructed to the '-street cations contained in the Town of South Windsor Standard sRoadway Specifications dated January, 1963 or as amended; except, the width, location and arrangement of access and parking shall be consistent with public safety and welfare and shall provid#-:::::"- no undue hindrance to fire or other emergency apparatus or �"';"' to safety of existing or proposed ways. - -28- 8/2 /82 . RURAL RESIDENTIAL ZONE (cont'd.) 4,1.11.2.g (cont'd.) g. Sidewalks. Sidewalks shall be provided for ante 1 circulation within the project and connection to the street f ontage. Sidewalks shall be constructed to the specificati ns of the Town of South Windsor. h. Recreation. Recreation area or areas shall be provided for the use of the residents. The recreation area or areas shall be designed for the special needs of elderly personsl. Such uses as shuffleboard and sitting areas are examples of recreation uses. i. Buffer areas. The location and design of the pro ject shall be compatible to the surrounding neighborhood ands all itself be ample protection from potential or actual non4compatible ! uses. Buffer areas of plants or fencing may be required to effectuate physical and environmental separation lof the project from non-compatible uses. j. Signs shall conform to Section 4.1.5 of these regulations. -29- 8/2/&2 FREDERICK A HESKETH PRESIDENT F . A . HESKETH & ASSOCIATES , INC . BACKGROUND More than 23 years experience in civil engineering practice with emphasis on highway and traffic engineering and including11pro gressively responsible positions in traffic engineering , !highway design , utility engineering and land planning at technical and administrative levels . EDUCATION University of Rhode Island - Kingston , Rhode Island - S . Degree in Civil Engineering (1958) Yale University _ New Haven , Connecticut - Traffic 1 �S Engineering� ( ) PROFESSIONAL QUALIFICATIONS Registered Professional Engineer Rhode Island #2714 (1963) Connecticut #7 7 9 6 (1969) Massachusetts #28254 (1976) New Hampshire # 3836 (1976) N ew- York- #0 60 624-1 (1 983 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers - Fellow (1960 President) Rhode Island Traffic Engineers Association - Chairman (1966-1969) Institute of Traffic Engineers , New England Section - Director 1968 , 1971 , President 1972 , Chairman , Past Presidents Council 197 Society of Military Engineers (S .A.M .E . ) COMMITTEE ACTIVITIES Committee on 12 inch signal indications 1969 Institute of Traffic Engineers Committee on effective directional signing for freewa entrances . Institute of Traffic Engineers 1967 - 197 1 FREDERICK A . HESKETH ( CONTINUED) Mayors Committee on Street names and Street signs Warwick , Rhode Island , 1965 Region I Design Commmittee , AASHO 1969 Technical Core Committee , R . I . Statewide Comprehensive Transportation and Land Use Planning Program , 1969 Governor ' s Committee on Relocation of Penn Central Railroad , (Downtown Providence) 1969 National Committee on Uniform Traffic Laws and Ordinances, 1973 EXPERIENCE 1976 - Present F . A. Hesketh & Associates , Inc . Founder and principal of multi -disscipn land L nn ng ,ioed consulting engineering firm engagedi wide variety of engineering , P surveying and related activities for local , state and federal governments and private cl i ents . 1970 - 1975 Morton S . Fine & Associates , Inc . Chief Engineer , responsible for supervision and coordination of personnel engaged in a wide range of land planning , civil engineering , mechanical engineering , traffic engineering , and surveying activities . Responsible for organization and direction of projecti 'npre sentations , preparation of reports , pa . specifications and construction adminisltration . 1969 - 1970 Morton S . Fine & Associates , Inc . Highway & Traffic Engineer in responsible charge of all traffic and highway engineering ' including nsportation studies , reports , supervision of tra highway design , preparation of construction plans and specifications and of construction ' supervision . 1969 Rhode Island Department of Public Work$ Chief Road Design Engineer . Responsible for coordination and supervision of staff consultants engaged in highway design of secondary , primary and interstate highways . Duties included basic design reports , lconstruction plans and specifications , the establislhment of policies and priorities . FREDERICK A HESKETH ( CONTINUED) 1960 - 1968 Rhode Island Department of Public Works Deputy State Traffic Engineer . Technical supervision of state traffic engineering office including reports , studies and designs in geometrics , signals , signing , and markings . Preparation of plans , estimates , and specifications . Inspections of contractors , coordination with design and construction activities , technical supervision of statewide maintenance of traffic control devices . Represented the office of the State Traffic Engineer at meetings with engi'peers , mayors , city councils , etc . Preparation of budgets , establishment of programs andl policies . 1959 - 1960 Rhode Island Department of Public s Senior Civil Engineer (Highway Planning) g) Preparation of route location reports , supervision of various traffic surveys , counting programs , etc . Jules E.Page _ ?AGE President P.E.CT#8773 PC ENGINEERING INC. PROFESSIONAL QUALIFICATIONS OF Jules E. Page Founder & President of Page Engineering Inc. 1750 Ellington Road South Windsor, CT August 1983 1. Registered Professional Engineer 2. Engineering Degrees: Bachelor's Degree from University of Maine 1959 Master's Degree from R.P.I. 1962 3. Employment: Town of South Windsor 12 years working with the Planning and Zoning Commission and Inland Wetlands in Engineering Department 7 years as the Town Engineer 4 years part-time work while in college Surveying for Maine Turnpike Surveying for Missile Base 4. Awards: Selected Outstanding Conservationist May 1978 Chosen by Hartford County Soil and Water Conservation District 5. Resident of South Windsor since 1959 Site Development Engineering 1750 Ellington Road & Subdivisions South Windsor, CT 06074 Our Specialty (203)644-4691 VI.110 N 5 f 014C Saum' 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 66074 �`i,� • AREA CODE 203/644-2511 OSOR.Cor January 31 1984 I hereby disqualify myself from sitting on the applications of Deming Hill Associates Inc. for an amendment to the Zoning Regulations, and approval of a General Plan of Development for adult housing, due to a possible conflict of interes t. QA arshal 1 Montana I i i PLANNING AND ZONING COMMISSION JANUARY 3, 1984 REGULAR MEETING SOUTH WIND SOR TOWN HALL MEMBERS PRESENT: Gilligan, Montana, Sorenson,Mosher, Smith, Sorosiak and Conde ALTERNATES PRESENT: Hallowell, Klenke and Goodwin Public Participation - None 0 New Business 9�, 1. Appointments The Chairman made the following appointments for the en uiAg year: Indian Ridge Condominiums - Sorenson Bissell Commons - Goodwin Chapel Hill Condominiums - Conde Burr Meadow Condominiums - Hallowell Parkview South Condominiums - Mosher Pleasant Hill Condominiums - Montana Windshire Abbe Estates - Sorosiak Wood Ponds - Gilligan South Ridge Estates - Gilligan Savin Woods - Gilligan Green Hills Subdivision - Mosher Krawski Subdivision - Montana Charbonneau/Rossi Subdivision - Montana Pleasant Valley Homes - Smith Country View Estates - Sorenson Case Hill Subdivision - Smith Rye Park Homes - Klenke Savin Brothers/Parkcentre - Gilligan Passive Solar Energy - Conde Inland Wetlands Agency Liaison - Smith CRCOG - Conde Plan of Development - Hallowell Economic Development Commission Liaison - Klenke Water Pollution Control Authority Liaison - Goodwin Commission By-Laws - Sorenson 2. Connecticut Avenue, Parkcentre The secretary explained that when the Commission appro ed Lots 5 and 6 a couple of months ago a bond amount was not specified for the construction of Connecticut Avenue, and the Town Engin er has recommended till$60 , 000 . Town Engineer Martel noted that that amount include drainage, grading, storm sewers , paving and curbing . Mr. Hallowell said this is a good opportunity for the ommission to require a bond for landscaping and the Town Engineer said this is an arbitrary amount and should be set by the Commissio A figure of $10 , 000 was mentioned. Philip Braender of Elizabeth Street said the curbing was originally granite and now it' s been changed to bituminous, and the granite is better. - Planning & Zoning Commission 1/3/84 -2- Mr. Martel said that that installing granite for 450 ' on both sides of Connecticut Avenue will cost about $8 or $9 , 000 more, and the difference is aesthetics and costs. Granite looks better. Mr. DeMallie noted that the approved plan shows bituminous, not granite. There was a brief discussion and Mr. Soronson made a motion to table this matter to give the Town Engineer an opportunity to inspect the area and clarify how much of the curbing is granite. Mrs . Sorosiak seconded,4-1;he- motion and it was unanimously voted in favor and so ordered.; 3. Wind'shire be Estates, Phases I, II, IV and V Town Engineer Martel reported that he could only recommend a bond reduction of $50, 000 ($250, 000 to $200 , 000) . Attorney Cummings was present and said that perhaps the Town Engineer didn ' t realize that the binder course had been put in, and Mr. Martel said he knows it' s on, and still recommends only a $50 ,000 reduction. There was a brief discussion concerning the breakdown of the value of the work remaining, and Mr. Martel said he has those figures if the Commission wishes to review them. Atty. Cummings said that he would prefer to have this matter tabled for the time being to give their engineers an opportunity to discuss this matter with the Town Engineer. Mr. Sorenson moved the matter be tabied, and Mr. Conde seconded the motion. It was unanimously voted in favor and so ordered. 4 . Applications to be officially received; The Town Engineer and Planner reported that item a, The Balf Company, Open Space Subdivision, was ready to be received and needed only a few minor modifications. Mrs. Montana made a motion that this application be received, seconded by Mrs. Sorosiak and unanimously voted in favor. Mrs. Montana disqualified herself from acting on the following two applications, and Chairman Gilligan appointed Mr. Goodwin to act as alternate. b. Deming Hill Associates, Inc. ,, Amendment to Section 4 . 1. 11 of regulations concerning housing for elderly C. Deming Hill Associates, Inc. , General Plan of Development in accordance with the amended Section 4 . 1. 11 of Regulations , for property on Deming Street, AA-30 zone. Mr . DeMallie explained that application "b" is a request to amend the regulations, and he will make his recommendations at the public hearing. Mr. Martel said item "c" requires some modification, and the Fire Marshall has written to the Commission stating " layout is totally unacceptable. . . . no provision for negotiating and turning fire apparatus" . Mr. Gilligan said he thought the General Plan was supposed to be pretty close to the final plan. i Planning & Zoning Commission 1/3/84 -3- i Mr . Hallowell said he thinks the Commission would be se ting a dangerous precedent by accepting item "c" when there ar no regulations in effect for this application. He said th s is forcing the Commission to consider the amendment, and is for anyone in Town, and there are no regulations coveri g "c" . Attorney Grace, representing the applicant, said the Co ission has done this before. He noted the General Plan which as been submitted is not perfect, and the applicant must submit a Special Exception/Site Plan application after the General Plan s approved. Mr. Dick Kelley said the purpose of submitting the Gener 1 Plan is for the Commission to give input to the final site p an, before spending a lot of money on a final plan which had to be' changed. There was a general discussion among the Commissioners, and Mr. Gilligan said the Commission will hear item "b" first, and applicant is aware that if "b" is not approved, "c" can' t be approved either. Mr. Hallowell said he would like to see "b" stand on its own, and that "c" prejudices "b" . Mr. Gilligan said he thinks t e Commission is being fairer by receiving both anplications. at the same time in view of the length of time required to process applications . Mr. Sorenson said if the applicant wants to take the risk, let him. He then made a motion to receive items "b" and "c" and Mr. Mosher seconded the motion. It was unanimously voted in favor, and so ordered. 66- Bissell Commons Inc. Phase II Site P 5 . App. #9 , an Attorney William Grace, Richard Kelley and William Mit hell were present in connection with this application. Mr. Grac said that there are 8 units in Phase II , ranging in size from ab ut 1200 s. f . to 3 , 400 s . f. for the end unit. Ultimately in future phases the building will come around into a horseshoe shape. All drainage problems with the adjacent property owner have been re olved. Town Engineer Rick Martel said that the plans should be modified to show "north" , horizontal and vertical control data should be added, and the south side of Chapel Road should be shown to bring it up to A-2 stand- ards. He said if information was taken from the MDC plans , the Engineering Department will need final verification. Mr. Lucek, the applicant' s engineer, said the plan shows actual f ' eld topography. He noted originally there was an overflow system for d ainage, but that has been eliminated and the system is working. Mrs. Montana noted that usually detention basins flow 'into another system, but in this case the water just stays. Mr. Lu ek said you have to balance economics and the amount of protection necessary, and this system meets the 100 year flood guidelines. Even if the ground is frozen, he felt the water would go into it because of the sandy soil. He noted that there will be additional etention areas as Phases III and IV are developed. i i Planning & Zoning Commission 1/3/84 -4- Planning Director DeMallie reported that his biggest concern is the lack of parking. In Phase I they were short 7 spaces, and that is being carried over to Phase II. Mr. Kelley said that in the Spring they plan to remove the dirt stored in back and extend the parking. Mr. DeMallie said in his opinion the landscaping is very good and Mr. Mitchell went beyond what the plan required. Mrs. Montana made a motion to approve Phase II of Bissell Commons , as shown on a site plan of development prepared by Lucek Engineering Assoc. , Inc. , dated 10/19/83, revised to 11/20/83 , subject to the following modifications: 1. An arrow indicating "north" shall be added to the plans. i 2 . Horizontal and vertical control data shall be shown on the plans and is subject to approval of the Town Engineer. 3 . The southerly side of Chapel Road must be shown on the plans. E 4 . The lack of parking spaces must be resolved prior to submitting an application for approval of future phases . f 5. The drainage overflow must be addressed in future phases and is j subject to approval of the Town Engineer. 6. A surety bond , or other acceptable surety, in the amount of $3 , 000 shall be submitted to this Commission to ensure completion of buffering and landscaping in both Phases I and II. 7. No building permits will be issued until the final plans have � been filed in the Office of the Town Clerk. A 24" x 36" black and transparent mylar of Sheet 1#2 must be submitted to this Commission to be stamped and signed, and must be filed in the Town Clerk ' s Office within 90 days (by April 2) . The approval letter of this Commission must be reproduced on the mylar, and three paper prints must be submitted to the office of this Commission. Mr. Conde seconded the motion and it was unanimously voted in favor ' and so ordered. 6 . App. #949 - Douglas Johnson, Zone Change on 75 acres from RR to A-20 App. #962 - Jean Marc Jacques, Zone Change on 60 acres from RR to A-20 Mrs. Montana noted that people at the public hearing commented on the fact that they bought houses in this area because it was rural. The entire surrounding area in South Windsor is owned by T & M and Mrs. Montana said she thinks it' s unrealistic to think it will remain a farm field forever. Mr. Sorenson said that' s true, but the question is whether to squeeze in half acre lots when it could be developed into 3/4 acre lots. _ 1/3/84 Planning & Zoning Commission _5 Mr. DeMallie reported that the petitions which were sub itted at the hearing are invalid insofar as a 2/3 vote of the Commission is concerned for approval, since they were not signed by owners of 200 of the surrounding property. The Town Engineer was asked what was required to bring the roads to Town standards, and Mr. Martel said the Town would need �17 feet of the owners ' property , plus the road would have to be improved insofar as drainage, etc. is concerned. Mr. DeMallie said the conceptual subdivision map shown t the public hearing is hypothetical and there will be consid rably less than 200 lots on these two sites. Mr. Conde noted it would make no difference whether it �s A-20 or i A-30 as far as the sewers are concerned. Mr. Sorenson s said the question is whether the Commissio wants A-20 in this part of Town, and if this is approved, T & M co ld then come in for a zone change on its land. Mr . De Mallie said the land to the east in Vernon is R-22 which is comparable to A-20 , and Mr . Conde noted that a lot of the homes look more like A-30 homes than A-20 homes. Mr. Hallowell said that Mike Jacques development at Pleasant Valley is A-20 with larger homes than required, and T & M is doing the same thing at Country View. He said the Commission actually ended up with an A-30 open space subdivision at Pleasant Valley even if it is zoned A-20 . Mr. DeMallie said on the 135 acres which is being disc 'ssed, the Town could end up with about 190 homes with the rest open space, and there' s little difference between the A-20 and A-3 , open space. Mr. Sorenson said he' d feel safer with the A-30 zone, nd Mrs. and Sorosiak agreed. Mr. Hallowell and Mrs. Montana also greed, Mrs. Montana said the Commission could be setting a dangerous precedent by zoning this A-20 . Mrs. Smith asked if the roads would be improved with either A-20 or A-30 , and Mr. Hallowell informed her Town approved roads would be required before the land could be subdivided. Mr. DeMallie noted that if it is zoned A-20 they could afford to make the ,, improvements . Mrs. Montana noted that may be true and there is always an ideal situation for a developer , but sometimes they don ' t got what is ideal . Mrs . Montana said nobody is objecting to development in this section of Town but it seems everybody is bothered by A-20 in his area. Mr. Hallowell said A-20 is not in accordance with the Comprehensive Plan, and Mr. Conde noted that when this commission de sa 20 for Windshire Abbe (Phases IV and V) the developer space and got almost the same thing. Mr . Sorenson made a motion to deny the application of Douglas Johnson for a zone change from Rural Residential toof-20 Darfor apprt Hill oximately 75 acres located at the Sorosiakesecondedent the motion and it was Newmarker Road. Mrs. f1 � l Planning & Zoning Commission -6- 11/2/84 i 1 unanimously voted in favor and so ordered. Mr. Sorenson made a motion to deny the application of Jean Marc Jacques for a zone change from Rural Residential to A-20 for approximately 60 acres located on the east and west sides of Newmarker Road. Mrs. Sorosiak seconded the motion and it was unanimously voted in favor and so ordered. The Commissioners tabled discusssion concerning the application of Robert Gordon to amend the regulations to permit golf courses, and the Special Exception for the Town of South Windsor Nevers Road Park in view of the late hour. Mr. Sorenson moved the meeting be adjourned at 10 : 40 P. M. , seconded by Mrs. Montana and unanimously voted in favor. Respec,tfully submitted, Virgin S. Grz�ney, Recording cretary APPROVED: 7-1 ZONING REFERRA -0 G FORM � For: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION From: ( ) Zoning Commission ()o Planning and Zoning Commission of South Windsor ( ) City or Town Council (municipality) (acting as zoning commission) To: Capitol Region Council of Governments Planning Division 2-14 Main Street, Hartford, CT 06106 January 23, 19 4 , (date) Pursuant to the provisions of Section 8-3b of the General Statut s of Connecticut, as amended, the following proposed zoning change is referred to the C pitol Region Council of Governments for report: NATURE OF PROPOSED CHANGE ( j Adoption o-r of Zoning Adoption ns aat of ZONING MAP for any area within 500 feet of REGULATIONS appl ing to any zone awther Capitfll Region municipality. within 500 feet f another Capitol Attach map showing proposed change. Region municipal ty. Attach copy of proposed chan a in regulations. THE CHANGE WAS ORIGINALLY REQUESTED: ( ) by municipal agency }- (specify) by petition PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: February 7, 19 8 4 (date) MATERIAL SUBMITTED HEREWITH: ( ) Public Notice (X) Regulation Changes ( ) Other (Specify) ( ) Map of Change { ) Supporting Statements .................................................................... (For Use by CRCOG) 00, 46 Date postmarked :Date received (Authorifed Signa u e) Received by Title Chairman, Planning & Zoning Comm ssion • File No. Address 1540 S ullivan Ave. $ South Windsor, t. *BY LAW, THIS NOTICE MUST BE POSTMARKED AT LEAST35 DAYS BEFORE PUBLIC HEARING. CRCOG - 8/73 towN Sr s � TO 0 s • �w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 0 074 OSOR-CO AREA CODE 203/644-2511 �I January 24 , 1984 Ms. Jane Beaulieu Capitol Region Council of Governments Planning Division 214 Main St. Hartford, Ct. 06106 Dear Ms. Beaulieu: Re: Zo ning Regulation Amendment i Enclosed is a Zoning Referral Form, together with a cop Of the Proposed changes as well as an up-to-date copy of our Regulations_ Please note the public hearing has been scheduled for February 7th. I would ap preciate it if you would expedite this matter so that we have your report by that date. Yours ve ry truly, � PLANNING & ZONING COMMISSION `"'�`"� vg By: 46 encs. Virginia S. G aney, Clerk CC: Ms. Mary Ellen Kowaleski f �0*N Sor �- T all T al 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. �6074 4 AREA CODE 203/644-2511 'tUSOR.CO� TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , JAN ARY 26 , 1984 THURSDAY, FEB UARY 2, 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONI*1G COMMISSION w ' be a public hearing of Notice is hereby given that there ill p g the Planning and Zoning Commission on Tuesday, February 7 , 1984 , at 8 : 00 P . M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue, South Windsor, to consider the following : 1 . Application of The Balf Company, for an open spacellsubdivision in an RR zone, known as Savin Woods , consisting of'' 12 lots in Section 2 and 14 - lots in Section 3 , located between Nevers and Abbe Roads , north of wood Ponds , and south of South Ridge Estates . 2 . Application of Deming Hill Associates , Inc. , to amend the Zoning Regulations as follows : Section 1 . Add to Definitions "Adult Housing : Housing for people 55 years of age, or older , which housing shall be limited by Section 4 . 1. 11 of these regulations . " Section 4 . Amend Section 4 . 1. 11 - Housing for Elderly to add Ilthe words "and Adult Housing . " On line 2 and 4 add " and Adult" after elderly. ,, educe to read as folio rmenc Section 4 . 1 . 11. 1 P roc s : 1 . Procedure : Application for this use may be filed by the Public Housing Authority of the Town of South Windsor or a nonprofit Organization. a. The Coirjrission shall be guided by the reglirements of this section where reporting on the manda�ory referral for acquisition of the housing sites unde the General Statutes of Connecticut- b. -he applicant licant shall submit a General Plan', of Development t Page 2 . Legal notice to be published 1/26 and 2/2 in Journal Inquirer. in accordance with Section 4 . 6 . 4 . 9 . c . Upon approval of the General Plan of Deve opment, the applicant shall submit a site plan in accordance with Section 4 . 13 of these regulations . Such site plan shall be in substantial compliance %•pith the General Plan and the site plan must be approved prior c the issuance of a building permit. Amend Section 4 . 1 . 11. 2 . a to read as follows : a. Location. The site shall be on land Owned by the Town of South Windsor and/or a nonprofit organization and located within reasonable walking distance of convenient shopping facilities and ^referable within walking distance of churches and personal serviceizacilities . 3 . Application of Deming Hill Associates , Inc . , for Special Exception to Section 4 . 1 . 11 , for approval of a General Plan of Development for Adult Housing , located on 15 . 5 acres on the north side of Deming Street , east of Buckl nd Road and south of Oakland Road , AA-30 zone . Copies of these applications and maps more clearly defining the p_ropErties are on file in the Office of the Town Clerk of the Towr, of So-,:th 1-,indsor . At this hearing , interested persons may appear and be heard and %,,ritten recommendations will be received. PT Ar3NIi�G 1,1ND 2ONII•:G CO-IMISSIOIN Robert F . Gilligan, C�ary airman David Sorenson , Secr LXHIBIT A - Page 1 ADULT HOUSING "Community of Interest" PROPOSED AMENDMENTS TO ZONING REGULATIONS A. To add "adult housing" to existing elderly regulation 1. Add definition - "Housing for people 55 years of age, or older, which housing shall be limited by Sec. 4 . 1. 11 of these regulations . " B. To allow development on land owned by "non-profit organization" 1. Presently defined in zoning regulations - 1 . 14b - "an organization exempt from Federal Income Tax under Sec. 501 (c) of Internal Revenue Code. " 2 . In addition to development allowed on land owned by Town C. To allow filing of application by "non-profit organization" 1 . In addition to applications allowed by South Windsor Housing Authority D. To provide in the approval process the submission of a general plan of development (Sec. 4 . 6 . 4 . 9) 1. If general plan approved, site plan must be approved as presently required by 4 . 13 Remarks on Proposed Amendments -- Special exception is a special use which allows Commission control -- No change of zone is necessary - zone remains the same -- Each Application under this section must complete two-step approval process with Planning and Zoning: (a) general plan of development (b) site plan approval -- Requirement for submission of general plan of development is added to existing procedure thereby creating greater input of Commission -- Each Application will still be subject to review by Inland Wetlands; Conservation Commission; Water Pol- lution Control Authority, etc. EXHIBIT L - page 2 A. ADULT HOUSING 1. Will satisfy need for a special type of housing 2 . Amended regulation will allow an "adult housin it development 3 . At least one owner/tenant must be age 55 or of er 4 . Adult housing will allow residents who wish to remain in South Windsor a new choice of housing 5 . Adult housing may solve problems of owning a large home such as: (a) high expenses (b) maintenance of large yard (c) snow removal 6 . Adult housing can allow greater freedom due to relief from chores 7 . Adult housing can address medical or physical difficulties thru special construction 8 . Adult housing will satisfy the desire to be w th people : (a) of the same age group (b) with similar interests 9 . Adult housing will provide security for its residents : (a) personal (b) emergency 10 . Adult housing can stabilize living expenses 11. Adult housing located near shopping, churches and personal service facilities will provide convenience for residents 12 . Adults desire to remain in the same church or, synagogue 13 . "Community of Interest" provides companionship and mutual care EXHIBIT A - page 3 B. NON-PROFIT ORGANIZATION MAY OWN LAND AND OPERATE AN ADULT COMMUNITY 1. Will be in addition to any development on land owned by Town 2 . Town has not set aside land or planned for more housing 3. Non-Profit organization under Internal Revenue Code requires that organization be for benefit of members without profit to any member 4 . Organization will be non-stock with residents having voting rights 5. Land may be purchased and developed without need for governmental funds 6 . Land will be subject to Real Estate Taxes of Town of South Windsor 7 . Land must still satisfy requirements of Zoning Regulations as to : (a) location (b) nearness of shopping (c) nearness of services for adults (d) nearness of church or synagogue C. NON-PROFIT ORGANIZATION WILL BE ALLOWED TO FILE ' APPLICATION FOR ADULT HOUSING 1. Requirements of Internal Revenue Code Sec. 501 (c) must be met and Commission given proof 2 . Non-profit organization will be a Connecticut Non-Profit, Non-Stock Corporation 3 . Board of Directors of organization shall have general charge and management of the affairs , funds and property of the corporation 4 . The organization ' s bylaws will establish a Board of Directors to operate adult housing 5 . Board of Directors will establish rules and regulations to insure continued operation of the community as adult housing 6 . Corporation shall have right to repurchase any housing unit to be sold if the purchasers do not qualify under the Rules and Regulations EXHIB''IT A - Page 4 D. GENERAL PLAN OF DEVELOPMENT 1. Applicant will be required to meet the requirements of Sec. 4 . 6 . 4 . 9 of the LEGAL NOTICE regulations LE AL NOTICE TOWN OF SOUTH WINDSOR 2 . Commission will be supplied with informa- zOFAPPEA i° Notice Is hereby given tion to allow greater input at an earlier that there will be public twering or the Zoning board stage of development Hof Appeals on Thursday. " February 2.I96t at 7 30 D m l In the Council Chambers of 1ht Sa)}h Windsor Town 3 . Applicant - if approved, will be required Nell. 15s0 Suttiv.n AvenUt South Windsor, to consider to complete and file a site plan in accordanCE the following et1on e with Sec. 4 . 13 Barberbarsra B Leone. — . 707 Nevers Road. requests a !variance to wtoons 52 of ) -the zoning Regulations to al low a building closer to the Side line then permitted on E. NEED property located at 707 Nevers Road, South Windsor (A•20 Zone) 1. 1980 census statistics indicate the average ADDonald 11Sd N — g Mac Donald H and Nancy ce age of the town population is increasing r Brand 27Sunstl r ten, request a two-Year lain•l porary and conditional permit for an in•famtly I apartment at p`ope►tY t 2 . 9% of Town ' s population is age 60 or older known at n Sunset Terrace, ti compared to 5% age 65 or older sort"Applicaticatior (A•20zant) } on /153e•6A — Kelen Logan Welch,3 Mur ray Road requests a two 3 Between 1970 and 1980 number of Connecticut Year 1gwrMil rY '"d COMM lions+permit for en m•femr residents age 65 and older grew 26 . 3 o IY wn &S 3 r prpplrtY known as 7 Murray Roatl, South Windsor (^-?D Zone) Application /tS79" 4 . CBS "60 Minutes" showed 35$ of Nation will `oseph P st.ku"' "� El' 1 q twon Road,South Windsor r-Casts a variance to sec. be 60 years or older in 16 years tion 52 of the zoning Re. pulatmns to allow construe tion of an attached garage to within 35 feet of the front 5. Hartford Courant articles on Elderly indicate roper yaljrw o property a larger number of older citizens with housing goad, nth Windsor (RR Zone) a major concern - specific desire to remain in Application .ISAO-SA - Santo J Giangrave. 2�0 their own Town ;and Niel Road. South Windsor requests rencwei of a temporary and conditional permit for an in•familY 6 . Recent ZBA hearings on subject of in-family .partment located at M Sand Hill Road. South apartments (See Notice) wlndsor (A.3o zone) Copes 01 these applica- tions are on file in the Office of ft►t Town Planner al the in Mews provides 30 units ; waiting list Six-Oh Windsor Town Hal'7 . Wapping g P Atthis hearing ,nte.e5ted exists parson rd i may wrl" ecobe ntandations will be re. Calved 8 . Federal money and State money seems limited Robe rt Chairma airma, n for future developments 5 ZONING BOARDOF APPEALS ` ;9urnal Inquirer Wenuery 21.1"M 9 . Housing Authority Motion: (See Exhibit "B") r'•^'"rr'0 "" 1 "The South Windsor Housing Authority feels that there is a definite need for this type of housing in South Windsor; that this need is not being met at the present time ; that this is a marketable concept; and t at South Windsor Housing Commissioners are in favor of such a concept as the one presented. The South Windsor Housing Authority would request that before the final lans are adopted they have a chance to review the conce t in its entirety again. " EXHIBIT A - page 5 10 . Special design of buildings provides: (Gregory Montana - Architect - See Exhibit "C") i - safety features - hand rails, special tubs, non-skid surfaces - parking availability - low buildings, less steps, easier movement in and out - special features for handicapped - heating features - pull cords and/or emergency buttons 11. Experience of Area Towns (a) East Hartford (b) Vernon - Wells Village (c) Ellington F. COMMISSION ' S CONTROL OF DEVELOPMENT 1 . Special exception requires application must continue use as approved or be in violation 2 . Commission control and review at numerous stages : (a) Application must be received and accepted (b) General plan of development and supporting survey, studies and documents must be approved (c) Site plan with detailed requirements must be approved (d) Bonding may be set by Commission to insure compliance (e) Phasing of development insures plans are . followed (f) IRS approval of non-profit status will be supplied to Commission (g) Documents of Incorporation as Connecticut Non-Profit Non-Stock Corporation will be supplied Commission (h) Rules and Regulations , and Bylaws, of Non-Profit Organization that limit use to ' Adult Housing will be supplied to Commission (i) Residents will have voting rights and be involved to oversee operation of Adult Community (j ) Documentation that Organization has right to repurchase to insure operation as Adult Housing will be supplied to Commission EXHIBIT A -jage 6 Summary -- We ask approval of proposed Amendments as they: j 1 . Satisfy a need 2 . Provide Commission with substantial control of development 3 . Provide Commission with proof of safeguards to insure continued operation as Adult Housing Community i I DEMING HILL PLANNED ADULT COMMUNITY, INC. I . STRUCTURE A. Non-Profit Connecticut Corporation B. Nine-member Board of Directors 1 . Self-perpetuating; 2 . Directors must be at least one (1) of the following: (a) Resident of South Windsor; or (b) Member of Calvary Church; or (c) Reside within Deming Hill Community C. Certificate of Incorporation and Bylaws must comply: 1 . With the laws of the State of Connecticut 2 . With the requirements of South Windsor Zo ing Regulations ; 3 . With Sec. 501 (c) of the United States Int rnal Revenue Code II . PURPOSE A. To take title to the real estate on which the Deming Hill Adult Community will be located; B. To oversee the construction of the improvement to the real estate, as may be approved by the Plannin and Zoning Commission; C . To adopt Rules and Regulations to insure that he original intent of the community is preserved, in perpetuity; D. To operate and manage all aspects of the comm, nity indefinitely into the future i EXHIBIT A - page 7 III . ORGANIZATION AND POWERS A. All powers allowed by State law; to own, manage, lease and/or sell and convey real estate or any interest in real estate 1 . To contract for the construction of the site improvements and buildings; 2 . To contract for the management and maintenance of the community and all improvements B. Exempt from Federal Income Tax on monies received, but will be liable to the Town of South Windsor for local real estate taxes on buildings and improvements C. Similar in concept and powers to the South Windsor Housing Authority, except: 1. Directorships self-perpetuating and not appointed by South Windsor Town Council; 2 . Construction entirely financed with private funds; 3 . Management by private, not public, agency -1 4- familiar with the highway system in the area and the traffic thereon as well as the proposed land use as it effect traffic within the area. From a review cf all these factors several points become immediately obvious: 1 . The existing traffic volumes on Route 30 in this area range between 8000 and 9600 vehicles in a 24 hour day with peak hour traffic ranging between 780 and 850 vehicles . Hourly traffic volumes in other than peak hours range between 300 and 500 vehicles . The capacity of Route 30 in this area is estimated to range between 1100 and 1200 vehicles per hour with an acceptable level of service . 2 . If it is anticipated that the new co=,unity wo ld result in daily traffic consisting of approxiMa.tely 200 entering movements and 200 exiting movements with hourly movements ranging h-etween 10 and 25 in ach direction. 3 . Accident records maintained by the South Winds r Planning Department reveal 13 accidents in a three year period during which time ten million vehi les passed through the intersection. 4 . Adequate sight distance is presently available at the Felt Road intersection for traffic utilizing a reconstructed Felt Road on the south side of Route 30 . The existing sight line restrictions on the R T ' Page1 EXu_.IB_ B, b -15- north side of Route 30 should be eliminated whether or not the new development is constructed. 5 . Traffic volumes in the intersection do not warrant signalization and cannot be expected to increase to the extent that warrants are met within the foreseable future. It is our opinion based on our knowledge of this area, an examination of existing roadway and traffic conditions and a projection of traffic volumes that approval of a special exception for construction of an elderly housing development as described on this site will not result in traffic hazards nor traffic congestion and that the highways in the vicinity of the proposed land use are adequate to accept the projected traffic with safety. We appreciate the opportunity to present our analysis and shall be available as may be requested to present our findings to appropriate South Windsor officials. Very truly yours , F. A. ESKETH & ASSOCIATES, INC. W ederick A.' Hesketh, P.E. R EXHIBIT B, Page 2 C0,00ve 2C cog CAPITOL REGION COUNCIL OF GOVERNMENTS 214 MAIN STREET— HARTFORD, CONN. 06106 Tel. 203 522-2217 DANA S. HANSON EXECUTIVE DIRECTOR TOWN PLANNING AND ZONING COMMISSION REPORT ON ZONING REFERRAL # 84/ 101 TOWN OF SOUTH WINDSOR FEBRUARY 2 , 1984 Commissioners : Receipt is acknowledged of the above- numbered referral . Notice of this proposal was transmitted to the Planning Division of the Capitol Region Council of Governments under the provisions of Section 8-3 (b) of the Connecticut General Statutes , as amended . The referral involves : amendments to zoning regs . , in Sec . 1 - Definitions and Sec . 4 - Use Regulations . COMMENTS : The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns . Questions concerning this referral should be directed do Mary Barnes . In accordance with our procedures for reporting on routine referrals , no further action will be taken unless specifically requested by local officials or Regional Planning Commission representatives before 2/29 . The public hearing date is scheduled for 2/7/84 . DISTRIBUTION: Respectfully submitted , TPZC : S . W. Barbara Surwillo , Chairman Planner : Htfd . , Windsor , Frank Dzurendal, Vice-Chairman E .W . , Ell . , Vernon , Regional Planning Commission Manch . , E . H . Jane A . Beau ] i�eu Clearinghouse Representative A VOLUNTARY COUNCIL OF GOVERNMENTS FORMED TO INITIATE AND, IMPLEMENT REGIONAL PROGRAMS OF BENEFIT TO THE TOWNS AND THE R GION. I, PLANNINC & ZONING COMMISSION FEBRUARY 7 , 1984 PUBLIC HEARING AND SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Gilligan , Sorenson , Sorosiak , Conde , M sher , Smith , and Montana (present on the Balf Company application only) A TERNAXES PRESENT: Hallowell (sitting for Montana during Deming Hill D Associates Public Hearings and Special Meeting) ; 16 V11 Klenke , Goodwin al notice as it appeared in th Journal The sec�Y e y read the leg pP Inquir copy of which is attached hereto . 1 lication of The Balf Compan for an open space subdivision n an RR Zone, known. as Savin Woods , Sections 2 and 3 , located between Nevers and Abbe Roads Attorney Edwin Lassman of 111 Pearl Street , Hartford, waspresent on behalf of the applicant and stated they are asking for approval of Sections 2 and 3 consisting of 12 and 14 lots respect vely . This subdivision is located between South Ridge Estates and Wood Pond , and 16 lots in the first section , together with the roads , have already been improved . The water system, drainage and sanitary sewers have been approved , and La Cava Construction. Company is buyin all 42 lots . Peter DeMallie , Planning Director , reported that at the request of the Commissio n the Environmental Review team made a study of this area , and copies of the report entitled "Nevers Road Open Space , Dece-mber 1983" have been distributed to the Commissioners for review. Mr . DeMallie suggested the applicant submit an open space improvement plan including land restoration and planting of trees and shrubs , as well as the access points . He also indicated that a conservation easement may be required for the corner near the Covensky property . Town Engineer Martel reported that he would like a complete construction inventory for purposes of determing a bond , and it should include work which has been done and has passed inspection as well as work remaining to be done . No one in the audience spoke in favor of , or in opposition to this application. Commissioner Conde raised a question about the open space and it was determined that a new deed for the adjacent Wood Pond open space would be required . Mrs . Montana asked why the applicant is seeking approval of Sections 2 and 3 when Section 1 is not completed , and Mr . Lassman replied that LaCav a feels they can market the subdivision better if all the lots are available . Mrs . Montana noted that the Commission ouldn ' t have much control , but Mr . Lassman explained that the Commission has over $100 , 000 in bonds . She then asked about a very large tree that had been mentioned at the public hearing some months ago , and Mr . Lassman said it is located in the open space area and will not be touched . He also informed the Commission that the Conservation Commission was very specific in requiring the open space area to remair i:: its natural f orm. Planning & Zoning Commission -2- 2/7/84 Mr . Robert Kaye of The Balf Company was present , and informed the Commission that sanitary sewers have been installed on Riverside and they are now working on Rockledge , and then hope to proceed to Garnet Lane . 2 . Application of Deming Hill Associates , Inc . toy;tAmeazd the Regulations to permit Adult Housing I ` Attorney William Grace , with offices on Oakland Road in uth Windsor , ' was present on behalf of the applicant . Also present for trip hearing as well as the following one , were Harold Cummings , Richard l., K 1�, Frederick Hesketh and Jules Page . � , Attorney Grace passed out copies of a summary of the proposed �- amendments (attached hereto marked "Exhibit A" ) , which outlined his remarks concerning the amendments . Mr . Grace emphasized that by permitting adult housing as a Special Exception , the current AA-34 zone will remain . He noted that a Special Exception is one of the most controlled uses in zoning , and if it is granted for elderly housing and then not used for elderly housing , the use can be stopped . After reviewing the attached outline for the Commission , Mr . Grace referred to a motion which was approved by the South Windsor Housing Authority on November 17 , 1983 , which stated: ".The South Windsor Housing Authority feels that there is a definite need for this type of housing in South Windsor ; that this need is not being met at the present time ; that this is a marketable concept ; and that South Windsor Housing Commissioners are in favor of such a concept as the one presented . The South Windsor Housing Authority would request that before the final plans are adopted they have a chance to review the concept in its entirety again. " Mr . Grace also referred to the structure of the proposed Deming Hill Planned Adult Community , Inc . which is outlined on Pages 6 and 7 of Exhibit A, attached hereto . Gregory Montana, the architect for this project , stated that these units will be geared to adults who do not qualify for subsidized housing and are the "empty nesters" who have no place to go . He noted he has reviewed similar housing in surrounding communities , such as Avon , Sim.bsbury , Farmington and East Hartford . They are successful because they have been developed with low density , smaller units , mostly on one level , have adequate buffering , and have security - both interior and exterior . They successful ores are :cell lighted , and have garage parking , although the garages are not attached because of accoustics . Mr . Grace reported that East Hartford does not set a limit on age , but allows non-profit organizations . There are currently 548 units in East Hartford , plus another recently approved complex , and they are still 3 years behind in housing for people who want to live there . Planning & Zoning Commission -3- �/ 7/84 Mr . Grace noted that the reason an age limit is set at 62ion some of the developments , is because of Federal funding. Mr . DeMallie , Planning Director , reported that currently there is no definition of elderly in the regulations . He clarified with Mr . Grace that children would be permitted in the proposed development as long as one of the owners is over 55 years . Mr . DeMallie said he recommends the following changes in the regulations : Parking should be increased from, . 25 spaces per unit to 1 . 5 ; density should be decreased from 21 . 78 units per acre to 8 units per acre (applicant is proposing 4 which is the lowest in the State) ; square footage of 350 s . f . jis way too low and should be increased ; buffers should be established (a{pplicant is providing 50 ' buffers in the next application) . Mr . Martel , Town Engineer , stated he has no Comments concerning the change in regulations . Milo Dayton of Sullivan Avenue , Joan Cummings of 716 Deming Street , Fred Ducek of 2093 Ellington Road , and Mrs . Stead all sp ke in favor of the proposed changes , citing the reed for such housin . Joseph Cattarino of 3 Deming Street stated he is opposed to the use of the word "adult" rather than "elderly" , and plans to 4ppeal the Commission ' s decision if it is approved . Leonard Bornstein of Cinnamon Springs stated he feels these people could be in condominiums , and this is opening the door t low cost housing , and not too many years ago developers came to t e Tewn for Section 8 housing . Christina Spock of 65 Edgewood Drive asked how this is different from condominiums , and said she is not opposed to elderly housing but does not see need for a change to provide "adult" housing . Mr . Bob Downs of 29 Farmstead said he is building a house on Deming Street , and technically any number of people could live in the proposed units . Mr . Edward Graney of 315 Deming Street said he live-- acros.- the street from the proposed developed , and does not want the zone changed , but thinks it would be all right to permit this housing if the zone is not changed . j Commissioner Hallowell said he thinks what the applicant is asking for can be put in an MF-A zone , and asked what the diff rence between an 800 s . f . unit in an MF-A zone , and this proposal is . Grace said this town has 17 , 000 + people , with only 30 units for Mr . P P y elderly housing, and he thinks what they are proposing ' s vastly different from an MF-F use . Mr . Hallowell said he doesn ' t think his question has be n answered , and the only difference he can see is that a zone chang is not required . Planning & Zoning Commission -4- 2/7/84 Attorney Cummings said that with a special exception the use is locked in , and not only the applicant . If the zone is changed, and a condominium for over 55 adults is built , it could later be charged for those under 55 . Mr . Conde said these amendments are for the entire town , and not just this site . He said he thinks there isa need for housing for the elderly , and added that 350 s . f . is too small and should be changed , and also the acreage could be changed . Mrs . Smith asked who will run the project after all the units are sold and occupied , and Mr . Grace said it will by run by a Board of Directors of a non-profit corporation according to Federal and State laws . Mrs . Smith asked if they could change the by-laws , and possibly permit other than elderly , and Mr . Grace said that would be in violation of the Special Exception granted by this Commission. Mrs . Klenke asked at what point the property would be taxed , and Mr . Grace explained it is always taxed , and outlined the differences between a non-profit and religious/charitable corporation . Mr . Conde noted that with a Special Exception it would be best to leave the regulations at s minimum and let the Commission use its judgement on each matter , otherwise they could get trapped by their own. regulations . Chairman Gilligan asked why the age of 55 was set , and Mr . Cummings explained about the Internal Revenue Service ' s special rules for those over 55 who sell their homes , and how they are not required to pay taxes on the first $125 , 000 of their capital gains . They are assuming many Of their buyers will be people who sell their homes and want to move into a smaller , maintenance free unit . There being no further questions, Mr . Gilligan stated the Commission would take 4 fire minute break and then resume the public hearing on the second application of Deming Hill Associates . Mrs . Joan CummingS. submitted a petition to Mr . Gilligan in favor of the proposed changes to the regulations which was signed by 15 persons . 3 . Application of Deming Hill Associates , Inc . , for a Special Exception to Section 4 . 1 . 11 for approval of a General Plan of Development for Adult Housing , located on 15 . 5 acres on the north Side of Deming Street , east of Buckland Road and south of Oakland Road , AA-30 zone . Mr . Gregory Montana began the presentation on this application by stating that this property is unique in that there is a substantial drop , a hedgerow of existing trees , and strawberry field nearby . He noted that in developing this property an extensive study of other successful adult housing was made . He noted that the lots surrounding this site ::ere considered and it was designed with a low profile so that it would not cut off the view of the neighbors and there is low density with a lot of open space . They talkEd with the fire , police Planning & Zoning Commission -5- 2/ 7/84 and ambulance people about the read layout , which will bE an extension of Felt Road to Oakland Road . There will be 8 , 6 , 5 and units in the buildings . There is a 50 ' setback on all property lines and in many instances the buildings are set back 65 or 70 feet . l They are proposing a Colonial design , and two-thirds of the unitslwill be 1-bedroom, with the remaining one-third 2-bedroom units . l Mr . Montana said their research indicated that an open-type plan where a person could walk in and see the entire area at once has been m re successful . There are two different types of both the 1 and 2 bedroo units , an-, fireplaces , garages and completed basements will be optional . Only one building has 8 units , and the others are all smaller , They will provide wood shutters , French doors rather than sliding lass doors . Mr . ?ules Page of Page Engineering, Inc . referred to the plans and pointed to the site on the key map . He noted them is an A-2 survey of the property with contours from the MDC map and there is approximately a 45 ' drop in the elevation from south to north. Slopes average around 5% , although in the northeast corner them are some slopes approaching 15% and they comprise about 3% of the site . Sheet #3 shows the abutting property owners , and Sheet #4 is the layout and phasing sequence . The principal street emanates from Felt Road . The Fire Marshal and town staff have approved the layout of the road . Phase 1 has four buildings with 27 units and a communit3 building . Phase 2 has three buildings with 21 units , and Phase 3 has four buildings with 24 units . Page 5 of the plans shows the extension of Felt Road approved to Town specifications from Oakland to their street which includes sewers , water , curbs , drainage and idewalks , which will provide access to the shopping center from th s site . Some landscaping will be provided along Felt , including cod quality street trees . Page #6 of the plans shows a typical lan scaping plan and the data block . Mr . Page noted that if this Ge eral Plan PP y is approved b PZC , they will go into more extensive landscaping on the site plan . Mr . Page noted that they are proposing 72 units in this A -30 zone , with 4 . 64 units per acre , and impervious coverage is 21°o Water will be provided by Connecticut Water Company . The drainage is preliminary at this time and when the detailed site plan is prepared more intensive calculations will be made . Sewers will be constructed to Town specifications . Storm water will be discharged across the Church ' s property into a ditch along Buckland Road . Mr . Frederick Hesketh of F. A. Hesketh & Associates , Inc ' referred to his report dated December 19 , 1983 . and reviewed it in d tail for the Commission . The report concludes on page 1.4 and page 1-5 , (copies of which are attached hereto marked "Exhibit B" ), that that approval of a special exception for construction of an elderly ho lsing development as described on this site will not result in traffic hazards nor traffic congestion and that the highways in the vicinity, of the proposed land use are adequate to accept the projected t affic with safety . " Mr . Richard S . Kelley spoke to the Commission regarding the need for this type of housing , and noted that this is a $3 . 5 million project . Planning s Zoning Commission -6- 2/ 7/84 Attorney Grace concluded by sating that he hoped the Commission would act in this matter quickly , and not go through a year of study . He noted that the applicant does not own the land , the Church does , but they have an option . Mr . DeMallie reported that the real traffic problem will be coming out of Birch Hill onto Oakland , rather than from. this development . A resubdivision will be required to create the 15 acre lot , and site plan approval will be required . He noted that the Town Plan does not specifically address elderly housing . The Fire Marshal has approved this plan . Mr . DeMallie said there are only. 30 units of elderly housing in Town for over 17 , 000 residents , and he thinks there is a need , regardless of whether the age is set at 55 , 62 or 65 . The applicant did a pretty good job in designing this development . Town Engineer Martel said that on future site plans , the existing Felt Road should be shown as being improved to Town standards and this should include drainage . The sanitary sewer laterals for the existing residences on Felt Road should be upgraded and connected to the proposed sanitary sewer system. The future site plan should show existing field conditions as taken in the field and all improvements should be based on these existing conditions . It should also show the sanitary sewer right-of-way that now exists on Deming Street , and horizontal coordinates and a bench :nark should be included , as well as corner and property points . Mr . Martel said he would also want a plan and profile of the proposed design on Felt Road and the principal street be included in the site play. design . No one-spoke in favor of the application , and Mr . Bornstein of Cinnamon Springs spoke stating that he didn ' t think two-bedrooms are necessary for elderly housing , if this is , in fact , elderly housing . Mr . Grace noted that people may desire a guest room, and Mrs . Joan Cummirgs said that before her husband died it was necessary for him to sleep in a second bedroom because he was on oxygen . Joseph Cattarino of Deming Street said he felt going into the units from detached garages could be hazardous , and there should be some protection for the elderly . Bob Berle of 170 Valley View Drive stated he is representing several people from Felt Road, including his mother at 82 Felt , his sister and her husband , Joan Sullivan , at 56 Felt , and his brother who resides at 74 Felt Road . He noted these homes are located right at the entrance to the proposed development and they have some concerns , since the only access road comes right out in front of his mother ' s house . Right now there are only two or three cars a day on the road , and now they estimate there could be 400 cars a day . He noted the density proposed is three to four tires that of an AA-30 zone . He noted they endorse the concept of elderly housing , but thinksthe signalization of Felt and Oakland is an abs--lute necessity , and thinks the Town should require an upgrading of that intersection if they plan to allow an additional 400 cars a day at that intersection . They also have concerns about water run-off even though they intend to drain to the west and they are located on the east . They would like assurances Planning & Zoning Commission -7- 2/17/84 1 l after construction is completed that water will not drain to the Land east of Felt Road . Mr . Berl, continued that the question of ingress and egress is important and they support dual ingress and egress , either onto Deming or Buckland Road . He said the entire burden of access should not be borne by Felt Road . Nancy Braender of 83 Elizabeth Street said she thinks there should be two spaces per unit . Attorney Grace said that he would like to comment on the dual access and they considered continuing Felt all the way through tq Deming , however , that would permit all the traffic from Birch Hi 1 to go right through to Manchester , and traffic would be muc more substantial . Commissioner Sorosiak said she is concerned with 40n� add tional trips per day at this intersection with poor line of sig. t , and Mr . DeMallie said that the professional traffic engineer said that this intersection didn ' t qualify for 4 light , and the li. e of sight for the people coming in and out of the new part o the Felt Road Extension is adequate . It is the people coming dow , the other side of Felt Road, out of Birch Hill , who have the problem. Mr . Mosher noted that the regulations would permit more tear. 72 units , and Mr . Sorens.-n questioned the Community Buildin ' s location , and Mr . Page explained that it will be located in the wa k-out basement cf a building in Phase I . ., Mr . Conde asked 11.pow long the interior road is , an..,a Mr . P ge said it is a loop street , about 2 , 500 feet 'long , and the Fire Ma steal is satisfied with it . j Commissioner Conde then asked if it mattered whether the name of the development is "adult" or "elderly" , and Mr . Grace said they were concerned that the connotation. "elderly" makes people think that it is for 62 and over , because of State and Federal funding. As long as 55 is allowable , they have no objection to the wording "elderly" . Commissioner Hallowell said he does not have a personal objection to this development as un adult commu::ity , but does not think the applicant has demonstrated tonight why this can ' t be done under the MF-A regulations . Chairman Gilligan noted for the record that CRCOG reported they had no concerns regarding the amendment . He then asked if the applicant would be willing to cont ibute to the improvement of the intersection. of Oakland and Felt , an after a brief discussion Attorney Grace and Mr . Kelley said they would try to work this out . Mr . Gilligan said the detention basin i ' off-site , and Mr . Grace said they would provide easements to the own . There being no further comments the public hearing was adjourned . I Planning and Zoning Commission -8- 2/ 7/84 SPECIAL MEETING New Business 1 . Application to be officially received Kurtz- Brothers Mrs . Smith made a motion to waive Article XI , Section 1 of the By-Laws in order to officially receive the application of Kurtz Brothers Realty for a site plan of development for Lot #29 , Parkcentre , located on the west side of Savi^^. Drive , and that a public hearing be scheduled . Mr . Sorenson seconded the motion and it was unanimously vcted in favor and so ordered . Respectfully submitted , � r J �',r-!L C__s-- -�--- ?'`--" •}, ,,r _-vim./,.tom', Virgrinia /S . Graney, Recording S c/.retar:, V APPROVED : rV Act, XAAIp aeoee P V. em ft Planning and Zoning February 7 , 1984 I ADULT HOUSING "Community of Interest" i PROPOSED AMENDMENTS TO ZONING REGULATIONS A. To add "adult housing" to existing elderly regulatio 1. Add definition - "Housing for people 55 years o age, or older, which housing shall be limited by Sec 4 . 1. 11 of these regulations. " B. To allow development on land owned by "non-profit organization" 1. Presently defined in zoning regulations - 1. 14b - "an organization exempt from Federal Income Tax and r Sec. 501 (c) of Internal Revenue Code. " 2. In addition to development allowed on land owne by Town C. To allow filing of application b "non-profit organi ation" 1. In addition to applications allowed by South Wi dsor Housing Authority D. To provide in the approval process the submission of a general plan of development (Sec. 4 . 6 . 4 . 9) 1. If general plan approved, site plan must be approved as presently required by 4 . 13 Remarks on Proposed Amendments -- Special exception is a special use which allows Commission control -- No change of zone is necessary - zone remains the same -- Each Application under this section must complete two-step approval process with Planning and Zoning: (a) general plan of development (b) site plan approval -- Requirement for submission of general plan of development is added to existing procedure thereby creating greater input of Commission -- Each Application will still be subject to review by Inland Wetlands; Conservation Commission; Water Pol- lution Control Authority, etc. -2- A. ADULT HOUSING 1. Will satisfy need for a special type of housing 2. Amended regulation will allow an "adult housing" development 3. At least one owner/tenant must be age 55 or older 4 . Adult housing will allow residents who wish to remain in South Windsor a new choice of housing 5. Adult housing may solve problems of owning a large home such as : (a) high expenses (b) maintenance of large yards (c) snow removal 6 . Adult housing can allow greater freedom due to relief from chores 7 . Adult housing can address medical or physical difficulties thru special construction 8. Adult housing will satisfy the desire to be with people: (a) of the same age group (b) with similar interests 9. Adult housing will provide security for its residents: (a) personal (b) emergency 10 . Adult housing can stabilize living expenses 11. Adult housing located near shopping, churches and personal service facilities will provide convenience for residents 12. Adults desire to remain in the same church or synagogue 13. "Community of Interest" provides companionship and mutual care NOTES/COMMENTS : -3- B. NON-PROFIT ORGANIZATION MAY OWN LAND AND OPERATE AN ADULT COMMUNITY 1. Will be in addition to any development on land owned by Town 2 . Town has not set aside land or planned for more housing 3. Non-Profit organization under Internal Revenue Code requires that organization be for benefit of members without profit to any member 4 . Organization will be non-stock with residents having voting rights 5. Land may be purchased and developed without need for governmental funds 6 . Land will be subject to Real Estate Taxes of Town of South Windsor 7 . Land must still satisfy requirements of Zoning Regulations as to: (a) location (b) nearness of shopping (c) nearness of services for adults (d) nearness of church or synagogue NOTES/COMMENTS : -4- C. NON-PROFIT ORGANIZATION WILL BE ALLOWED TO FILE APPLICATION FOR ADULT HOUSING 1. Requirements of Internal Revenue Code Sec. 501 (c) must be met and Commission given proof 2. Non-profit organization will be a Connecticut Non-Profit, Non-Stock Corporation 3. Board of Directors of organization shall have general charge and management of the affairs, funds and property of the corporation 4 . The organization' s bylaws will establish a Board of Directors to operate adult housing 5. Board of Directors will establish rules and regulations to insure continued operation of the community as adult housing 6 . Corporation shall have right to repurchase any housing unit to be sold if the purchasers do no qualify under the Rules and Regulations -------------------------------------------------------------- ---------------- NOTES/COMMENTS : D. GENERAL PLAN OF DEVELOPMENT 1. Applicant will be required to meet the requirements of Sec. 4 . 6. 4 . 9 of the regulations 2. Commission will be supplied with informa- tion to allow greater input at an earlier stage of development 3. Applicant - if approved, will be required to complete and file a site plan in accordance with Sec. 4 .13 ------------------------------------------------------------- --------------- NOTES/COMMENTS : LEG4 NOTICE LEGAL N TICE TOWN F ! UTH WINDSOR Z NING BOARD F APPEALS Notice Is hereby given that there will be public —6— hearing of the Zoning Board 4of Appeals on Thursday. February 2,1991 at 7 30 p m In the Council Chambers of E. NEED the South Windsor Town Hall, 154 Sullivan Avenue. South Windsor, to consider the following 1. 1980 census statistics indicate the average Berbera Application eone.. 7 g Barbers B Leone. 707 Never% Road, reauests a age of the town population is increasing ;variance to sections 52 of 'the Zoning Regulations to al- low a building closer to the side line than permitted on 2 . 9% of Townf s population is age 60 or older property located at 707 s Road, compared to 5% age 65 or older w in (A-20 Zone)South Application OIS37-04 — Mac Donald H and Nancy 4ran 3 requeestst a a two-year t em Between 1970 and 1980 number of Connecticut B2Sunset o - r •1 porary and conditional residents age 65 and older grew 26 . 3 o permit for an family' apartment at property known as 22 Sunset terrace. South Windsor (A-20 Zone) 4 . CBS "60 Minutes" showed 35 0 of Nation will Application 01530-94 - Helen Logan Welch,3 Mur- be 60 years or older in 16 years ray Road, requests a two- year temporary and condi- tional permit for an in-fami- ly apartment at property 5. Hartford Courant articles on Elderly indicate known as 3 Murray Road. a larger number of older citizens with housing south Application (A-2o-04 Application 1153►-..1 — a major concern - specific desire to remain in ��^ P.d,Sut Windsor Road,South Windsor requests a variance to Sac- their own Town tion 5.2 of the Zoning Re- gulations to allow construc- tlon of an attached garage to within 35 feet of the front 6. Recent ZBA hearings on subject of in-family property line on property .located at 2I66 Ellingtor apartments (See Notice) Road, South Windsor (RR Zone) Application 0154044 — 7 Wapping Mews provides 30 units • waiting list Sand J. Gi gad, e.South pp g p r g Windsor Hill Road. South eQUlSi%renewal Of exists a temporary and conditional permit for an on-family apartment located at 2.0 Sand Hill Road, South 8. Federal moneyand State money seems limited Windsor IA.3o Zone Y Copies of these applica- tionsfor future developments oareonfflean erahe tfhe P of the Town Planner at the South Windsor Town Hall At this hearing interested 9 . Housing Authority Motion: (See Exhibit "B") parsons may appear and be 1%aard and vrrrlftM ►eCOm- rn9ndations will be ►e- ,plv.d "The South Windsor Housing Authority feels that there Robe.Cai Warren, is a definite need for this type of housing in South �, ZONING BOARD yp g OF APPEALS Windsor; that this need is not being met at the present ;�uary21,1"4 time; that this is a marketable concept; and that South 14an"- 70,114 Windsor Housing Commissioners are in favor of such a concept as the one presented. The South Windsor iousing Authority would request that before the final plans are adopted they have a chance to review the concept in its entirety again. " 10 . Special design of buildings provides: (Gregory Montana - Architect - See Exhibit "C") - safety features - hand rails, special tubs, non-skid surfaces - parking availability - low buildings, less steps, easier movement in and out - special features for handicapped - heating features - pull cords and/or emergency buttons 11. Experience of Area Towns (a) East Hartford (b) Vernon - Wells Village (c) Ellington -7- F. COMMISSION'S CONTROL OF DEVELOPMENT 1. Special exception requires application must continue use as approved or be in violation 2 . Commission control and review at numerous stages: (a) Application must be received and accepted (b) General plan of development and supporting survey, studies and documents must be approved (c) Site plan with detailed requirements must be approved (d) Bonding may be set by Commission to insure compliance (e) Phasing of development insures plans are followed (f) IRS approval of non-profit status will be supplied to Commission (g) Documents of Incorporation as Connecticut Non-Profit Non-Stock Corporation will be supplied Commission (h) Rules and Regulations, and Bylaws, of Non-Profit Organization that limit use to Adult Housing will be supplied to Commissi n (i) Residents will have voting rights and be involved to oversee operation of Adult Co unity (j ) Documentation that Organization has right to repurchase to insure operation as Adult Ho sing will be supplied to Commission Summary -- We ask approval of proposed Amendments as they: 1. Satisfy a need 2 . Provide Commission with substantial control of development 3 . Provide Commission with proof of safeguards to insure continued operation as Adult Housing Community EXHIBIT "A" DEMING HILL PLANNED ADULT COMMUNITY, INC. I . STRUCTURE A. Non-Profit Connecticut Corporation B. Nine-member Board of Directors 1. Self-perpetuating; 2. Directors must be at least one (1) of the following: (a) Resident of South Windsor; or (b) Member of Calvary Church; or (c) Reside within Deming Hill Community C. Certificate of Incorporation and Bylaws must comply: 1. With the laws of the State of Connecticut; 2 . With the requirements of South Windsor Zoni g Regulations; 3 . With Sec. 501 (c) of the United States Internal Revenue Code II . PURPOSE A. To take title to the real estate on which the Deming Hill Adult Community will be located; B. To oversee the construction of the improvements o the real estate, as may be approved by the Planning �nd Zoning Commission; C. To adopt Rules and Regulations to insure that the original intent of the community is preserved, i perpetuity; D. To operate and manage all aspects of the communi y indefinitely into the future III . ORGANIZATION AND POWERS A. All powers allowed by State law; to own, manage, lease and/or sell and convey real estate or any interest in real estate 1. To contract for the construction of the site improvements and buildings; 2 . To contract for the management and maintena ce of the community and all improvements B. Exempt from Federal Income Tax on monies received, but will be liable to the Town of South Windsor for local real estate taxes on buildings and improvements C. Similar in concept and powers to the South Windsor Housing Authority, except: 1. Directorships self-perpetuating and not appointed by South Windsor Town Council; 2. Construction entirely financed with private funds; 3. Management by private, not public, agency EXHIBIT "B" SOUTH WINDSOR HOUSING AUTHORITY REGULAR MEETING November 17, 1983 The regular meeting of the South Windsor Housing Authority was called to order at 7:36 p.m. . Present were Commissioners Ahearn, Brouwer, Brown, O'Hare a d Executive Director, Anne Conde. Commissioner Osborne arrived at 7:50 p.m.. The minutes of the October 20, 1983 meeting were accepted as received. CORRESPONDENCE Newsletter from the Housing Coalition for the Capitol Region Letter from Meisha Kreisberg, Director of Section 8 Existing Housing/I agineers Letter from William Hernandez, HUD Manager, discussing Fair Market Ren s Letter from Diane Taylor, Director of the South Windsor Public Health ursing Association concerning a proposed visit. Public Participation - There was none EXECUTIVE DIRECTOR'S REPORT Presentation 'of Bills/Vouchers S.N.E.T 7.95 C. L. & P 1 8.29 C. L. & P - street lights 0.53 Argo Industries - knobs for thermometers 7.60 Windows and Doors - doorsweeps 4.00 Financial Report Money Market Account 0010820 129423.12 interest paid to date 995.48 Certificate of Deposit 217 0138 339 rate 10.65% (18 months) 14,002.02 matures 3/2,185 Certificate of Deposit 0217006 8817 rate 8.9% ( 6 months ) 139 506.11 matures 11/22/83 1 Certificate of Deposit 021 7013 3652 rate 9.8% (18 months) 119497.90 matures 12/7/B4 Certificate Interest Account as of`11/15/83 ' 021 7011 4512 691 .97 121 7013 4908 312.91 Project Account (NOW) as of 11/1/83 1 ,009.63 interest to date 173.22 f 53,443.86 Minutes of the South Windsor Housing Authority November 179 1983 -2- SECTION 8 Section 8 Savings Account (NOW) 19863.40 interest to date for '83 84.54 Section 8 Checking Account 10/31/83 2,166.10 AUTHORITY BUSINESS 4049.50 The Director was instructed to have the Custodian install slip resistant material (lath boards) to the toolshed ramp. The Commissioners gave permission to go ahead with the planning of the annual Christmas Party. They suggested that the next regular meeting night, Thursday, December 15, 1983 would be the most convenient. Each Commissioner offered to bring food to help with the quantities of food that are needed. Commissioner Osborne f It that the Bank, First Federal, might be willing to provide small gifts for each resident. The Commissioners suggested that the planning for a new bench on the west side of the Complex be placed on the April agenda. Th Director informed the Commissioners that a Management Review has been scheduled as a part of the Department of Housing's ungoing, update program. It is one of 33 such Reviews scheduled. The Housing Authority has not received an actual date for the inspection. The Director also informed the Commissioners that (at her own expense) she has joined the National Association of Housing and Redevelopment Officials (NAHRO). This does not require time missed from working hours since the meet ng tak w. place in the afternoon. OLD BUSINESS The Commissioners were informed of the death of tenant, Annabel Canning and per- mission was granted for an6ther tenant, Madeleine Parentesu to move into the vacated apartment. The apartment is located in the front of the Complex and will be easier for access since the tenant has a degenerative bone condi ion. Permission was granted for the Director to take money from the Gift Account to purchase refreshments for the visit from the Public Health Nurse on 11/29/83. The Commissioners were informed that Robin Browne from Northeast Utilities had been called in at no charge to the Housing Authority. He checked the water temp- erature of the water coming from the tap in the individual spartmen s. It was found that the sett_ng on the water heater could vary as much as f/ 10 o from the actual temperature at the tap. The theremostats were recalibrated. Section 8/Imagineers had requested that the Commissioners ask for si extension of the audit to cover a three year period since the actual audit would not commend until the start of 1984. They felt this would give us a three year audit for th approximate cost of two years. The Commissioners agreed with the request. The Director informed the Commissioners that she had spoken directlV with a Mr. Dwyer of James Insurance Company and asked him, again, to provide tie Authority with a copy of the policy for the Fidelity Bond policy. Mr. Dwyer i formed her that the actual policy had not yet been drawn up. He assured her he would for- ward a copy to her as soon as it was formulated.Thirty-two of the eighty-thr e eligible Housing Authorities had already signed up for the program - sigt unseen. Minutes of the Nobember 17, 1983 meeting of the South Windsor Housing Authority -3- NEW BUSINESS Th matter of the Audit was tabled until the December meeting. Under new business, the Commissioners agreed to add a request to th agenda offered by Commissioner Brouwer. He asked that railings for the apa tments be considered. He mentioned that many of the elderly tenants experienced difficulty getting up the 8" rise of the front step. It was felt that a step or handle could alleviate the problem. While some of the Commissioners felt that it might be the wrong time of the year to begin such a venture, Commissioner Ahearn said that he would speak to Mr. Sladyk, the hardware man, to get an esti ate on what might be involved in putting railings on each apartment. mi The next item of business was a proposal from Attorney H. Cummings. who represented a group seeking a Planned Adult Community Apartment Complex. Mr. Cu mings represents the corporate financial interests of the group. He was accompagnied by J. Page, Project Engineer; W. Grace, Esquire, Attorney for Planning and Zoning matters; G. Montana, Architect; R. Kelly, Contractor; Mrs. Cummings and Mrs. Stead members of the Advisory Panel. Mr. Cummings began the presentation and each of the other m mbers of the group contributed h1s expertise as the questions came up. It i to be a complex of 70 units of one and two be apartments. The plan will be presented to the Planning and Zoning Commission in December. The purpose of meeting with the South Windsor Housing Authority was to keep them informed of the plans and to see if they had any input or constructive criticism of the initial plans. The total presentation lasted one hour. The Commissioners had many questions concerning the setting up of a 501 c / non-profit corporation as well as the set-up, running and leasing (both short and long term) of these units. After all the questions were answered to their satisfaction, the Commissioners proposed the following MOTION to be considered as the sense of the Housing Authorit: s feeling about the Presentation: The South Windsor Housing Authority feels that there is a definite need for this type of housing in South Windsor; that this need is not bef g met at th present time; that this is a marketable concept; and that South Windsor Housing Commissioners are in favor of such a concept as the one 3resented. The South Windsor Housing Authority would request that before th final plans are adopted they have a chance to review the concept in its anti ety again. The motion was made by Commissioner Ahearn and seconded by Commissioner Brown. It passed unanimously. There being no further business to come before the Commission, the meeting adjourned at 9:32 p.m. . Respectfully submitted, Ann Conde EXHIBIT "C" * PROJECT ARCHITECT GREGORY LOUIS MONTANA & ASSOCIATES ARCHITECTS AND PLANNERS GREGORY LOUIS MONTANA * REGISTERED ARCHITECT * LICENSED TO PRACTICE - CONN. MASS . NEW YORK * EDUCATION: CLASSICAL HIGH SCHOOL - 1952 SPRINGFIELD, MASS . PAUL SMITH 'S COLLEGE PAUL SMITH 'S, NEW YORK GRADUATE - AAS - FORESTRY 1954 SYRACUSE UNIVERSITY 1960 GRADUATE - BACHELOR OF ARCHITECTURE * CAREER EXPERIENCE: Upon graduation from Syracuse University, Mr. Montana went to work for the internationally acclaimed architectural firm of Edward Durell Stone and Associates in New York City. Diaring the years at this firm he became an associate and worked on many multi-million dollar projects in the United States and Europe. The firm of Gregory Louis Montana & Associates was founded in 1970 in Hartford, Connecticut for the practice of Archi ecure and Planning. Since its organization, the firm has been in- volved as architects on a wide variety of municipal and private projects throughout the Northeast. Public Hearing held February 7 , 1984 by the Planning an& Zoning Commission of the Town of South Windsor . MEMBERS OF THE COMMISSION PRESENT : Chairman Robert F . Gilligan , David Sorenson , Florence Sorosiak, Robert Conde , Ralph Mosher , Dorothea Smith . ALTERNATES TO THE COMMISSION PRESENT : Raymond F . Hallowell , Jr . (sitting for Commissioner Marshall Montana, who disqualilfied herself from sitting on this application) , Barbara Klenke and Kernneth Goodwin . TOWN STAFF PRESENT : Peter R. DeMallie , Director of Planning and Richard Martel , Town Engineer Chairman Gilligan : Attorney Grace , I presume ou ' re going to represent the applicant? And , do you plan to go first through application two for an amendment to the zoning regulations , and then go right into application three? Attorney Grace : We ' ll leave that up to the Commission . Our plan was to go through the application for the amendments . Then , if the Commission or the public wanted to ask questions , that ' s up to you. And , then we ' d like to make a full presentation on the general plan . Whatever is your . . . . Chairman Gilligan : Yes . Attorney Grace : . . . . whatever is your preference . Chairman Gilligan : That sounds good . Attorney Grace : And , again , I 'm Attorney William Grace representing Deming Hill Associates . Deming Hill is the applicant and will be the applicant also and the developer under the second application tonight which is for the adult housing development . What I did, and I hope this will be easier for you , is to list the four amendments that we are proposing ; make some general comments in the beginning ; and then the outline each page follows one of the amendments , and then the last page are some thoughts that we have , and we even have a plce there you can make notes , questions , my spelling and grammar and everything else . To start off , we are asking for a definition to be added to the Zoning Regulations . In the front of the regulations it lists certain definitions . We would like to add housing . . . . or elderly , just the word elderly , and that to include housing for peoplei 55 years of age or older , which housing shall be limited by Section '4 . 1 . 11 , and that is the elderly housing section . The second amendmelnt we would like to propose is that land can be owned by a non,-profit organization . The present regulations say that the land must be owned by the Town of South Windsor . So , we would like to add that in . -1- The third change , amendment , is that we would like to have non-profit organization be able to file an application for adult housing . Present regulations - only the Housing Authority , an agency of the Town of South Windsor , can file that application . The last is that we would like to have in the approval process within the adult/elderly regulation a provision for a general plan of development „ so so that when the application is filed there is a general plan filed with it . I think the Commission and the Town is familiar with the ,procedure and likes it , so that they can get input in the beginning . then , after that , there is a general plan and the final site plan is 'j fled , so that you get really an additional shot in the beginning , rather than the existing regulations where you only get the site plan . I ' d like to explain one thing, and I know that the people here are very concerned about this one thing . The application that we have presented , or any application under this is called a special exception; referred to in other context as a special use ; It is now allowed in the zoning regulations only with the permission of the Commission . That use , when allowed - churches , schools , whatever else - there are many special exceptions built into our regulations . We have them in our industrial zone where there are special exceptions that you must file every detail . That special exception must be followed . If it is not followed at any time, the Commission can stop whatever is happening . There is no question . We are filing and asking for a special exception . It is one of the most controlled uses in zoning . Historically , it has been in zoning . Zoning ' enforcement , whatever arm that the Town has to make sure than that use remains as approved . So when we go through tonight we are talking about elderly housing , and it is allowed and it ' s for 55 year old and above . If that use changes tomorrow you can stop it . Whatever . . . . whatever happens to it . It must stay for the use it was', allowed . And, if we get anything else across tonight , that ' s what) we ' re talking about . There is no zone change . I ' ve written this outline so many times I think I can almost see it in front of mel. I thought -2- it was up here . There is no zone change . If the special' exception is granted and somehow the developer does not go ahead within his time , it ' s the same zone . The zone we ' re going to talk about - our second application where we think this is logical to be adult housing - is a double A-30 zone . It does not change any other zone in the area . It does not change that zonel,. It remains . So , there ' s no talk of spot zoning or anything else . It ' s the zone , A-30 , double A-30 , whatever it is . Adult housing , and we ' re proposing housing for the elderly , is allowed in any residential zone in the town . That ' s the way it was structured . So nothing changed . Again, on the first part of it we ' re', talking about the application . We ' re asking for a two-step process . We think that ' s a plus . You get a general plan filed with a good percentage of what you ' re looking for , and eventually a site plan . The second point : In zoning , if a site plan is filed , and again I ' m speaking not so much for the Commission , bul,t for the members of the public , if that site plan is violated , the second thing , the Commission, the Town , can stop that use . A siite plan is a specific approval by the Commission , by any town. Once it ' s filed and approved , if the use or anything changes , a violation of that site plan is an extremely strong control of the Commission . Okay? And, again, any application we file and we ' re saying there ' s no question it ' s subject to Inland Wetlands . It ' s subject to any other town agency so we ' re not changing anything . Now, and again, taking one of the amendments at a time and trying to run through some thoughts . I ' m talking not only my own thoughts , but all of us that have been working on this for months and months and months and we . . . . meeting , coming up with some of these thoughts . So , that ' s why we thought if we handed them to you and you could look at them - some of the ideas that we thought . One : Adult Housing . We think there ' s a need in South Windsor for adult housing . Other towns have it , and we think that , -3- and again , the third part is that people that have the large home - there is really no way they can go from the large 'home to something else . There ' s a gap . You maybe have elderly hous- ing , but what about somebody that wants to leave that large 15 or 1800 square foot house? Where do they go? That ' s , we thing , what this use can satisfy . We ' re proposing that in adult housing one of the residents/owner must be over 55 years of age . One . All right ? There is a possibility that somebody 55 could buy or rent the unit and might be married to somebody younger . The question is what happens if the older person dies ? Well , you ' re going to have somebody possibly younger than 55 living there . But , that ' s . . . . it is built to have somebody 55 to start with , in the unit , over 55 . Some of the reasons , and people we ' ve talked to , and people who have asked about it , why would they want adult housing? And , we tried to list some of them for you . Not only the large Douses , the expenses , the taxes , the upkeep , the snow removal . I� have two teenage sons and they ' re forever being asked by people in larger houses who are older to come and do their sidewalk and they ' re almost like on a retainer to do snow removal and so forth . I tell you , it ' s a burden, and I ' m sure some of the people here know it . You don ' t want to leave that house , but it is big . So , again , some of the concerns that we have . And , again , that naturally follows that if you don ' t have to do some of these chores or things you have more freedom. Maybe you have freedom to take a trip or something . The other thing is that if there are physical or other problems that you have and you want to leave the house that you have , and you can buy an adult house , say in a development like we ' re piroposing , maybe you need something different . Maybe you need a ramp , or you need less stairs , or you don ' t want two floors . I ' ve got a raised ranch , you know, and I would hate to think that I ' m there always going up and down stairs in a raised ranch . Maybe that ' s something you don ' t like . We have a tremendous amount of raised ranches and split levels in Town . I don ' t think that ' s quite -4- conducive to somebody who may have a difficulty with mobility . Other thoughts were security . People living together , smaller units . Greg Montana will talk later about some of the special design criterias that he ' s experienced in adult housing . Pull cords , where a light goes on , or pull cords where there ' s a . . . . a bell goes off , or something that could be designed that would be attractive to somebody as they get older . Living expenses . Living expenses could be reduced . There ' s no question about it . If you sold your house , maybe you could pay off the mortgage and have a little money in the bank and live a little easier . Adult housing : Our regulations still say it must be near shopping , churches and so forth . That ' s a plus . Many of the adults would like to remain in South Windsor and maybe continue to go to their own church or synogogue . Maybe they would like to stay next to their kids . A lot of reasons they ' d like to stay in South Windsor . Maybe this could satisfy that need. The first page . . . . came up with a . . . . I ' m not sure what you ' d call it . I call it a community of interest . Maybe that ' s what we ' re looking for . Not only the people in an adult community or a shousing for the elderly complex, but the people in the Town and everybody involved. The visiting nurses or whatever . A community of interest for the people in the Town . People living in developments like this . Companionship . Care for each other . Rides . Whatever . These are some of the thoughts we came up with as to why audlt housing. It ' s not a . . . you know, the entire list . I 'm sure there ' s others . I ' m sure some of the people here may have better ones . Whatever . But , that at least is an idea . What we thought why adult housing was a need . The second amendment ; that land may be owned by a non- profit organization . Now it ' s only on land owned by the Town of South Windsor . Understandably , it ' s very difficult for the Town to buy land . The money is not available . State money , federal money . When you talk about federal budgets andfunds drying up , the Town has a great difficulty in buying land for a development such -5- as this . We ' re talking about a non-profit organization . Attached to this is Schedule A, which outlines a non-profit organization . We ' re not talking just non-profit . We ' re talking about being classi- fied by the federal government , IRS , as a non-profit , which means that no member living there , whatever , there can be any profit . There is no question . We ' re not saying that when this is built to the developer and so forth , and when the land is finally purchased , that there isn ' t some profit made in developing it . We ' re not expecting you to be naive . But , when it ' s organized and running , it ' s run as a non-profit . Any money , whether it ' s leasedI or sold , or whatever , the monthly charges whatever , goes into an organization that is non-profit . The Commission will have proof of that , and I think any application under this reglulations that ' s part of your approval . Secondly , it is a non-profit Connecticut corporation . Non-stock , and the people living there have, voting rights . They ' re the ones that are going to control us . That ' s what we ' re proposing owns the _land. The land is subject , and the development is subject to real estate taxes to the Town of South Windsor . Non-profit organization does not mean it ' s non-taxable , so the Town does get tax dollars from a development of this type . So , don ' t confuse the two . Non-profit does not mean non-taxable . Then again , that this land must also meet any other criteria that the Commission wishes to the regulations . We ' re talking iabout nearness to shopping , church es , and so Forth , which are in the regulations now. The third amendment is that the applicant can also be a non-profit organization . Again, Internal Revenue Code , State of Connecticut corporation , non-profit - the most . . . . again this goes back to the special exception , special use . . . . . the most important thing again is that the Commission be concerned with - if you approve non-profit , this applicant and any other application , must supply to you rules and regulations . For example ; Parkview South , Chapel Hill , all the people that buy in there , in their deed , any condominium or what is now, there are different Statutes now, common ownership -6- Statutes , has in there , in the deed, a restriction as tolwhat you ' re buying . Anybody buys an adult housing unit buys it subject to the rules and regulations . They also buy it subject to by-laws . Those by-laws spell out the exact useage . How, you know, you can ' t hang laundry out the window, and so forth , are written , a couple of these . One of the things in there is that it must be used as an adult housing development . Within the by-laws, it has what is a right of first refusal , or a repurchase agreement , which means if somebody wishes to sell a unit they must sell it within the by-laws and the rules and regulations . If they don ' t,, it ' s invalid . They can ' t sell it because the organization has the right to buy it first , and they ' re saying you can ' t sell it unless you sell it to somebody, one of being over 55 years of age . That ' s your control . All right ? Not only the rules and regulations ; the special exception and the site plan . You ' ve got your controls as to the development . The last amendment . . . . again, you ' re very familiar with the town, it ' s general plan of development , we ' re on the go end of any application . You ' re supplied with architectural renderings . You 're supplied with several things that give you a better look-see in the beginning . If you like that , you approve that . . . the same as our multi-family regulations , you come back with the total plan . Everything done just the way the Commission wants it . So , that really is an add-on plus to the regulations now existing . The four amendments . Kind of brief , but we hope that the amendments itself are simple . We didn ' t want to destroy 4 good elderly regulation . It is good . It does work . So thoselare the four changes . Why adult housing? And, again we tried to give ' you a list of some of the things why we think this is a need that should be satisfied in the Town of South Windsor . One of them was the census . Did a little work in the census . 1980 - we find that the average age is going up . The average age now is 30 . 8 years . It ' s going up all the time . The percentage of population, the people -7- over 60 is nine percent . Over 65 is five percent . It ' s growing . The age lowering the number of people is increasing . These are 1546 - this is 1980 - who are over 60 years of age . Between 1970 and 1980 in Connecticut , the number of residents in Connecticut over 65 went up 26 . 3 percent . I was watching "60 Minutes"' the other night on Sunday , and I thought they were helping me with my presentation . They had a segment about growing old and elderly and so forth . They predicted that in 16 years from now, ,in the year 2000 , 35 percent of the people would be over 60 years ofage . That ' s their . . . . that ' s CBS . . . . that ' s their projection . But , anyway , a thought . Hartford Courant has run a series of articles the last month or so . . . . I don ' t know if you ' ve seen them. . . . about the area , and elderly and housing and so forth , and housing was one of their major concerns . Interesting to read in the paper the other night , the ZBA, their agenda is listed on the right-hand side . ' I copied it for you . There ' s like five things . Three of the things , the applications , are people asking for in-law apartments in ' South Windsor , with an adult family member that they want to live with them. There ' s three applications for a special two-year permit ' to do that . Again , indicative of a need . Wapping Mews , very successful . We know there ' s a waiting list , but it seems that 30 units for a ' town in excess of 17 , 000 people is a little on the short side . We know that federal money and state money is very difficult to come by . They ' re just not putting out money for these types of developments to assest the towns . When we first started , we went to the Housing Authority of the Town of South Windsor and we asked the, here ' s our proposal . . . . excuse me . . . made a presentation . Gave them prelimin- ary plans and we all told them what we thought and what we wanted, and that night they passed a resolution , or a motion . It ' s in their minutes and this is attached to our presentation , where they said there ' s no question . There ' s a need for this . The Commissioners were in favor of it , and they gave us this motion as kind of an assist and to let us know they thought it was necessary . It ' s something they couldn ' t do , but they were in favor of it . I mentioned before -8- that Greg Montana , as an architect , has done some work on ', units designed especially for adults and we ' d like to make a couple of comments. We also attached to the hand-out , Greg ' s history and credentials , so that you have an idea of something about his back- ground. Greg , would you like to make a . . . Mr . Montana: Greg Montana . Resident of South Windsor . I am an architect . We have done a national and local survey of adult housing in other communities in this area , and on a national basis . This is a specialized type of housing geared towards adult people who generally do not qualify for state or federally subsidized housing . They are the . . .what they call in the real estate section . . . the empty nesters . People living in three or flour bedroom homes with family rooms , etc . , with high maintenance , with lots of equity into the homes , that have no place to go other than to stay in that place . Their only other suggestions would be condominiums or smaller housing on a second hand basis . So this , we feel , on a marketing situation, is something geared specifically towards a small , specific , specialized group of people . !We don ' t foresee five or six hundred units of this type housing being even feasible in a town the size of South Windsor . We ' ve looked at towns like Avon , Simsbury , Wethersfield , Vernon , all of Which have privately funded, non-profit housing for adult people . They all are very successful projects . Some of the specialized things that make them successful , and in our studies , have been , the fact that in most instances these are properties that are developed with low densities , with low profile of housing . Most of the situations are on a one level situation , one or two bedrooms . Smaller units basically. They ' re looking to get away from the 2, 000 square foot into the 800 and 1 , 000 square foot buildings ; good security, both interior and exterior ; adequate buffers , land- scaping. They also want to be able to be very proud of the places they are moving into , so most of the successful projects in the northeast specifically have been traditionally architecturally styled in the Cape Cod , well-landscaped , well-lighted , and easily accessible parking . Almost all of the projects that we have reviewed -9- have been 75 percent garage parking . Most of the successful ones have not had attached garages because this becomes a difficult architectural feat because of accoustics . When your neighbor comes home at 11 : 30 and you ' re trying to be asleep at 9 : 30 , it ' s difficult , so most of them have had detached garages . I think that , as I stated , the need for this is the fact that our Town does not have a suitable area for the in-between person , okay , betiween . . . to go to . This proposal here , I think, is something that will hopefully solve the situation . The specialized mechanical electrical features that are prevalent in some of these units are security alarm systems ; raised duplex outlets . When you start to get 55 and older , like myself , it ' s hard to bend over . Naturally , you ' re going to have complete accessibility for handicapped . Specialized lighting is available . Specialized heating situations . You have to start thinking about carpeting ; non-skid surfaces ; and certainly minimal stairs and accessibility has got to be very freely . Also , some of the demands site-wise have been the fact that they would prefer being accessible to religion, religious areas , center parts of town , shopping certainly , and , possible public transportation . Attorney Grace: We did take a look into some other towns and try to get an idea of what might be available , at least in the immediate area , especially as to whether non-profit would be allowed , and if the towns set age limits . East Hartford does not , set an age limit . They allow non-profit organizations . Again , almost ironically , in the last couple of weeks there was a non-profit organization that obtained approval to build a new unit . I don ' t know how many it was at this point . They have 548 other units in East Hartford , and again, these are indications we get from asking town officials . They are now trying to process applications that were submitted in 1981 . So , they ' re virtually three years behind on people who owuld like to live in some type of an adult or elderly unit . Ellington has a small complex on Middle Butcher Road that was developed by a church in Ellington . They took a little different concept . This was a few years ago . They sell the units . They -10- sell it . . . they kind of take care of it----the people pay a monthly fee . It ' s been very successful . I think they have 22 &r 24 , and they ' re in the process of expanding . Seems to be very successful . But that is very much run by the Church and I can ' t recall the name of the church . Manchester allows non-profit . Has substanial elderly housing of their own. The towns tell us that the only reason the age comes into effect is because the federal government says we ' ll give this money to you if it ' s for over 62 . Hopefully , that ' s going to change , but when there ' s no money it doesn ' t really mat �er . So most of our towns in the area allows adult housing . Age does not seem to be a great problem. The one I ' m most familiar with is Wells Village in Vernon . My mother is elderly and we ' re looking for a place and she ' s now in Vernon . The original concept of Wells Village was an apartment type unit . Now Wells Village has gone to a small house . It ' s clustered , two or three or four that people lease for 99 years . I 've represented parents of people in South Windsor who have gone there . Why? They moved in from out of state and there was no place they could find in South Windsor to live . I 've had to call many times as an attorney , but they ' ve fended up in other towns and this one in Vernon . They lease it for 99 years , and , again , their protection is , approved by the Town of Vernon , if that adult wishes to sell they must sell within the rules and regulations of Wells Village . Otherwise , it ' s a limited right . They own something, subject to that right , and , again , tihis is our proposal . That ' s the control . So the concept of non-profit adult housing exists in the area . The last page , and , again , I didn ' t mean to take this much time and go through it , but I spent so much time on it that I might as well have you enjoy it . The last page , and I think the most important , not only for the Commission , the Town, for the residents here , and I ' ll go through them again . The Commission , the Town control , and what we 're proposing in our four amendments - it ' s really three , because the general plan is a real plus . One is the application process . Everybody must file an application . The Commission knows that that ' s reviewed . It must be flawless before -11- it ' s even accepted. We ' re saying now with that application you file a general plan, so you don ' t only get a blank piece of paper asking for a development , you now must file certain renderings . You must file information . Basic drainage . Data that will give the Commission a chance to look at something . That must be approved . A positive act must be voted upon. So , again , application - if you don ' t like the general plan you have a chance to stop everything right there . The third thing is a site plan . The site plan is the most demanding thing in zoning . It must be right , and you can keep turning it down until it is right . Once it ' s approved and filed, it must be adhered to . There is no question about that . Bonding you always have the right to bond as to development or shrubs or . . . (end of tape) . The Commisssion will be and should absolutely be required to be supplied with IRS approval of non-profit . They should be supplied with any state document filings of a oon-profit corporation . All be part of the approval process . The documents of the development should be filed . I ' m talking about the rules and regulations and the specific by-laws , and , again , what you' re saying is within that there must be a right of first refusal , a, repurchase agreement . All of these will be part of the Commission 'is approval process . And, their approval , if granted , all of these things are subject to . Within there we think that any member , resident , owner has voting rights , so we would hope that as a purchaser , or lessee of these units , that they certainly would be involved in running them. We think that maybe others than the people living there might be on the Board of Directors to have some input , but that isn ' t . . . doesn ' t have to be a positive . What we' re trying to do is let the Commission and the people here tonight know that they have specific control at several points along the wqy to ensure that it is a well run , well managed , adult community , and will stay that way . That ' s what we ' re asking, for . We think we have a need in South Windsor . We think the Commission and the Town has substantial control of what we ' re proposing . Substantial control at many , many times during the process , with safeguards . Again , we ' d like to end this segment and take any questions and comments that anybody has . We ' re here . Thank you very much . -12- I Chairman Gilligan: Okay . We ' ll follow our normal process which is for a report from the Town Planner . I don' t know if the W on this . Then we ' ll have questions from Engineer would have input the public and then the Commission . Mr . DeMallie : I ' ll first address the amendments , proposed amendments , to the elder] y zoning regulations , housing fob' the elderly . We currently have no definition of elderly in our zoning; regulations . In 1980 we entered into a discussion of possible changes , amendments to the regulations . At that time , 1 proposed 60 years of age . They define adult housing in their proposal at 55 and up . One question , if I may ask a question of them as well as anyone else , would children be allowed if one tenant or occupant is 55 and older? Attorney Grace : We ' re not going to say that no children can live there . No , that ' s not the intent . That ' s what I was saying before , that even if one spouse is . . . . you know. . . we ' re still looking for a family unit and if that is . . . Mr . DeMallie : Okay . Chairman Gilligan : That ' s yes? Attorney Grace : Yes . Mr . DeMallie : Okay , thank you . Other than requiring the general plan of development to conform to those map standards found in the multi-family zone general plan requirements , the standards in the housing for the elderly regulations , that ' s Section 4 . 1 . 11 , do apply for this development and any other under these regulations . Not the standards in the multi-family zones , so you should be clear 1 on that . Unlike the multi-family zone , they ' re applying for a special exception approval now with the general plan . Site plan approval would still be required in a second step similar to the multi-family review process . Standards inthe elderly regulations which would apply , e changed , are the following : Under parking , and which I recommend b e looking at these regulations , but then and I ' d like to mention we ar again the Deming Hill proposal may be quite substantially different from these minimum or maximum standards in our regulations . For -13- example , under parking , our current regulations which do deal with elderly housing, require a minimum of one-quarter of a parking space , . 25 parking spaces per dwelling unit , which back in 1980 I determined anyways and recommended to the Commission thalt it be increased to perhaps . 75 or one space per dwelling unit . (Under their proposal they have 1 . 63 parking spaces per dwelling unit which seems to be quite substantial , quite adequate for what they ' re proposing . I would recommend that as the Commission reviews these regulations they consider a minimum of 1 . 5 parking spaces per dwelling unit . In consideration of , we require two spaces per dwelling unit now for a conventional multi-family development , and considering that the owners or occupants , at least one of them, will �e older and they tend to have no children or perhaps an occasional child , the requirements for parking should be substantially reduced , but I think 1 . 5 spaces per unit would be more than adequate , and indeed , they ' ve covered that . But , the regulations should be changed nevertheless . Regarding density , we allow in our current regulations for elderly housing , 21 . 78 dwelling units per acre . Back in 1980 I thought 15 units per acre would be more than adequate for the edlerly , and I think at this time 8 units per acre would be satisfactory for adult type housing . They have proposed , ' ( believe , just over four units per acre , which is relatively low, and in fact , exceptionally low. I don ' t think you ' ll see a housing project for the elderly anyplace in this state that has that low a density . As for unit size , our present regulations are way too low in terms of minimum unit size . I think we allow efficiency somewhere in the neighborhood of 350 square feet per dwelling unit . I consider that extraordinarily low, and, indeed , that could be improved upon substantially . Unless it were in the form of congregate ,housing concept , Mr . Grace , I believe referred to a project in Ellington called Long View, I believe , done by Apostolic Christian Church, and they do have shared eating facilities and other common facilities so they don ' t need a large unit . That would be a concept that might be quite satisfactory , but otherwise , I think the minimums we have are -14- way too low and should be increased . Our regulations further do not specify buffers as most of our regulations do . We do have, buffers , but they don ' t specify the width , although in this particular proposal that we have before us also tonight , they are consistent with a 50 foot buffer which is as wide a buffer as we require anywhere in our regulations , for any type of development . So , regarding the regulations , I think there should be a number of amend- ments to our housing for the elderly regulations and , whether or not you consider adult housing or elderly housing, I think there should be changes , and you should consider these regulations proposals applicable relative to its application uniformly town-wide for any adult or elderly housing proposal within the single family residential zones that it L,rould be allowed ; not just in the context of Deming Hill . Regarding the general plan of development , on t�affic . . . Oakland Road traffic definitely will be . . . is approaching the heavy stage as Mr . Hesketh ' s report indicated . It ' s . . . . I believe it ' s 8500 vehicles a day or something in that order . In some cases higher . . . Chairman Gilligan: Peter , we ' re not going through the general plan now. We ' re just going through the regulations . Mr . DeMallie : Okay , you don ' t want to address that at this time? Chairman Gilligan : Right . Mr . DeMallie : Okay . Town Engineer Martel : I have no comments in regards to the amendments to the regulations . Chairman Gilligan: Thank you . Is tsiere anyone from the public to speak in favor of the amendment to the regulations which would permit adult housing? Is there . . . yes , sir , would you identify yourself ? Milo Dayton : Milo Dayton . 1343 Sullivan Avenue . Chairman Gilligan : Could you speak . . . come up to speak into the microphone so that we could , our recording could be improved? Thank you , sir . -15- Mr . Dayton: Is it all turned on? Chairman Gilligan: Yes , those are on all the time . Mr . Dayton : Milo Dayton . 1343 Sullivan Avenue . I definitely feel this would be an asset to the Town of South Windsor . It ' s definitely something that is needed in this Town . That is , a good many elderly people , including myself , which I hate to say , looking for a smaller place at the present time and if it ' s not available in South Windsor that means that we have to leave this Town and we do not wish to do that . So , I would feel that this proposal would really be an asset to the elderly people in this town and thereby I would propose this change and exception . Chairman Gilligan : Thank you, sir . Is there anyone else to speak in behalf of this application? Yes , ma ' am? Mrs . Cummings : I ' m Joan Cummings . I live at 716 Deming Street . Right now I live in a seven room house . I would very much like to move into a smaller house in a few years wheln I get ready to retire . Purposely I can ' t afford the taxes . I won ' t be able to afford the taxes . The month of January I paid $�24 for an oil bill , which I ' m sure I will not be able to afford when I retire ; $60 for snow removal for three snow storms . Try to get somebody to mow your lawn in the summertime , or chop ice in the winter . Security is very important to me . Many a time I go to bed at night scared to death wondering whether or not everything is going to be fine . I ' m sure if I moved . . . I need a smaller house . I have four bedrooms . I would like a one bedroom, small kitchen house I can maintain and with what money I have left over I can travel , or do things that I really want to do and not have to spend it out on real estate taxes . I ' ve lived here 40 years . My husband and I put ;four genera- tions of children through school with our taxes , so I figure maybe now, maybe the Town of South Windsor owes me a little somethinng . I ' m alone , I ' m a widow, and I think Deming Hill is perfect . It ' s just what I need . I wouldn ' t be stuck off way in some corner somewhere . Not that Wapping Mews is stuck off in a corner , but I want to be with the flow. I mean, you ' re talking about senior citizens , -16- but we ' re not invalids and we ' re not infirm. We would be an active part of the Town. We would still pay our taxes . We would be within walking distance of stores . I ' m nervous . . . (laughter) . I 've got something written down here . . . . I just would like to mention the things that are improtant to me . First would be the location and the security. I think security when you get over 60 is very important , especially when you ' re a widow, living alone . Convenience to the stores . The douses would be built with adults in mind . The rooms wouldn ' t be too big , nor would they be too small . We would not be sending children to school . After you get over 60 you don ' t have children to send to school . We would be . . . the people who would be living there would be very . . . asking very little from the Town of South Windsor except for a decent , nice place to live before we go over the hill . Thank you . Chairman Gilligan : Thank you , ma ' am. Is there anyone else? Yes , sir? Fred Ducey : My name is Fred Ducey . I live at 2093 Elling- ton Road . I 've been there since approximately 1947 . , I ' d like to comment on the use of this land . When I first moved to my present location , there was 60 acres of farm land , and wood land, behind my home and I was well nigh isolated except for one house across the street . Some years later , that was developed and there are now 90 homes within my backyard . I have no argument with that . That ' s growth for South Windsor . My other concern was the land that was across the street from me . And , my situation there is very much a parallel to the situation on Deming Hill . I had a beautiful view from Bradley Field to the City of Hartford in front of me . It was a farm. It was tilled for a number of years and then fell into disuse . There were old tobacco sheds there . Their only purpose sometimes to break the wind that came whistling up the hill . I was deeply concerned about what might happen to that land , and I think that that may be the case for the pople that are nearby on Deming Hill . So I waited to see what might happen , and it ' s now in the final stages and there is in front of me , off at a level that -17- I can see the city and all the things I ever saw before ,' the condominiums . And , believe me , if I had the choice to make , I ' d say do it all over again . I 'm happy . I ' d like to reasslure anybody that has any concern as to what they might see , what their eye view may bring forth . From what I see is in the process) there . I hope they will remember that the land is not going to stay there idle . It hasn ' t happened in South Windsor . It won ' t happen there , and I see a very useful purpose . I , too , may grow tired of mowing my acre of grass . I , too , may want to find something that I don ' t have to mow, something less than what I can take care of now and I think it will be a very useful purpose for that property . Thank you. Chairman Gilligan : Thank you . Is there anyone else to speak in hehalf of this application? Yes , ma ' am? Edith Stead . My name is Edith Steak. I live in South Windsor for 38 years now. I totally agree with Mr . Decey and Mrs . Cummings . I feel the same way and my house is too 'big , and eventually I would like a small house to live in , too . Thank you . Chairman Gilligan : Thank you . Is there anyone else to speak in behalf ? Is there anyone who has questions , or would like to speak in opposition to this application? There being no questions . . .yes , sir? Unidentified : Chairman and Commission , and Attorney Grace , you did a great job . I think what the Town is . . * . Chairman Gilligan : Excuse me , could you identify yourself ? Mr . Cattarino : Joe Cattarino . I live on 312 Deming Street . I think what you ' re proposing is a great thing for the Town of South Windsor . My own parents are interested . My only questions , and my only concern about it , and I think a lot of it has been answered here , as to how it ' s going to be maintained , protected, and it seems like you ' re pretending . . . planning on the people living there doing that . I think they will be . I think there will be some good business people there . My concern is the fact of this classifying this as adult housing . It kind of annoys me -18- a little . I think I would rather keep it at elderly and put an age on it . Have it rewritten and put an age on it . Say 60 or 65 . The reason for that is that I think it classifie'Is it very clearly as to who ' s going to be living there . As y,ou can see by the people that came up here , I think everyone of them will attest that as you get older you would like tranquility , protection , peace and quiet , and I think Deming Hill is a prime reason why I built on that hill . I think it ' s an excellent place . The Calvary Church, and the reverend mentioned to me that he was going to buiild elderly home by the tree line , and I said fantastic . I think that ' s a great thing to do . Estimated to me I figured a few units . It ' s turned out to be 70 units ; a little much . The location of the homes and that doesn ' t bother me at all . I think they ' re constructed in such a way I think they ' ll be good . My only concern is the fact the classification . I ' d like to definitely clarify that . Leave it at elderly . I think that ' s the way it should be done . And , I think it protects everyone that way . Gives everybody what they want in Town and then the elderly homes are there . I think there ' s a lot of people in South Windsor , the write up in the Hartford Courant . I think everybody read that . It was excellent . It ' s a nice tranquil town. That ' s why I moved here . I have an investment on that hill . I think my investment is very well protected in what ' s going to happen, but I do think classification is very critical here . I don ' t think it should be changed at all . Matter of fact , I would appeal it if it went to be changed . I want to keep it elderly homes , strictly so , and put an age on it . Write the amendment , or so , and make that change . That ' s all I want to say . Chairman Gilligan: Thank you , sir . Is there anyone else ? Yes , sir? Could you identify yourself . Leonard Bornstein : My name is Leonard Bornstein , and I represent the Cinnamon Springs Condominium. I would like to ask a question about what the cost would be . Nobody seems to mention -19- what ' s it going to cost people to buy into these places .' Chairman Gilligan: I think that ' s more appropriately a question for the general plan . This is . . . there are two applica- tions here . The first one being a change to the regulation that would permit this kind of development . The second one being their specific plan of development , and the price of the units and all , would be appropriately raised , I believe , with the general plan of development . Leonard Bornstein : I wonder if they do have anything in mind , even though it may not be appropos right now, but it would help me in my presentation to know at what price range they ' re talking about . Would the gentlemen , maybe they ' have an answer? Attorney Grace : We ' re just talking about the amendments , not about any specific plan at this point . Leonard Bornstein : You ' re not talking about price . . . the cost . . . you ' re not talking about the cost of these because you ' re mentioning needs of people , but you ' re not mentioning whether they can afford it or not , and I think that we should know that . If they ' re going to present something . . . the need , they have to attach a price tag to that need, too , and I think we need that information . I think the Planning and Zoning Commission should take that into consideration, too . They should have it for consideration , what their financial (unintelligible word) will be . Okay , if they don ' t have an answer I would still like to make my presentation or comments . First of all , it sounds like these people don ' t need anything like they ' re proposing . It looks like they should be in condominium as Mr . Marshall , Mr . Montana mentioned . ; There are plenty of condominiums around for sale and I ' m sure that these people would be able to afford it . That ' s why I ,needed the price as part of my presentation . The other thing , by making exception to this . . . . exception to the zoning plan , you actually open the door to other exceptions . Once you put this exception in place , there ' s nothing to stop other developers from coming in -20- and say , well you needed housing for the elderly , but you also need housing for the low income people , and maybe this Planning and Zoning Commission will deny that special exception , but the courts may not , because what happens is you ' ll be changing the general character of the area , making it worthwhile for developers to come in . It wasn ' t too many years ago when we did have developers coming in looking for this Section 8 housing and because of an outburst of people objecting to it the Planning and Zoning Commission didn ' t go along with it , but if the courts come into the picture then we may not have any control . And , as far as need , as a social worker for many years , there have been many theories about the need for elderly people living together . There are some say it ' s a good thing and many others who are slaying , and currently are saying , that the worse thing for elderly people to do is to actually live together in a group . They become labeled as senior citizens . They ' re isolated . They need to mix . They need the mix of living in the community . They do not help themselves by being . . . by living in areas designated as senior citizens housing . Okay . . . I tell you without that price , it makes it difficult , so I ' ll have to end my presentation . I guess we can address the price at a later date . Then the cost . Chairman Gilligan : Okay . Do I understand your comment that it should be affordable if it ' s going to serve . . . . Mr . Bornstein : Excuse me , I didn ' t hear . Chairman Gilligan : Your comment that it should be affordable if it ' s going to serve the elderly . Right ? Mr . Bornstein : Well , no , I ' m not saying it should be affordable . I just wanted to know in effect because if they can afford that housing it looks like they can afford condominium living which would meet the needs of snow plow, of security and of thinks that they mentioned . Chairman Gilligan : Okay . Is there anyone else to speak in opposition or have questions regarding the application for the -21- change to our regulations? Christine Spock: Christine Spock, 65 Edgewood' Drive . I have a question . I listened to the presentation . I dion ' t understand how is it different from a condo? Attorney Grace : A condo anybody can buy . Adult housing , I explained , there are several limitations as to who can buy and so forth . Christine Spock: Well , I understand the 55 age limit , but children would be allowed? Attorney Grace : I think that Mr . Montana also explained that a unit could be designed very differently . The size, of the unit is very much different . Children? I don ' t think there ' s any question , and I know I ' ve been involved with people who are over 55 and suddenly ended up with a grandchild that they didn ' t know they may have to take care of . God forbid , we ' d never put anything in the regulations that would prohibit that . I would think that would be . . . . Christine Spock: Well , I 'm certainly in favor of anything the elderly people of South Windsor feel they need . I don ' t see the need for the change from elderly to adult , though , and I would be opposed to that . Chairman Gilligan : Thank you . Is there anyone else to speak in opposition to this application , or have any questions about the application? Once we pass this part of the . . . yes , sir? Unidentified voice : Is there going to be any restric- tions on the people occupying each one of these units . . . . . . Chairman Gilligan: Would you identify yourself , please? Unidentified voice : . . . . . or is that controlled by the . . . Chairman Gilligan : There is no restrictions in our regu- lations on the numbers of people that . . . Unidentified voice : In other words you could buy one of those and five people could move in next door to you? (Several voices speaking at once - unintelligible) Chairman Gilligan : Well , there ' s nothing in this regulaation -22- that would prevent it . I guess they . . . Unidentified voice : Nothing in this regulation that covers it . Chairman Gilligan: Okay , and we ' ll probably cover that in some more depth . Do we have someone else that would like to ask a question or speak in opposition? Yes , sir? Bob Davin : My name is Bob Davin . I 'm a half-breed right now. I live at 29 Farmstead Drive , but I ' m building a home on Deming Street . First of all , I ' m not opposed to what they ' re doing , but I think what the gentlemen just brought up might create a problem. He did make a . . . . I think, Mr . Grace made a statement that a person 55 or older has to purchase the unit . Correct? Chairman Gilligan: I believe that ' s what he said . Mr . Davin : So , in other words , you . . .you are coming up saying that it ' s housing for the elderly or senior citizens or whatever you want . but technically , which this gentleman just brought up , five people could move into a house that was built for two . Attorney Grace : Could I answer , please ? Chairman Gilligan : I suppose if you have an aanswer . Attorney Grace : There is no question that if somebody 55 years of age buys it , and has a younger spouse , that if something happens to the 55 year old the younger spouse can stay there . As far as a resale , it cannot be resold to anyone other than a 55 year old person . And , I also go back to the regulations . My interpretation of the regulations is one person is allowed an efficiency , two in a one-bedroom, and only two people can live in a two-bedroom. The regulations say that there are only certain situations when more than two people can live in this unit . And it ' s called - there ' s a triple asterisk - special occupancy . So that the number of people that can live in it is strictly controlled by the regulations and you cannot have five people move into these units . So , it is controlled as to age and resale and it is controlled as to number of people that can live in a unit . I said that these regulations are excellent . They really are . -23- Mr . Davin: All right . Mr . Grace , he answered my question, but this is something that we don ' t know until he explains it to us , and I understand . . . Chairman Gilligan : I didn ' t realize that r_hat was in there . Attorney Grace: Yes . Mr . Davin : Okay . That answers my question. And at this time we will not be asking any questions on the actual construction or layout of the property? Correct ? Chairman Gilligan: That ' s right . That will be the next hearing to follow immediately . Anyone else to speak in opposition , or have any questions? Okay , are there any questions from. . . . yes , sir? Could you identify yourself , please? Ed Greaney : My name is Ed Greaney and I live ''lat 315 Deming Street . I live right across the street from the area that ' s in question here as to the zoning . I happen to know Mr . Kelley , not for too long a period , and the Reverend Gustafson that lives right on the property , on the church property there , and I respect both of them. Mr . Kelley ' s homes that hers built , I think are very nice . I see no problem there at all . I like the old people and I like the young people and I have no disagreement with Mr . Grace ' s statement tonight about the elderly people . They all need a home . I need one . Everybody else here needs a home , but I think there is one thing that I arm disturbed about and that ' s the fact that when I moved up here about 13 years ago , and I ' ve paid taxes for an AA-30 zone , and I ' d hate to see the zone (end of tape) being built across the street . It ' s going to be nice and quiet . I wouldn ' t mind a bit if they were for young people either, because I think they have to have their homes , but I do hate to see the zone changed . Now, if they can be built , if this can be handled in some way that it won ' t affect the AA-30 zone , I ' d be very happy . How it would be done I don ' t know. It ' s my understanding now at this time that the Town is the only one that can possibly handle elderly homes in an AA-30 zone . -24- Chairman Gilligan: And that is the purpose of this application . They want to change the Town ' s regulations so that adult housing can also be built in any zone in Town . Mr . Greaney : I understand . Chairman Gilligan : Okay . Is there anyone else to speak in opposition or who have questions about this application? Are there questions from the Commission? Commissioner Hallowell : I ' d like to start . I haven ' t seen very many of you people at our meetings since the time we had the Ronan application for Main Street and the regulations were changed at that particular time to permit basically what the applicant is looking for tonight . It happened at that time that it didn ' t work . Subsequent to that , the Commission put into place an MF-A zone , and let me tell you what can go into an MF-A zone . About everything that the applicant has come up with tonight . He can put in an 800 square foot unit ; he can put it on one floor ; he can have it owned by a non-profit organization ; he can provide the services , all the services you wanted tonight . That 's all permitted within the MF-A zone . The current regulations for housing for the elderly were basically set up for Federal housing controlled by the Town ' s Housing Authority - places like the Mews , where they have people that are there - the Town has people that are there . They control the rentals to the people . They control it based on income , and need and everything else that happens to be . The attempt to make the multi-family zone obsolete and really that ' s what we ' re doing . We 're trying to go to housing to the elderly here now, and modify this so that any group of people that can organize a non-profit organization can biuild multi- family house anywhere in the Town of South Windsor . Anywhere in the Town of South Windsor , with no real restrictions as far as children or anything else . The only restriction that they ' re asking for is that the person - one person who lives in the unit - is over 55 . That ' s not too much different from what we have now. It really isn ' t . So , my question to the applicant is , if there are basically small units that you ' re looking for , and you said 800 to 1 , 000 , you said there was going to be no restriction on children , -25- the Commission cannot control the number of people that live in this housing , even though it ' s in there - they cannot control it - we know that - what is so different between an MF-A 800 square foot unit than what you ' re proposing tonight in the housing for the elderly section , except the lack of controls , because we don ' t have the controls in the housing for the elderly? Attorney Grace : I think I explained the controls . That ' s a loaded question . I can ' t win by answering . Commissioner Hallowell : There are . . . there are no controls . . . Attorney Grace: There ' s no question that there are controls built in the housing for the elderly . I ' m saying that . . . and I sat there when it was changed back from this application on Main Street . It wasn ' t non-profit . It was a private developer . That ' s different . The multi-family zone , I think, is totally different from the elderly . Separate what we ' re talking about , the second application. I think there outght to be a way for some- body to come in Town that can satisfy this Commission that they are non-profit , and I went through every test that you could possibly have , and laid it out where you can control exactly what ' s going on, and build a unit . Maybe you do change ' it to more than 350 , but it could be 4 or 450 , and I know people , and I 've visited these units of 400 or 450 square feet for somebody that ' s 55 to 60 , possibly with a little bit of a difficulty , is plenty of room. I think that ' s a vast difference from the multi-family zone . I think it ' s a tremendous difference and if we don ' t see that difference, then I don ' t think that this application is that good . If I haven' t convinced you at this point that there ' s a big difference , then I did something wrong . Because there is a big difference . I don ' t care what the second application happens to be bigger . Maybe that is going to be in a location that it ' s better , you can command more money , have a bigger unit . But , that doesn' t say that the housing for the elderly regulation isn ' t excellent . It ' s a fantastic regulation . We were stoppled as a Town because of the Federal and the money being available . But , heavens , we ' re a town of 17 , 000 people with 30 units . They have a -26- i waiting list of . . . I don ' t care what the waiting list is ; twelve , fourteen , eighteen , but I tell you it ' s going to be years upon years upon years . I 'm saying that if the regulation is good , and I assure you , I ' m not up here giving you a regulation that is not a good one , and the amendments are not good . My reputation is worth more than that . It ' s vastly different that a multi-family regulation because of the size for one thing , and if you build in the controls that are there , it ' s excellent . Because the second application is bigger , that ' s fine , but to ask 800 square foot units for somebody 55 , or 58 , or 60 , it ' s too big and to require that it has to be a 15 acre parcel . You know how many pieces of land you can get in South Windsor with 15 acres? We ' d have to mortgage every house in Town to buy half of them that are left . There aren ' t any . Elderly housing allows two acres . You can put a few units on two acres . Maybe they can be dispersed around Town . What ' s wrong with it? I don ' t understand . So we do have eight more small , adult or elderly units . What ' s wrong? I don ' t understand it . Do we constantly build $150 , 000 homes in town? Commissioner Hallowell : Bill , Bill , you haven ' t really addressed my question . My question is , under an 'MF-A zone that permits an 800 square foot unit , permits a non-profit organization to construct the housing that you ' ve said here tonight , and you say . . . . . at least Mr . Montana said the units would be 800 to 1 , 000 feet . . . . you do have more than 15 acres from I understand , on that hill . There ' s considerably more . What would prohibit you from putting this type of housing that you want , this adult housing , on the site of the hill under an MF-A zone? What would permit you . . .what would stop you from doing ,that? Attorney Grace : Okay . . . . you keep getting into the second application . I ' m trying to stay with the first one . The second application . . . Commissioner Hallowell : No , I ' m just saying why can ' t you? Under an MF-A zone you can ' t . Attorney Grace : I assume that you could . -27- Commissioner Hallowell : The only difference is that with the housing for the elderly you don' t need a zone change and in an MF-A you do . That ' s the only difference that I see . Is that correct? Attorney Harold Cummings : This is Harold Cummings . I ' d like to comment to that , Ray . There ' s a very good reason we ' d like to see the adult housing regulations changed , as opposed to coming in on an MF-A. We 've got 15 acres , build another condo , come on in . Once you go in on an MF-A you 've changed the zone . You ' ve opened up Pandora ' s box . We ' ve indicated to these neighbors that if this is approved on this particular location, going into the second application, it will now and in perpetuity be housing for the adult 55 and older . By coming in as a special exception , as Attorney Grace indicated earlier , we now have a general plan/site plan approval from this Town for adult housing 55 and older on this location , and if 20 years from now, all the people that have an interest up there on the hill in this community want to change it , because all of a sudden they want to sell out for a million bucks , or whatever , they ' ve got to come back to this board , the'y ' ve got to come back to this board and say we ' re in a double A-30 zone . We no longer want to have adult housing and would like to do something else . They would have to get this board ' s permission and consent because by making it a special use permit under the adult housing regulations, we ' ve locked in not only the applicants here tonight , we ' ve given the Town controls over all the documentation being submitted , because we ' re planning on doing exactly what ' s being told to the Commission here tonight , and those residents are going to be locked in , in perpetuity , to that , unless this Board should , you know, grant some license later on . The other thing I ' d like to comment on , this children business has been coming up . I ' m not trying to put the wool over anybody ' s eyes . In order to initially buy , or lease, or take an interest in residency there , you ' re not going to be able to have children , but as Attorney Grace , as Probate Judge , well knows , -28- there are many grandparents who suddenly find themselves custodians because the kids have disappeared or whatever and all of a sudden the grandchildren are dropped on their doorstep . So , we 're saying up front , that someday you might see a child walking around there simply because one person that is a resident already in there has suddenly got custody and we ' re not about to evict them. That ' s the kind of thing we ' re talking about . Very limited , the rare exception type situation . So , yes , Ray , there is a tremendous difference as to why we want to see this as opposed to a straight zone change . Commissioner Hallowell : The only reason you just mentioned was one , is that you had promised the neighbors that under the adult housing that nobody would live there undier 55 . That ' s not , I don ' t think, completely the fact . The Planning and Zoning Commission of the Town of South Windsor , or a private organization or any organization setting up housing , cannot go in and regulate the age . That has to be done by deed restrictions and an association that lives within a complex . The Town does not regulate that . You have to understand that . You can ' t call the Town Hall because you say somebody that was thirty living is living in the unit . It doesn' t work that way , so I just . . . I just say to you that , you know, an MF-A with deed restrictions to 55 years or older or anything you feel you want in this type of housing complex is the right way to do it . The MF-A zone has the detailed requirements for construction and safeguards and the things that we need . The housing for the elderly zone I don ' t believe does . Thank you . Chairman Gilligan : Are there other questions from the Commissioners? Commissioner Conde : Okay . There ' s a few things that I would like to say . These initial amendments apply just to housing . They apply to the whole Town. They don ' t apply to Deming Hills . It really has nothing to do with Deming Hills . So , anything that we would do tonight , or maybe within 65 days , would have to do with regulations that would concern housing built for the elderly -29- in the whole Town of South Windsor . It has nothing to db with Mr . Kelley and nothing to do with Mr . Grace . They can promise . They can say anything , but this first hearing has nothing to do with what is going to be built . Right now I see nothinglwrong with getting a lot more elderly housing in Town . One of the things that I don ' t thii-ik was really addressed was the size of the units , because riarit now I think it goes down to 360 square feet . Maybe tha,, could go up a whisker . That ' s pretty small . I don ' t think they have to come all the way up to the MF-A zone , but maybe somewhere in-between, and maybe the acreage in place of being two acres should be four or five acres , and not the fifteen acres . So , that ' s the way I feel about it . There ' s probably some things that have to be added , but I do feel that we need more housing in Town . That ' s all I have . Chairman Gilligan: Dave , do you have any questions? Down there? Ralph? Commissioner Mosher : Mr . Grace , your application comes under the special use section of the Zoning Regulations which will only allow the exact use you ' re applying for and I think you explained that very well , however , I might have missed something . Do you foresee any problems arising in the future with the special use , such as home occupations , professional offices , etcetera , etcetera , which will not be allowed? Attorney Grace : I have to , you know, have confidence that the special exception and the site plan approval give you the approval that you want and the right to reapprove if there ' s any change in use or something being done wrong . Other than what you approve , you , through your enforcement officer , have a Fight to go in and stop it . Really , I think it ' s perhaps the best type of control you could have . Both of them. Site plan and the fact that the , it is a special exception . Commissioner Mosher : All right , then let me follow it up . How will your non-profit organization control the numbed' of occupants -30- in each unit and would an owner be able to rent a room? I know 360 feet , there ' s not going to be a lot of area . I agree with you , Bob , but it ' s just added protection . Attorney Grace : The regulations and by-laws have to address themselves to this . It ' s the same as the regulations for any condominium unit now in existence . And I think the Commission should be supplied with them. That is part of your approval . The regulations . . . it ' s the same as any bank putting a mortgage on a condominium, by the way . They get a copy of the documents and they look at them to see that they ' re protected . It ' s the exact same thing that you ' re going to be doing. They make it a condition of everything . When you change the by-laws at Parkview South Condominiums , and if there are 90 mortgages and there are 90 different banks , every bank has to approve that change . Believe it or not . So , when they say there is a firewall here or something , and they know that they ' re protected, if you change some regulations in there , every bank has to get that and has a right to veto that change . This is what we ' re talking about . The change of the Town, the lending institutions would be very similar . Commissioner Mosher : Thank you . Chairman Gilligan : Thea ? Commissioner Smith : After all the units are sold and the building is built as a home for the old . . . adult . . . elderly . . . whatever , who then runs the organization? Attorney Grace : It is run by . . . Commissioner Smith: The people that live in it ? Attorney Grace : The people that live there , through a Board of Directors . By a non-profit corporation . Again, this has to be approved to your satisfaction as a non-profit , federal tax and a State of Connecticut non-profit . Voting rightls of the people that are in there run through a Board of Directors , like any corporation . Our initial proposal was that the Church is next door that owns this land , if this is a similar type of thing. They want some rights to it . They want to have some say as to what -31- happens next to them. So , in our second application you "re going to see where the Church wants some rights to be on the Board of Directors . The initial plan on that one was to have members of the community also be on the board . But , whatever it is , if that ' s not exactly what it is , the people living there , either the owners , or if it Happens to end up like a Wells Village sphere the people lease it for 99 years , they have a right to control the destiny of that development including the rules and the regulations and the by-laws , which is what operates the development . Commissioner Smith: So that some . . . each project that would come in under these regulations , would individually set up how it would be run? Attorney Grace : Yes , the non-profit . . . Commissioner Smith : How the by-laws would be determined? Attorney Grace : Correct . Commissioner Smith : The by-laws , I ' m assuming , can be changed ? Ten, twenty , thirty years down . . . Attorney Grace : They can ' t destroy the adult , because if they do wander in violation of your approval , they ' re in violation of the site plan and they ' re in violation of the special use , and your approval makes it so that they can' t change it . Commissioner Smith : So their by-laws are locked in when we approve? Attorney Grace : Yes , yes . Commissioner Smith: That ' s in the regulations . Attorney Grace: That ' s the only way . . . and again , anybody on the other side is trying to sell one of these units , is not going to invest fifty , sixty or whatever it is , thousands of dollars . If they want some of the things that we say some of the adults want , they also want to be protected that what buys next door to them is similar to what they bought . So , they ' re very interested and they do have control . Commissioner Smith : Okay . I have two more questions . You mentioned security in the adult community . I don ' t see as the -32- regulatins address anything along the lines of security other than the fact that just those people live in that . Is there something that I missed? Attorney Grace : No . The fact that it is an adult , in and of itself , there is security . Believe it or not . It ' s like Wells Village . The people do kind of take care of themselves , and if somebody here owns a home , somebody mentioned four acres , that house is in the middle of four acres . I think perhaps they ' d feel a little more secure if they were among . . . Commissioner Smith : Okay , but there ' s nothing set into the regulations that specirically say . . . Attorney Grace : No , but could be . Could be in our documentation , or like we do in other ones , we provide certain things that must be in the units and we ' re talking about' pull cords , or lights where . . . . Commissioner Smith: Okav , and that is not in the regulations either . I mean you were talking . . . Attorney Grace : Zoning regulations? Commissioner Smith : Zoning regulations . These special design features that should be in an adult community . Attorney Grace : That should be what you seek when you see one . An application . We ' re saying that should be in everyone that you see . Commissioner Smith : So that should be in the regulations? Attorney Grace : Well , it could be . Sure . Commissioner Smith : If we ' re looking for it . Okay , I guess that ' s about it for my questions . Chairman Gilligan: Barbara? Commissioner Klenke : If we change the regulations to allow non-profit organizations to file these applications , at what point does the property that ' s going to be constructed be taxable , as far as property taxes? -33- Attorney Grace : Always . Commissioner Klenke : How? I mean under what . . . Attorney Grace : Any other piece of land . . . you have a piece of land , it ' s taxable now. Commissioner Klenke : Not , not if you ' re a non-profit organization . Attorney Grace : Oh, yes . It ' s land taxable . Not non- taxable . It ' s non-profit . Commissioner Klenke : Why don ' t churches pay taxes? Property taxes? Attorney Grace : Because it ' s not non-profit . It ' s non- taxable , too . That ' s an impossible classification . Commissioner Klenke : Separate entity . So , even now that land is taxable even though it ' s owned by a non-profit . . . Attorney Grace : It ' s owned by the Church now. You ' re talking about one specific case . The general rule is if it ' s non-profit organization, it still would pay real estate taxes in Town . If they took that further step and it was nontaxable , non-profit . There ' s not too many of those . Churches is one of them. We understand that eventhe obtaining of a non-profit is a very strict procedure . Commissioner Klenke: Then what you ' re saying is then if it is whatever land they are going to own or build dwellings on. . . Attorney Grace : Whoever the applicant be . . . . Commissioner Klenke : The thing that I was concerned , on page 3 you say land will be subject to real estate taxes . You didn ' t really mean just the land . You mean whatever dwellings are going to be built on it also? Attorney Grace : . . my ineptitude . Commissioner Conde : I have one point that I would like to make . When you grant a special exception , you don ' t1want a lot of regulations . You don ' t want a lot of definitions , because then it ' s up to the Commission to completely control what is being built . The more regulations you write , the worse off you ' re going to be , -34- because then you don ' t need a Commission . So , when it ' s a special exception , as would be this case , you want a minimum of regulations and really let it go at that . Because ifyou put too many , then you get trapped . I would like to echo that . In lisitng the controls that the Commission have , and I ' m talking about that you should see the regulations , you should see the by-laws and be comfortable with everything . What Mr . Conde is saying is it . That ' s a special exception . You tell what you want , and require them. That ' s part of your approval . Anything that you want within reason as a special exception you ask for . Chairman Gilligan: Okay , Attorney Grace , I just want to follow up as to Mrs . Klenke ' s question on taxes . I understand that there are organizations that are not subject to paying property taxes so long as they use the property for that purpose of their organization . However , if a non- . . . Attorney Grace : My tax expert is right here . Chairman Gilligan : . . . . if a non-taxable organization uses property for some purpose other than what qualifies them as non-taxable organizations , they have to pay taxes like everybody else . Attorney Grace : That ' s my understanding . Attorney Cummings : Mr . Gilligan? I think, and there ' s been a lot of confusion on that , just a short course in taxation and I ' ll be brief . Non-profit does not mean non-taxable as far as real estate taxes are concerned . Non-profit means that under the federal income tax rules , an organization like , for example , the Rotary Club , or other civic organizations , can take in money and put it to good use and not have to pay a personal or a federal income tax on that money that they ' ve received from the members . So , for example , this community will be maintaining . . . let ' s say we ' re speaking on the genral situation . . .we have a non-profit corporation that will be collecting fees each month from the residents . That -35- income is used to mow the lawns , plow the snow, fix the roof , whatever has to be done , but it does not have to pay an income tax on the money received from the residents and spent or plowed back into the project . It is not , however , a charitable organization , such as a church or other charity like the Salvation Army, which is covered under another section of the regulations which says if you give money to a church you can take a deduction for it as a charitable contribution and any contribution that that organization receives is also tax exempt from any taxation , like you can ' t tax a church because it ' s recognized under this special section of the regulations . That ' s a different (unintelligible) . Non- profit is not the same as exempt from taxation for purposes of real estate taxes . So all property , trucks , maybe they have a truck, maintenance vehicle , whatever , the buildings themselves , the narking lots , the improvements , are all property owned by this community , but it is subject to town local real estate taxation. It ' s only the income cash flow that passes through the hands of the corporation that would be non-taxable for federal purposes . Chairman Gilligan: Just - the point is , if the church maintained ownership of all of these units they would still have to pay property taxes on these units? Attorney Cummings : Oh , yes . Yes , because it wouldn ' t be related to the church. There ' s another rule . . . Chairman Gilligan: Okay , I understand that . There also was a question at the hearing about the age . In the application , there ' s a suggestion that the definition of adult housing be people 55 years of age or older and there was some question here as to whether that age should be something greater than age 55 . Could you enlighten us as to how you chose 55? Attorney Grace : I think we were trying to get an age when kids are gone from the nest , and the house is too big , and at that point people are interested in getting rid of the larger house . Maybe reducing mortgages , and some of the people here made that comment . So , I think that ' s the reason . Some people are retiring at 55 . So that was kind of the age that we picked . We ' re not anticipating a very low cost unit , and maybe the money from -36- equity could be used . Other towns have set 55 , that ' s one of the reasons . Other towns don ' t even have an age limit , but there are several at 55 , so . Attorney Cummings : Chairman Gilligan , to follow up on that also , the other reason for age 55 is under Federal income tax rules , federal taxation , if you ' re the person who owns a house and over the years you ' ve accumulated equity in that house and maybe your house is now worth a hundred thousand dollars , and you only have maybe a five or ten thousand dollars mortgage , when you go to sell that house , and if you don ' t buy another house within two years , you ' d then have to pay a capital gains tax on all the profit that ' s accumulated over the last forty or fifty years , so you could be paying $15 , 000 , or $20 , 000 taxes , except there ' s a special rule , and again , in the federal tax code , that says if you ' re age 55 and older , and you sell your house , you don ' t have to buy another residence within the two year period and the first $125 , 000 of profit on your house is tax free . it is possible that a good many of the people that may wish to live there , having sold their home , may desire to lease , rather than buy , so they , by being age 55 , would be exempt from capital gains taxation and not have to pay a big tax to live in the community if they wish to lease as opposed to buying . So that is the other reason for 55 . Chairman Gilligan: Thank you . The public portion of the hearing is closed . Are there any more questions from the Commission? What ' s that? Yes , the hearing on this application is closed . The Commission will notify of its decision and we have a request for a five minute break before we start the next application . We ' ll reconvene at 10: 00 o ' clock , by that clock . owN o S"M C�• U 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 v 1t��O v AREA CODE 203/644 SOR-cco) -2511 March 7 , 1984 Richard Rittenband, Esq. 1734 Ellington Road South Windsor , Ct . 06074 Dear Dick: Re: App . #969 - Deming Hill Associates Amendment to Regulations for adult housing I 'm enclosing a copy of the proposed amendments to the zoning regulations concerning adult housing, and a copy of the Minutes of the Public Hearing we held in this matter . A Commissioner has raised a question regarding whether or not it is legal for the Planning and Zoning Commission to put an age limit on a use in a zone , and the Commissioner cited two, cases which may help you in rendering a legal opinion: Connecticut , Hinman, 1965 , 26-125 , and U. S . Supreme Court , Murgia v. Massachusetts , 1976 , 427 U. S . 307 . The thrust of the Commissioner ' s argument is that these cases say you cannot use age alone and must have some other criteria, such as receiving social security benefits . These amendments will be discussed at our March 20th meeting , and I would appreciate receiving an opinion from you by March 16th tunity of reviewing it and discussing so that I will have the oppor it with you , if necessary , prior to the meeting on the �Oth. yours very truly, PLANNING AND ZONING COMMISSION By • RFG: vg ' Robert F. Gii igan, Ch 'rman encs. CC: William E. Grace, Esq . P . DeMallie , Planning Director �qOwN SFq<� O w sou� vii� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR co�'�w AREA CODE 203/644-2511 REPLY TO: 1734 ELLINGTON ROAD SOUTH WINDSOR, Cif 06074 TEL 6+44-2456 March 16, 1984 Mr. Robert F. Gilligan, Chairman, Planning and Zoning Commissioner Town of South Windsor 'f 7 19 4 1540 Sullivan Avenue South Windsor, CT 06074 FlanRl�SOUt h 14v- g & 1o,71ng Co�;�r;�l Re: App. #969 - Deming Hill Associates ulpn Amendment to Regulations for Adult Housing Dear Bob: This is in response to your letter of March 7, 1984 relative to the above matter. I have reviewed the cases cited in your letter as well as Section 8-2 of the statutes and have concluded as follows: 1. Hinman v. Planning and Zoning Commission, 26 Conn. Sup. 125 (1965) is distinguishable from the above application in two respects. a) . Hinman involved the creation of an entirely new zoning district for elderly people for which the Court found no authority in Section 8-2, whereas the subject application is for a special use permit classification which the Court in Hinman said is authorized under Section 8-2. on page 128, the Court, in referencing Section 8-2, said "It also provides, as special exceptions, that certain classes or kinds of buildings, structures or use of land may be provided for in an ordinance on obtaining a special permit, subject to necessary and appropriate safeguards and standards enumerated in the ordinance." Further, Section 8-2, as it presently reads, authorizes a special use permit classifi- cation by the following language: "All such regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district, and may provide that certain classes or kinds of buildings, structures or use of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commis- sion, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary,, designate, subject to standards set forth in the regulations and to con- ditions necessary to protect the public health, safety, con- venience and property values." -2- b) . Hinman cited, as one of its reasons for its decision, the failure of the Town to demonstrate the need for/residential complex for the elderly. In the subject application, there was evidence at the hearing, includ- ing a motion adopted by the South Windsor Housing Authority, of a need for this type of housing in South Windsor. Further, by previously adopting Section 4.1.11, which provides for a special use permit for housing for the elderly, the South Windsor Planning and Zoning Commission has already concluded that there is a need for elderly housing in South Windsor. The fact that existing regulations are limited to Town sponsored housing as opposed to private or non-profit does not alter the fact that the need was expressed. The distinction is irrelevant. Finally, it should be noted that 14 years after Hinman, the Court, in Tavella v. Planning & Zoning Commission, 1979, 5 Conn. Law Tribune No. 26, pg. 14, rejected the conclusions in Hinman and found that age restricted zones did serve the general welfare of the community and was an authorized purpose of zoning power delegated to Connecticut towns. Therefore, whether by special permit or zone change, restrictions based on age can be valid. 2. Massachusetts Board of Retirement et al v. Murgia, 427 U.S. 307 (1976) U.S. Supreme Court, was also mentioned in your letter. A review of same indicates that the subject application is in compliance and not in violation of the ruling in that case which found that the mandatory retirement of Massachusetts uniformed state police officers at age 50 did not violate the equal protection clause of the U.S. Constitution. It specifically found that classifications based on age are not considered suspect and that such mandatory retirement considering that physical fitness generally declines with age was rationally related to the State's legitimate purpose of protecting the public. It clearly indicated the power of a legislative body to create classifictions based upon age provided there is a rational basis for them. In regard to the subject application, providing adequate housing for adult citizens can easily be considered as fulfilling the legitimate purpose of "promoting health and the general welfare" as set forth in Section 8-2. As a matter of fact, the Commission, by its existing regulations mentioned above, has already identified the meeting of the need for elderly housing as promoting the health and general welfare of the community (and as stated above, this is not limited to Town sponsored housing) . Courts have consistently upheld this concept as in Tavella v. Planning & Zoning, supra. In Maldine v. Ambro, 36 N Y 2d 481 (1975) the Court found that meeting the need for housing for aged persons to be within the concept of public health, safety and general welfare. Other New York as well as New Jersey and Massachusetts cases have made similar findings. Roselle Park v. Union, 113 N.J. Super 87 (1970) , Kelloway v. Board of Appeal, 361 Mass. 249 (1972) , Campbell v. Barraud, 394 NYS 2d 909 (1977) . The latter case upheld the creation of a planned retirement district with occupancy limited to persons 55 or older. Also, the age requirement of 55 or older has a rational relation to a legitimate purpose. Age 55 has been shown to be a legitimate, legislatively recognized standard for defining a class of persons in at least two areas. First, the Internal Revenue Code permits a person who has attained the age of 55 to sell his primary residence and have the first $125,000 of capital gain exempted from taxation even though this could be considered discriminatory. Secondly, many pension plans, federal, state and private, permit retirement commencing at age 55. -3- That age is also a standard in the Federal Employment Retirement Income Security Act (ERISA) . The classification at age 55 rationally furthers the purpose of promoting health and the general welfare, and is therefore, in compliance with Mur ia, supra. Based upon all of the foregoing, it is my opinion that the proposed amendments establishing an age limit for a use in a zone do not violate the equal protection clause of the U.S. Constitution, do not violate applicable state statutes or case law and in fact may be legally adopted under the authority of state statutes. Accordingly, based upon the information provided to me and my review, I see no legal impediment to their adoption. Very truly yo rs, f Richard M. Rittenband Town Attorney RMR:mwd PLANNING AND ZONING COMMISSION MARCH 20 , 1984I SPECIAL MEETING SOUTH WINDSOR TOWN HALL Members present : Gilligan, Montana, Sorosiak, Sorens n , Conde , Mosher and Smith Alternates present : Hallowell , Goodwin and Klenke arrived 30 minutes late) PUBLIC PARTICIPATION None e NEW BUSINESS ,T • 1 . Comprehensive Plan of Development Mr. DeMallie and Ms. Sloan distributed copies of the ransportation Element and informed the Commissioners that this woul replace the pages currently in their books . Mr . DeMallie then reviewed at length the material cov red at the last meeting on the update of the Plan, all of which is contained in his Minutes of the January 28 , 1984 Special Meeting of this Commission. The Commissioners discussed briefly how they wished to go about reviewing Plans from other Towns , and presenting South Windsor ' s updated plan at the public hearing , and Mr . Gilligan suggested that individual Commissioners should review the plans from other Towns and report back to this Commission on April loth . When public hearings are held he suggested that individual Commissioners could present different elements of thel Plan to the public. Mr. DeMallie then outlined the Transportation Elements of the Plan which had been distributed earlier in the evening , which includes a draft of a Highway Plan; Current Traffic Volumes and Volume Levels ; Future Traffic Volumes ; Existing and Future Road Classi- fications ; Traffic Accidents ; Interstate Trade-In Projects ; Future Highway Plan ; Sidewalk Plan and Future Sidewal k Plan; and , Mass Transit Plan. He pointed to maps which had been prepared portraying the following: Highway Plan, Future Streets ; Existing Volume Levels Future Volume Levels ; Highway Plan , Major Reconstruction; Existing Land Use ; Traffic Accidents in 1982 ; Sidewalk Plan , and Existi g Sidewalks . noted that the path of I-291 , on t is conceptual The Commissioners plan, moves the road further north and in effect cu s off the portion of the Town to the south. Mr . Gilligan noted that the State is ruling out development of hundreds of acreslof land, and the Town should get the message to the State that it is not pleased about this . He asked Mr. DeMallie how this could be done , and Kr . DeMallie suggested that perhaps a representativelifrom DOT could be invited to attend a PZC meeting to discuss the Commission ' s concerns . Planning and Zoning Commission -2- 3/20/84 Mrs. Montana said the Town should try to get an exit from I-291 somewhere in the middle of the path of it through South Windsor, and Mr. DeMallie said he feels the chances of that are zero . There was further discussion and the secretary was instructed to write to Conndot and advise them that the Comprehensive Plan is being updated and the Commission is concerned with the new location of I-291 and how it will impact industrial development inthe southern part of Town, and invite them to attend the meeting on April loth . Referr�nag to the Open Space/Recreational Element of the Plan, Mr . DeMallie said the Planning Department has prepared charts. Referring to the Land Use Element , he reported that he has two interns working on this, and a third intern is working on the Environmental Element . The next meeting for discussion of the Comprehensive Plan is scheduled for April loth . 2 . Report under Section 8-24 concerning property at intersection of Graham, Ayers & Sullivan The Commissioners discussed this matter and Mr. Hallowell said it was the Public Facilities Task Force which originally recommended the sale of this parcel. Mr . Gilligan noted that it can not stand alone , and must be attached to another parcel in order to be developed. The Commissioners reviewed the Minutes of the Council ' s meeting on February 6, 1984 , and also the Resolution adopted by the Council on February 21 , 1984 referring this matter to PZC. Mrs. Montana then made a motion that the Planning and Zoning Commission recommend that the Town Council sell the property owned by the Town bounded by Ayers Road , Sullivan Avenue and Graham Road, and that it abandon Ayers Road (old location) , as outlined in Resolutions of the Town Council dated February 6 , 1984 and February 21 , 1984 . The Council should take into consideration the fact that in order to develop this parcel under the Zoning Regulations, it must be attached to other lands. Mrs . Smith seconded the motion and it was unanimously voted in favor and so ordered. 3 . App . #969 - Deming Hill Associates - Amendment to Regulations concerning elderly/adult housing ' Chairman Gilligan said that Mr . Hallowell had raised a question about the legality of this proposal and the Town Attorney , in .his letter dated March 16 , 1984 , last paragraph, stated : "Based upon all of the foregoing, it is my opinion that the proposed amendments establishing an age limit for ar use in a zone do not violate the equal protection clause of the U . S. Constitution, do not violate applicable state statutes or case Planning and Zoning Commission -3- 3/20',/84 law and in fact may be legally adopted under the authority of state statutes . Accordingly, based upon the information provided to me and my review, I see no legal impediment to their adoption. " Mr. DeMallie noted that elderly housing is currently a special exception use and the proposed amendment would define the age at 55 and over . He said that his concerns ,which were expressed at the public hearing, were regarding parking which should be increased to 1 . 5 spaces per unit ; density should be decreased from 21 units per acre to about 8 units per acre ; the square footage of 350 s . f . is too low and should be increased ; and isome sort of buffer should be required . Mr . Gilligan noted that the current requirements are minimum requirements, and Mr . Conde said he thinks anything coming in under adult housing should conform to the MF-A regulations because that ' s how it will be used. He noted that if it is elderly housing , let it be elderly. Mr . Hallowell asked Mr. DeMallie if the modifications to the regula- tions in its present form is acceptable , and if he would recommend it. Mr . DeMallie said his recommendation is to increase the square footage and parking requirements . Mr . Hallow 11 replied that he asked if the proposed amendments are accepta le in their present form, and Mr . DeMallie answered that the applicant did not address parking or square footage . Mr . Gilligan said that this would be a special exception, and these are minimum sizes. Mr . DeMallie said he think parking should be increased, density decreased, unit size in reased and buffers, such as in the MF zone , should be required . Mr . Conde said he thinks the 2 acre requirement is too small and there ' s a lot of land in town, and even though t is applicant ' s proposal is for a larger lot , the next one may not b� . He suggested possibly requiring 10 acres. Mr. Sorenson noted that what this Commission is real y doing is rewriting the regulations for adult housing and doin it under the 'guise of modifying the elderly housing regulations . Mr. Hallowell said he is concerned with how the age limit could be enforced, and Mr . Gilligan said that it was brought out at the public hearing that the Association would make provisions in its by-laws . Mr . DeMallie said that perhaps the definit on in the Zoning Regulations could be revised to read that "on occupant shall be 55 or older" . ' n ' concern is . Mr . Gilligan said he ' s not sure what the Commissio He noted that they have heard a proposal for adult housing and there is a need for various types of housing in Town When condos first came in, South Windsor was not familiar with t at type of housing . He noted that this proposal may be new to �outh Windsor but it exists in other parts of the Country. Planning and Zoning Commission -4- 3/20/84 Commissioner Mosher added that it exists in adjacent towns such as Vernon and East Hartford. Mr . Sorenson said he thinks 55 is just a smoke screen and asked what the real advantage of doing this is, and he noted that the Town will have to worry about how to control this and the need for this type of housing can be satisfied under the current regulations . Mr. Gilligan said he suspects this Commission would not be willing to permit MF-A on this site, and Mr . Mosher said he doesn' t think the Commission would be setting a precedent by approving these amendments. He noted -that a lot of people 55 and over would prefer to live in a development without a lot of young children. Mr. Gilligan said the question is whether the Commission wants to set up the regulations to address this question. He said it can be called skirting the issue, but does the Commission want to address adult housing ? He noted that there is a need for adult housing. Mr . Sorenson said his concern is to separate this from elderly housing . Mr. Gilligan noted that this Commission has created special exceptions for all sorts of things, even to permit the sale of boats at a location on Route 5 , and he doesn' t think the Town is worse off for it . A special exception is used to accomplish things that otherwise could not be in Town. Mr. Conde said he would like to see a lot of the ideas brought up tonight written down and discussed again . Mr . Gilligan noted that the neighbors in this area would never buy an MF-A proposal, and Mr . Conde said he ' d like to see some of the MF requirements put into this special exception. He said he ' d like another section called Adult Housing, as opposed to MF-A or Elderly , as a special exception. Mr. Gilligan noted that this Commission has been casting about for ways to provide affordable housing, and Mr. Sorenson said the only advantage to this proposal is to limit the number of younger ' people, and not make it more affordable . Messrs . Mosher and Gilligan replied that people over 55 have a different need, and this type of housing is needed. Chairman Gilligan said that Mr . DeMallie could redraft the regulations , but if this Commission does not want adult housing it is wasting his time . He asked if the Commissioners feel there is a need , and Mrs . Sorosiak said she ' s concerned about the best way to accomplish. this need. Mr . Gilligan replied that these regulations address all the arguments which have been brought up to control lower cost housing for elderly people. Mr . Sorenson noted that the condominium regulations can satisfy this need . Mr . Mosher said that condos don ' t have to be located near churches and stores and be within walking distance , and he further noted' that as the Town grows older and becomes more developed, land near shopping areas will become more scarce. Planning and Zoning Commission -S- 3/20/84 Mr. Hallowell said he would like to see at least a portion of these units for people on fixed incomes. Mr . Mosher noted that adopting these regulations wi4 serve an element in Town which is not now being served , and holpefully another developer could come in to serve the group Mrl,. Hallowell is talking about . He noted that if a person sells h�s home for $120 , 000 , and buys one of these units for $70 , OOOI, he can put the remainder in the bank and supplement h-is retirement income . Mr . Conde said that the Town has a Housing Authority that should be addressing these needs . Mr . DeMallie asked what the Commission wanted in the regulations he is supposed to draft , and was told to address the concerns he raised at the public hearing. Mr . Hallowell said (the MF-A section could be referenced, and Mr. Gilligan replied that there ' s too much in those regulations that shouldn ' t !apply to elderly regulations since this is a special exception. Mr . DeMallie noted that the MF regs are 18 pages long . A question was raised aboutthe necessity of a public hearing and it was agreed this would be checked out with the ,Town Attorney. Mr . Conde moved the meeting be adjourned at 10: 30 P . 0..1. , seconded by Mrs . Smith and unanimously voted in favor . Resp jlctfully submitted, All Virgin fa S . Gxa-ney , R cording S cretary APPROVED: I • I � U T-awn O-P S-0� vzn� 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 SoR-co"r AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , ARCH 22 , 1984 THURSDAY , tARCH 29 , 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice is hereby given that there will be a public hearing -of the Planning & Zoning Commission on Tuesday , April 3 ,� 1984 , at 8 : 00 P . M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue , South Windsor , to consider the following: 1 . Application of J & R Realty of Connecticut , Inc . for a special exception to Section 4 . 6 . 3 . 2 and approval of a site plan of development for property located on 25 . 3� acres located on the west side of Wheeler Road , south of Smith Street and north of Pleasant Valley Road , MF-A zone . A copy of this application and map more clearly defining the property is on file in the Office of the Town Clerk of the Town of South Windsor . At this hearing interested persons may appear and be heard and written recommendations will � be received . PLANNING AND ZONING COMMISSION Robert F. Gilligan, (Chairman David Sorenson, Secretary PS low 0�_ y v 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. I06074 oe•c �w AREA CODE 203/644-2511 March 30, 1984 Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut Dear Commissioners: Re: Adult Housing Amendment As requested at your March 20, 1984 meeting, I have drafted amendments to the Rural Residential zone a lowing for "adult housing" developments which modify the eming Hill proposal , per your instructions, --as -follows: - Adult housing regulations are contained irva news Section 4 . 1 .12, separate and distinct from Section 4 . 1 . 111 Housing for the Elderly. - Numerous provisions of the MF zone now apply, usually by reference . This includes : procedures; allowed uses; requirements for area and density, dimensions, design, dwelling size, improvements, recreation, landscaping/ buffers, signs , and community association documentation. - Minimum site size is 10 acres, rather than 2 . - Required parking of 1 . 5 spaces/unit, rather than . 25 . - Maximum density of 8 units/acre, rather than 21 .,78 - Unit sizes and storage requirements identical to that in the MF-A zone . - Buffers as in the MF zone . - "Adult housing" definition with clarification Oat one occupant of each unit must be at least age 55 . I look- forward to reviewing the attached draft wi h you at your earliest convenience, relative to its applic tion in any single-family residential zone throughout Sou h Windsor . Peter R. DeMallie Director of Planning cc : William Grace, Esq. Rick Martel , Town Engineer Virginia Graney, Planning and Zoning Clerk I RURAL RESIDENTIAL (RR) ZONE PROPOSED AMENDMENT - ADULT HOUSING Add a new Section 4 . 1 . 12 , as follows : "4. 1 . 12 Adult Housing : The purpose of this special exception use is to provide housing particularly suited to the needs of persons 55 years of age , or older ; said use to be located in reaoonable proximity to such shopping and services as are required by persons of said age ; said use to be designed to provide a pleasant environ- ment for habitation; and said use to be in conformity with the general framework and intent of the Comprehensive Plan of Development for South Windsor. Permitted Uses Within the adult housing development , the following useslof buildings and land shall be permitted only by special exception, subject to the requirements of these regulations : 1 . One- , two- , or multiple family-dwelling units , regardless of the form of ownership of the land and buildings . 2 . Uses allowed under Section 4 . 6 . 2 .A. 2 & 3 . The form of ownership shall be identified, in writing , aft time of initial application. 1 . Procedure : Application for this use may be filed o ly by the rit of the Town of South Windsr, or a Public Housing Authority non-profit organization. a . The Commission shall be guided by the requirements of this section where reporting on the mandatory referral for acquisition of housing sites under the Connecticut General Statutes, where applicable . b. The applicant shall first submit to the Commission an appli- cation for a General Plan of Development, in accordance with Sections 4 . 6 . 3 . 1 (references to zone changes do not apply) , and 4 . 6 . 4 . 9 of these regulations . Said applicationlshall be accompanied by an application for a Special Exception. c . . Upon approval of the General Plan of Development and Special Exception, the applicant shall submit a Site Development Plan application, in accordance with Section 4 . 6 . 3 . 2 (references to "MF Zone" and "Special Exception" are to be construed as refe- rences to "residential zone" and "Site Development Plan respectively, as herein applied) . PRDI, 3/29/84 2 . General Requirements : a. Location: The site shall : be on land owned by t e Town of South Windsor and/or a non-profit organization; be 1 cated within reasonable pedestrian distance of convenient shoppin facilities, and preferably within walking distance of personal service faci- lities and houses of worship. b . Area and Density Requirements: 1 . Minimum site size shall be ten (10) contiguous acres not divided by a public street. 2 . Density shall be as set forth .in Section 4. 61�. 4 . 1D of these regulations . C. Dimensional Requirements : All requirements of Section 4. 6 . 4 . 2 shall apply,iexcept : minimum lot width shall be one hundred (100) feet; the minimum front yard shall be fifty (50) feet; and the Commission may waive required minimum setbacks, where consistent with good design practice . d. Design Standards: All requirements of Section 4 . 6 . 4 . 3 of these regulations shall apply, except where waived by the Commission, con- sistent with good design practice . e . Dwelling Size and Type/Storage : The provisions of Section 4 . 6 . 4 . 4A relative to the MF-A zone , shall apply . f . Improvements : The provisions of Section 4 . 6 . 4 . 5 shall apply, except where waived by the Commission, consistent with good design practice , and in consideration of the development ' s form of ownership. Off-street parking, per Section 4 . 6 . 4 . 5F, shall be at a minimum rate of 1 . 5 parking spaces per dwelling unit; however, the Commission reserves the right to require up to 2 .0 spaces per dwelling unit . g . ., Open Space/Recreation; Landscaping The provisions of Section 4 .6 . 4 . 6 shall apply, except where waived by the Commission, consistent with good design practice . h. Buffers/Signs : The provisions of Section 4. 6 . 4 . 7 and 4 . 6 . 4 . 8 o these regulations shall apply . -2- PRDi3/29/84 i . The applicant, or his assigns , shall establish t e adult housing development' s community association with documents conforming to the Connecticut Common Interest Ow ership Act , where said development constitutes a "multiple-ovner develop- ment, " as defined by these regulations . " Section I - Definitions , add: "Adult Housing : Housing for persons 55 years of age , or 'older , which housing shall be limited by Section 4. 1 . 12 of these regulations . At least one occupant (resident) of each dwelling unit shall be 55 years of age, or older . " Section 4 . 2 . 7 - Amend to read: "Housing for the Elderly, and Adult Housing, subject to the require- ments of Section 4. 1 . 11 and 4 . 1 . 12 above . " Section 6 . 3b - Amend to read: Multi-family, elderly, and adult housing: See re uirem nts enumerated in the applicable zoning district regulations " Section 8 . 4 Add: Adult Housing dwelling 1 � 5 per e g unit. " Table of Contents - add: "Adult Housing . . . . Section 4. 1 . 12 . . . .Page 29 Elderly Housing . . . . Section 4 . 1 . 11 . . . .Page 27" -3- PRD 3/29/84 i PLANNING AND ZONING COMMISSION APRIL 3 , 1984 PUBLIC HEARING AND SPECIAL MEETING SOUTH WINDSOR TOWN HALL Members Present : Gilligan, Montana , Sorenson , Conde , siak, Mosher and Smith Alternates Present : Hallowell , Klenke and Goodwin PUBLIC HEARING APR 1 . Application of J & R Realty of Connecticut , Inc . foi a 67984 p Q special exception to Section 4 . 6 . 3 . 2 and approval of a site plan of development for property located on 25 . 37 acres located on the west side of Wheeler Road , south of Smith Street and north of Pleasant Valley Road , MF-A zone Attorney Raymond LeFoll was present on behalf of the applicant and informed the Commissioners that a zone change and general plan of development for this site was approved several months ago . This application for a site plan and special exception is substantially the same as the general plan except for certain modifications to accommodate the concerns raised by the Commissioners , public and staff . Mr . Ken Smith of Reino Hyyppa & Associates reported as follows : Allowable lot coverage on this site is 60% and they are 'Iproposing 31% . Required parking spaces are 260 plus 13 recreation vehicle spaces and they are proposing 269 spaces -plus the 13 for recre tion vehicles . Density permitted on the 25 . 37 acres is 203 units , and hey are pro- posing 130 which is 5 . 12 dwelling units per acre , whichlMr . Smith said, he believes is the lowest in South Windsor . None ' of this land is in the flood plain or wetlands . There will be 79 , 500 s . f . of open space which includes 32 , 500 s . f . for the area of the pool , tennis , basketball and tot lot . Drainage runs towards the northeast corner of the lot into Smith Street into an existing sewer . Sanitary sewers are on Smith Street . Water will be brought into the site from Clark Street , up Smith and into the site . Roadway ork will be done on Smith, Wheeler and Pleasant Valley and drain ge will be installed on Wheeler and along Smith . The project will be built in four phases , and the first phase will include 37 units plus the recreation area. The second and third phases will have'' 28 units , and the final phase will have 37 units . Mr . Smith said that at the previous meeting the Commissioners were concerned with buffering , especially along Wheeler and they have created mounds , and also some minor grading around some of the units to soften the effect . Erosion and sedimentation control measures will also be taken . During the summer they will use tobacco'Inetting and temporary seeding of stockpile areas to prevent blowing'I. Bruce Morton of Geotoxi Associates , Inc . , Hydrogeologis'ts and Consultants , then gave a report concerning a study which was undertaken to determine the impact , if any , of the proposed building of the Pleasant Hill Condominiums to the existing pond located'l in the central area of the adjacent Cinnamon Springs Condominium comp ex. Mr . Morton concluded in his report - "Groundwater primarily flows across the Pleasant Hills site from a southeasterly to a northwesterly direction at an average rate Planning and Zoning Commission -2- 4/3/84 :4, N •of . 17- ft/day . Prior to the contruction activities surrounding the Cinnamon Springs Pond area , groundwater in this region flowed in a northwesterly direction. Under current conditions , the direction of both surface and groundwater flow around the Pond has been somewhat `altered to flow more northeasterly . Both groundwater regimes ultimately contribute to the Plum Gully Brook watershed . Proposed construction activities to occur at Pleasant Hills will have a limited , site-specific impact' on water table in the northwesterly corner of the property . This will be related to the need for footing drains around buildings with bottom elevations below 98 . 25 feet above MSL. These drains will in turn be outletted to the detention basin in the northwesterly corner so that water will be reinstituted into the watershed . Drainage of groundwater away from Cinnamon Springs Pond as a result of construction at Pleasant Hills will not occur . The installation of previous surface and groundwater control devices , such as the existent surface drainage channel and detention basin separating the two properties, would have been more apt to have had such an impact on the pond. Existing and proposed bottom elevations for the detention basin are 92 . 0 feet above MSL . According to the original engineering plans for the Pond at Cinnamon Springs, its bottom elevation is 90 . 0 feet above MSL. In addition , subsurface placement of storm and sanitary sewer lines interceding the two properties would have more of a tendency to intercept groundwater along the pipe bedding materials than would construction activities at higher elevations on the Pleasant Hills site . " Gary Hath of C R 3 , Inc . stated that there are four building types and all include at least one garage . They plan on having 40 one-bedroom units and 90 two-bedroom units . There will be one-bedroom flats , two-bedroom townhouses with one car basement garages , two-bedroom town- houses with two car garages , and two bedroom ranches with twocar garages . He pointed out that the units in the villages closest to each other are about 180 ' apart . The recreational facilities are centrally located and include a basketball court , swimming pool and two tennis courts . The architect for the project , Anwar Hussein, pointed to various layouts of the units and said the buildings will be of maintenance free materials , with aluminum or vinyl siding . There will be no windows on side units to maintain privacy , and the ranch type units are suitable for handicapped people . The units have been designed to be energy efficient . Attorney LeFoll then concluded by stating that he would not go into the traffic impact , since a report had been submitted with the zone change/general plan application which was prepared by Purcell Associates , dated September , 1983 . The site is served by CL & P , Planning & Zoning Commission -3- 4/3/84 MDC Water and has sewers . Inland Wetlands issued a dis harge permit for the detention basin on September 14 , 1983 . ox Cable has indicated they will serve this site . The Board of ducation reviewed the plans and if there are more than 17 students at any one site they will make internal pick-up . The Fire Marshall is satisfied with the location of the hydrants . The Police Dept . has reviewed the site plan and has no objection to the names of the streets . The Recreation Department indicated the recreation and land use is well planned and is good. Mr . LeFoll said he feels they have addressed the concerns of the Commission by the use of the berm along Wheeler and aga n reiterated that this site has the lowest density in South Windsor . Mr . DeMallie , Town Planning Director , reviewed the density of other condominium sites in Town and agreed this will be lowest . He noted that villages E , F , H and I have been redesigned to place the driveways off the principal streets . Sheet #1 should be modified to reflect this . There is a non-conforming barn at the southwest corner of the site which must be removed prior to issua ce of building permits or filing of mylars . There will be a 4 ' stonedist sidewalk around the entire perimeter of the site which is consistent with the draft sidewalk plan. Mr . DeMallie recommended that , the buffer on the northeast side of the site - should be installed as soon as possible , since it is likely that there will be a large commercial development on the east side of Wheeler and the plantin s will be well established . Mr . DeMallie concluded that the deve opers have done a fine job in designing this project . Mr . Martel , Town Engineer , reported that the irrigationipipes shown on the site plan should be shown on the profile on page 8 , and the determination of what will happen to them be shown . l The interior sidewalks have to be upgraded to meet Town specificatio s that stubs be provided on all the catch basins on Wheeler and Smit, Street , with the appropriate sized pipes . On Smith Street another s nitary manhole must be added to bring that line into the maximum distance of manholes of 300 feet . On the conservation plan, Mr . Martel said they would like to see a general statement as to the storage of malterials . The footing drains must be addressed as to their hydrogeologic site analysis as indicated . Lastly , the engineering departmjent would like to be supplied with the quantity takeoff for improvemenits in order to determine future bonding of the phases . No one in the audience spoke in favor of this applicat on . Mrs . Rose Pastula of Pleasant Valley Road asked for clarificatio of the drainage system, with Mr . Smith again outlined . She then raised a question about a dangerous spot in Pleasant Valley Road , and Mr .l DeMallie reminded her that the Town at one time wanted to improve Pleasant Valley Road and the neighbors , including herself , werelopposed . Leonard Bornstein of Cinnamon Springs Condominiums said he was concerned with the pond at their complex, and a brief discussion ensued with Mr . Gilligan noting that the report submitted this evening clearly indicates that this development will have no affect on 'Ithe pond . Planning & Zoning Commission -4- 4/3/84 Commissioner Montana asked if the small clump of trees at the corner of Smith and Wheeler will remain, and Mr . Hath said that at least two of them were dead , but they would try to preserve what is left . Mrs . Montana then asked the distance between the closest units in some of the buildings, and Mr . Hath said that there was about 60 ' between G-11 and B-12 for example . Mrs . Montana asked if something could be done to prevent grass and weeds from growing through the stonedust sidewalks , and Mr . Hath said there were herbicides which could be applied a couple of times a year . SPECIAL MEETING Public Participation 1 . Nevers Road Park ' Commissioner Conde said he understands the Chairman and Vice-Chairman met with Town officials and the Mayor concerning the park, and he would like a report of what transpired . Mrs . Montana said she gathered that they plan to come back in with a site plan for the entire site . Mr . Gilligan said he got the impression that they were coming back with a plan since they need another ballfield and the approval they got from this Commission didn ' t include a ballfield . There was a brief discussion, and the Town Engineer said his department is drawing up a new plan and they will be coming before the Commission ' soon. Mrs . Graney , Secretary to the Commission, mentioned that she usually sends applicants a letter reminding them the deadline for filing the final plan is near, and the Commissioners said to go ahead and follow the usual procedure . New Business 1 . App . #984 - John Mitchell Subdivision , Strong Road Mr . Hallowell stated that the application should not have been ' received if the applicant wasn ' t ready to proceed with PZC , and asked the secretary if the Commission had requested the 65 day extension . The secretary said the applicant ' t attorney wrote to the Commission granting it a 65 day extension so that they would have the opportunity of resolving the matter with Inland Wetlands . There was a brief discussion and Mr . Sorenson madea motion to accept the 65 day extension which is from May 3 to July 7, 1984 . Mr . Mosher seconded the motion and it was unanimously voted in favor and so ordered . 2 . App . #983 - Winn/Mitchell/Covens ky - Open Space Subdivision, Abbe Rd . A letter from the applicant ' s attorney had been received requesting they be permitted to withdraw this application, without prejudice . Commissioner Conde asked why it should be without prejudice , and doted that would permit them to re-file the application whenever they wished . Planning & Zoning Commission -S- 4/�/84 After a brief discussion Mr. Sorenson made a motion permitting the applicant to withdraw the application, without prejudic . Mrs. Smith seconded the motion and it was unanimously voted n favor and so ordered . 3 . App . #969 - Deming Hill Associates , Inc . Amendment to Regulations to permit Adult Housing Chairman Gilligan explained that he had requested the Town Attorney to be present to explain the options the Commission had', in connection with modifying the proposed regulations for adult housing which had been submitted by this applicant . Attorney Richard M. Rittenband informed the .Commission as follows : The Commission has an application pending to change the regulations which was heard at a public hearing . Now the Commission wants to amend the regulations proposed by the applicant , and they have three alternatives : The first is to postpone acting on the pending application , and hold a public hearing on the staff ' s amendments . The second is to consider the changes proposed by the Planning Director to be an amendment to the applicarrt ' s proposal , and go ahead and either approve or deny it . Mr . Rittenband said he doesn' t recommend this alternative because he thinks Mr . DeMallie ' s changes are substantive enough to warrant a public hearing . He said if someone objects and appeals this matter , that would probably be their first argument . The third alternative is the one he suggests the Commission takes , and that is to consider Mr . DeMallie ' s proposal as a separate and distinct item. The Commission could either adopt or reject the applicant ' s proposal on the basis that a full public hearing was held. He said he understands that the site plan submitted by the applicant does not conflict with Mr . DeMallie ' s proposed regulations so it will not conflict with the regulations the Commission may adoptiin the future . Then, subsequently , the Commission could adopt Mr . DeMallie ' s regulations after a public hearing. Mr . Rittenband said the applicant should state for the record that the site plan the Commission is considering will not be changed . Mr . Rittenband said he feels this is the most reasonable way to resolve this situation. Hallowell said that at the Regular Meeting , when t Mr . Hall h ese applications�' were received, he made it a point to say that the site 'eplan does not conform to any regulations of the Town of South Windsor , and also that it was not submitted by a non-profit corporation . A lengthy discussion ensued regarding whether the applicant is a non-profit corporation , and about who signed the application . MrI. Gilligan pointed out that the application was signed by Deming Mill Associates , by its president , Richard Kelley , as applicant , and by, the Church Planning and Zoning Commission -6- 4/3/84 as owner. Attorney Rittenband suggested the applicant's attorney, William Grace, who was present, could answer that question. Mr. Grace said the church is non-profit and is one of the principals of Deming Hill Associates. They intend to prove this is a non-profit organization at the time the site plan is filed. Mr. Richard Kelley reiterated that by the time the site plan is filed, Deming Hill Associates will be a non-profit corporation. Mr. Rittenband asked if this corporation was filed as a non-profit corporation with the Secretary of State, and Mr. Grace said they have not yet gone through all the paper work, and were waiting to see if this application was approved first. Attorney Harold Cummings, another principal in Deming Hill Associates, said securing approval as a non-profit corporation is a lengthy procedure. ' Mr. Hallowell reiterated that the application should not have been received by the Commission because there are no regulations for it. Chairman Gilligan replied that this Commission has received applications to change the regulations at the same time as it received an application for a particular site in accordance with the changed regulations, in the past. Mr. Sorenson noted that maybe this was done in the past, but if the Commission is taken to Court would it have a foot to stand on? Mr. Rittenband said he didn't know, and asked where it says an application has to be complete before it can be received. Mr. De Mallie said he thinks it's in the Statutes, and if not, possibly in the Commission's by-laws. Mr. Gilligan said that continously raising these questions of law concerns him, since the Commission may not be considering the intent of this application and is discussing procedures which have been.in effect for years. Mr. Hallowell said the application to amend the regulations may be okay, but the application for the General Plan and Special Exception for the Deming Street site is the problem. Mr. Rittenband replied that unless it specifically says somewhere than an application has to be signed by all parties he does not see any problem, based on what's been raised so far. Mr. Sorenson said that's good enough for him. Mr. Rittenband noted that the Commission could act on this application and adopt the regulations, if so inclined, and then act on the site plan on the basis that the site plan does not conflict with the proposals the Commission knows are coming from the Planning Director. He noted that the Commission can always change its regulations, and that should not preclude it from acting on the regulations proposed by the applicant. Commissioner Smith noted that the regulations being presented this evening are not really what this Commission wants, and will later be changed. She asked if this would be setting a precedent, and Mr. Rittenband said that there is no danger of setting a precedent and it's not likely another application would be submitted in the interim. Mr. Sorenson added that by acting on this matter tonight, the Commission will save itself some work by not having to go through this whole cycle again. Mr. Sorenson said he has no problem with approving the Planning Director's regu- lations after the Commission reviews them, and what was presented at the public hearing on the general plan tends to match what is proposed by the Planning Director. Chairman Gilligan noted that in the past this Commission usually is in unanimous agreement, but that is not a requirement. . Planning and Zoning Commission -7- 4/3/84 Commissioner Sorenson then made a motion to approve the application of Deming Hill Associates to amend the Regulations as proposed in their application. Mr. Mosher seconded the motion. Commissioner Sorosiak said she has discussed this matter with a couple of attorneys and they informed her that there was no guarantee this housing would remain for adults for all times, and that the by-laws could be changed. Mr. Gilligan noted that they would then be in violation of the zoning regulations. Mr. Conde suggested it could be put in the Deed. Attorney Rittenband noted that the by-laws of the adult housing condominiums would be irrelevant, and and they would in violation of the zoning. Mrs. Sorosiak replied that she is concerned with the need for this', kind of housing, and that the Commission is setting up regulations to protect a certain group of people and excluding others. There was a brief general discussion and Mr. Gilligan called for a vote. He noted that Alternate Kenneth Goodwin was sitting for Marshall Montana, who disqualified herself from acting on this application, and the one for the General Plan. Voting in favor of approving the application of Deming Hill Associa tes , Inc. to amend the regulations as outlined in the legal notice attached hereto, marked Exhibit A, were Commissioners Sorenson, Smith, Mosher, Goo win and Gilligan. Voting against the motion were Commissioners Conde and �orosiak. The motion was duly approved and so ordered. The Chairman instructed the secretary to place the Planning Director' s proposed amendments for Elderly/Adult Housing Regulations on a future agenda for discussion. Mrs. Smith moved the meeting continue past 10:30 P.M. , seconded by Mr. Conde and unanimously voted in favor and so ordered. Referring to the' application for a General Plan of Development and) Special Exception, the Planning Director informed the Commissioners that the applicant would have to come back to the Commission for approval of a site plan and a resubdivision if the General Plan is approved. At this point Attorney Rittenband noted that the Commission should state a reason why it adopted the amendments as proposed by Deming Hill, and Mr. Sorenson said he would make another motion stating that the reason the regula- tions were- changed was because there is a need for adult housing i the Town of South Windsor and the regulations that have just been adopted will enable such adult housing to be built under the discretion of the (Commission and under the terms set forth by the Commission. Mr. Goodwin seconded the motion. Voting in favor were Commissioners Smith, Sorenson, Goodwin, Mosher and Gilligan. Opposed were Commissioners Conde and Sorosiak. Thelmotion was duly approved and so ordered. Attorney Rittenband asked when these regulations would go into effect, and the secretary informed him that it is usually the date the legal notice is published, and that is usually the Saturday following the meeting. Mr. Rittenband noted that the Statute reads that a date after the date the notice is published is specified in the Statutes. Mr. Sorenson said he would make a motion to establish the effective date of the amendments for adult housing to be April', 9th. The Motion was seconded by Mr. Mosher and unanimously voted in favor and so ordered. Mr. Gilligan noted that since the regulations don't go into effect) until Monday the Commission can't act on the General Plan since there arip no regulations in effect for it. He instructed the Secretary to place the matter� on the next agenda for discussion. Planning and Zoning Commission -8- 4/3/84 At this point, Mr. Robert Burrill3 who had been present for the entire meeting stood up and stated that he knows the Commission is not supposed to get input from the public after the public hearing, however, someone on the Commission had commented on the fact there wasn't any opposition to this proposal. He said there is opposition, and the people opposing this application intend to appeal this, and this matter is important to them. There being no further business, Mrs. Smith moved the meeting be adjourned at 10:55 P. M. , seconded by Mr. Conde and unanimously voted in favor and so ordered. Respectfully submitted, i BY: Virginid S. Gran , Recording- Sec 2 ecordingSecr ary APPROVED: � rIM SE, C r T-a O-P ?&r� c � a � w 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 OR-co AREA CODE 203/644-2511 r ' April 4 , 1984 William E. Grace, r ce, Esq . � 25 Oakland Road South Windsor , Ct . 06074 Dear Bill : Re: A . #969 - Deming Hill pp g i Associates, Inc.' Amendment to Regulations to permit Adult� Housing Please be advised that the Planning and Zoning Commission voted last night to adopt the amendments to the regulations permitting Adult Housing , as submitted by the above applicant . A copy of the legal notice outling the amendments is enclosed for your convenience . The amendments will be effective April 9, 1984 . Yours very truly, PLANNING AND ZONING CO MISSION vg By enc . obert F. Gil igan,, Ch irman CC: Harold � q Cummings, Es . Peter DeMallie , Planning Director • I �� aNSE,t� Y (-! Sam& ?A• 7� o � U v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ��tiosoR c �w AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, APRIL 79 l984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION e At the April 3, 1984 meeting, the Planning and Zoning commission voted to take the following action: 1. Approve the application of Deming Hill Associates , lInc . to amend the Zoning Regulations as follows: Section 1. Add to Definitions "Adult Housing: Housing for people 55 years of age , or older , which housing shall be limited by Section 4 . 1 . 11 of these regulations . " Section 4. Housing for Elderly to add the words Amend Section 4 . 1 . 11 g y �$ "and Adult Housing . " On line 2 and 4 add "and Adult" after elderly. Amend Section 4 . 1 . 11 . 1 Procedure, to read as follows : 1 . Procedure : Application for this use may be filed by the Public Housing Authority of the Town of South indsor or a nonprofit organization. a. The Commission shall be guided by the requirements of this section where reporting on the mandatory referral for acquisition of the housing sites underl, the General Statutes of Connecticut . b . The applicant shall submit a General Plan of Development in accordance with Section 4 . 6 . 4 . 9 . C. Upon approval of the General Plan of Development , the applicant shall submit a site plan in accordance with Section 4. 13 of these regulations. Such site plan shall be in substantial compliance with the Gene al Plan and the site plan must be approved .prior to the issuance of a building permit . �I To be published in the Journal Inquirer - Saturday , April 7, 1984 Page 2 . Amend Section 4 . 1 . 11 . 2 . a to read as follows: a . Location. The site shall be on land owned by the Town of South Windsor and/or a nonprofit organization and ' located within reasonable walking distance of convenient shopping facilities and preferably within walking distance of churches and personal service facilities. Effective Date : April 9 , 1984 . Dated at South Windsor , Connecticut this 4th day of April , 1984 . Robert F . Gilligan, Chairman David Sorenson, Secretary e �SewN at+4� y 7-owf-2, O-P S-0�-U& o a 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN 06074 AREA CODE 203 644-2511 SOR•CO� TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY,,APgIL 7, 11984 LEGAL NOTICE �♦ � TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the April 3, 1984 meeting, the Planning and Zoning Commission voted to take the following action: 1 . Approve the application of Deming Hill Associates „ Inc . to amend the Zoning Regulations as follows : Section 1 . Add to Definitions "Adult Housing: Housing for people 55 years of ag or older , which housing shall be limited by Section 4. 1 . 11 f these regulations . " Section 4. Amend Section 4 . 1 . 11 - Housing for Elderly to add he words "and Adult Housing . " On line 2 and 4 add "and Adu t" after elderly . Amend Section 4 . 1 . 11 . 1 Procedure , to read as follows : 1 . Procedure : Application for this use may be filed by the Public Housing Authority of the Town of South Windsor or a nonprofit organization . a . The Commission shall be guided by the requirements of this section where reporting on the mandatory referral for acquisition of the housing sites under the General Statutes of Connecticut . b . The applicant shall submit a General Plan �of Development in accordance with Section 4 . 6 . 4 . 9 . C . Upon approval of the General Plan of Development , the applicant shall submit a site plan in accordance with Section 4. 13 of these regulations. Such site plan shall be in substantial compliance with the General Plan and the site plan must be approved 'prior to the issuance of a building permit . I To be published in the Journal Inquirer - Saturday , April 7, 1984 Page 2 . Amend Section 4 . 1 . 11 . 2 . a to read as follows: a . Location. The site shall be on land owned by the Town of South Windsor and/or a nonprofit organization and located within reasonable walking distance of convenient shopping facilities and preferably within walking distance of churches and personal service facilities. Effective Date: April 9 , 1984 . Dated at South Windsor , Connecticut this 4th day of April, 1984 . Robert F . Gilligan, Chairman David Sorenson, Secretary The foregoing amendments to the Zoning Regulations of the Town of South Windsor were adopted by the Planning and Zoning Commission on April 3 , 1984 , with members of the Commission voting as follows : - In favor Opposed Kenneth Goodwin Florence Sorosiak Ralph Mosher Robert V. Conde David H. Sorenson . Dorothea Smith Robert F. Gilligan w 1A I Virginial S . Gra ey, Clerk PLANNING & ZONING COMMISSION • Ch lI�c�f- it o TT-own o-P S-OtdA `l v y 1540 SULLIVAN AVENUE • SOUTH WINDSO . CONN.06074 R•` AREA CODE 203/6 4-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, AP IL 7, 1984 , n I °'. LEGAL NOTICE Opr-D TOWN OF SOUTH WINDSOR lv,�7 PLANNING AND ZONING COMMISSION At the April 3, 1984 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve the application of Deming Hill Associates, Inc. to amend the Zoning Regulations as follows: Section 1. Add to Definitions "Adult Housing: Housing for people 55 years ofage, or older, which housing shall be limited by Section 4.1.11 of these regulations." Section 4. Amend Section 4.1.11 - Housing for Elderly t add the words and Adult Housing." On line 2 and 4 add "a d Adult" after elderly. Amend Section 4.1.11.1 Procedure, to read aslfollows: 1. Procedure: Application for this use may be filed by the Public Housing Authority of the Town of outh Windsor or a nonprofit organization. a. The Commission shall be guided by the requirements of this section where reporting on the > andatory referral for acquisition of the housing sites under the General Statutes of Connecticut. b. The applicant shall submit a General Plan of Development in accordance with Section 4.6.4.9. i c. Upon approval of the General Plan of Development, the applicant shall submit a site plan ii accordance with Section 4.13 of these regulations. 3uch site plan shall - be in substantial compliance with th2 General Plan and the site plan must be approved .priorito the issuance of a building permit. X f r II :,. To be published in the Journal Inquirer — Saturday, April 7, 1984 Page 2. II 4.1 Amend Section .11.2.a to read as follows:�l a. Location. The site shall be on land owned by the Town of South Windsor and/or a nonprofit organization and located within reasonable walking distance of convenient shopping facilities and preferably within walking distance of churches and personal .service facilities. Effective Date: April 9, 1984. Dated at South Windsor, Connecticut this 4th dayllof April, 1984. Robert F. Gilligan, Chairman David Sorenson, Secretary 1%OwN Sf,( T_0 �S ?d O a �v &U&Ot 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 ..00 AREA CODE 203/644-2511 April 12 , 1984 William E. Grace , Esq . 25 Oakland Road South Windsor , Ct . 06074 Dear Bill: Re: App . #970 - Deming Hill Associates Please be advised that the Planning g and Zoning Commission voted on April loth to approve the application of Deming Hi 1 Associates , Inc . for a Special Exception to Section 4 . 1 . 11 and the General Plan of Development for Adult Housing located on 15 . 5I, acres on the north side of Deming Street , east of Buckland Road and south of Oakland Road , in an AA-30 zone , as shown on plans prepared by Page Engineering, Inc . , dated 11-22-83 , revised to 1-19-84 , Project 83-003 , and Gregory Louis -Montana & Associates , dated Dec . 14 , 1983, subject to the following modificationsi 1 . A plan for the improvement of the intersection of Oakland Road and Felt Road must be shown on the site plan , or an acceptable alternative access to the site must be shown . 2 . An effort should be made to conform to the multi-family regu- lations lations where appropriate , as outlined in the proposal of the Town ' s Director of Planning , dated March 30, 1984i (a copy of which is attached hereto) . 3 . If the access to this site is from Felt Road , then Felt Road must be brought up to Town standards . 4 . Satisfactory pedestrian access shall be provided �to the nearby commercial area on Oakland Road. 5 . Buildings Nos. 7 , 10 and 113, and the buffering , s all take into consideration the view of the neighbors along Deming Street , and the buffering shall be designed by a Landscape Ar hitect . Within 90 days of the date of approval (by July 9th) , blackand white transparent mylars of Sheets 1 , 4 and 5 , with the approval letters of this Commission and the Inland Wetlands Agency repro- duced thereon, must be submitted to this Commission to be stamped and signed, and will then be filed inthe Town Clerk ' si Office . Yours very truly , PLANNI G AND ZONING COMMISSION vg By attach . Robert F - GkIligan , C airman CC : Messrs . Martel, DeMallie , Cummings , Page RETURN DATE: MAY 22, 1984 .' ELIZABETH C. BURRILL, ET AL. SUPERIOR CO RT vs. JUDICIAL DI TRICT OF HARTFORD/ NEW BRITAIN AT HARTFORD I. SOUTH WINDSOR PLANNING AND ZONING COMMISSION ; APRIL 19, 1�84 0 BOND W J m N KNOW ALL MEN BY THESE PRESENTS: Z . That, Elizabeth C. Burill, Dennis J. Su livan and Joan M. N p Sullivan, of South Windsor, as principals and Le ore Karo of New �� Britain, Connecticut, as surety, are holden and irmly bound jointly UZ <U and severally unto South Windsor Planning and Zoning Commission of ZO U. the Town of South Windsor in the penal sum of $2$0.00 to which Z Q 0= payment we do bind ourselves, our successors, he executors, .F �� administrators, firmly by these presents. 3a The condition of this obligation is suc that, whereas, the plaintiffs have appealed to the Superior Court i and for the County of Hartford, from the action of the South Windso Planning and Zoning Commission in approving amendments to the zoning1regulations as more particularly set forth in the writ, summons and omplaint to which � this bond is annexed. I I� I, H .f � III NOW, THEREFORE, if the principals shall prosecute this appeal to affect and shall pay all costs in case it fails to sustain such appeal, then this bond shall be void, otherwise to remain in full force. Dated at Hartford, Connecticut this 19tt day of April, 1984. ELIZABETH C. BIIRRILL, DENNIS J. SULLIVAN, JOAN M. SULLIVAN �m Q N =n N z • By CD -Y014ida Sefc 09 The r Attorn y M :.(J P dU t W =0 �o 6noVY Karo zo Sure . : LL" F O Q W W U2 a" iz O-j t uw �a is:1.1 copy ER17YN GLAN OEPLITY SHt�iFF / H:.RTF :2D COUNTY. n 2Y-aa- —2— �:ia CITATION TO ANY PROPER OFFICER: By authority of the State of Connecticut, you are hereby commanded to summon the South Windsor Planning & oning Commission of the Town of South Windsor, County of Hartford and State of a Connecticut, to appear before the Superior Court within and for the W m QN Judicial District of Hartford/New Britain at Hart ord on May 22, =o _' 1984, then and there to answer unto the foregoing complaint of Ko 08 Elizabeth C. Burrill, 82 Felt Road, South Windsor, CT, and Dennis J. K� and Joan M. Sullivan of 56 Felt Road, South Winds r, CT by leaving U UZ �o with the Town Clerk of South Windsor a true and' a tested copy of the tU io complaint and of this citation at least twelve da s before the return iCC date. of yW Hereof, fail not, but of this writ with our doings thereon U¢ ow make service and return. Cr Dated at Hartford, Connecticut, this 19t day of April, 1984. Yoland Sefcik Commis ioner of the Superior Court 'I RETURN DATE: MAY 22, 1984 ELIZABETH C. BURRILL, ET AL. SUPERIOR COURT vs. JUDICIAL DISTRICT OF HARTFORD/ NEW BRITAIN AT HARTFORD SOUTH WINDSOR PLANNING AND ZONING COMMISSION APRIL 19, 1 84 o A P P E A L cc QN To the Superior Court, to be held at Hartford in and for the =o _= County of Hartford, State of Connecticut on the ourth Tuesday of � (g May, 1984, comes Elizabeth C. Burrill of 82 Felt Road, South Windsor, <� Connecticut, et al., appealing from a decision of the South Windsor dU Uz Planning and Zoning Commission of the Town of South Windsor, County :So <U <cr of Hartford, State of Connecticut, approving the application of zo Q Deming Hill Associates, Inc. to amend the zoning regulations o= HW regarding elderly and adult housing and complain3 and says that: W W Q cc U.N 1. On or about January 3, 1984 Demingl, Hill Associates, O_j cr IKa Inc. submitted an application to the defendant, outh Windsor Planning and Zoning Commission, to amend the zoning regulations to include adult housing as a permitted special use in rural residential zones and allow adult housing on sites owned by on-profit organizations. 12. On or about February 7, 1984, the defendant Commission held a public hearing concerning said amendments. I 3. on or about April 3, 1984, the def ndant Commission approved said application. 4. on or about April 7, 1984, the def ndant Commission caused to be published a notice of its decision approving said application. (See Exhibit A) 0 5. The plaintiffs are aggrieved by sad amendments because CO they reside in rural residential zones. N ;N 6. The defendant Commission acted ill gally, arbitrarily Z . A� and abused its discretion by approving said application and amending z� the zoning regulations in that: J~ UZ a. The amendments do not comport with the general yo comprehensive plan of development in rural residential zones or the K cc zo z� general comprehensive plan of development in the Town of South c7 a o= ¢ • Windsor. Uj W b. The amendments unreasonably, ubstantially and U y ti cc 3< irreparably impair the value of property in rura� residential zones. -ja C. The defendant Commission did of state adequate reasons in support of its departure from the pla of development in rural residential zones. d. The defendant Commission is wl'thout power to restrict the occupancy of any land in the town t any class of persons determined by age because it violates equal protection and due process under the Connecticut and United States Constitutions. -2- e. The amendment does not serve th public health, safety, convenience or welfare of South Windsor re idents in a reasonable, impartial and considerate way. WHEREFORE, the plaintiffs appeal from the approval of the application of Deming Hill Associates, Inc. and the amendments to the zoning regulations and pray that the court sustains their appeal and 0 overrules the action of the defendant and directs he defendant to =o take such actions as the court deems proper. o PLAINTIFFS N O J zU BY !� G `W Yolan Sefci Uz Their Attorney :5o tU v i O <¢ 20 z 2LL Cr .F ww U¢ �r U N O� Cr �a -3- I '10*N SC4 U 4f , � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN.I06074 Soe CO AREA CODE 203/644-2511 9 April 23, 1984 Mrs. Virginia Graney South Windsor Planning and Zoning Commission 1540 Sullivan Avenue { South Windsor; Connecticut 06074 Re: Burrill, Elizabeth C. , et nl r , ° VS. South Windsor Planning & Zoning Commission Dear Ginn : y � A Court appeal has been taken on the Adult Housing Regulations .P S g (not the special exception - at least not yet) . Kindly send me at least four (4) copies of the entire file including minutes, transcript, etc. Thank you. Very truly yours, Richard M. Rittenband� Town Attorney RMR:mwd SUMMONS SUPERIOR COURT CIVIL (exceptREV. 1- family actions) APR 191984 JD-CV-1 REV, i-80 'C) GEN 9TAT.52-89 PR SK 49 INSTRUCTIONS 1. Prepare on typewriter, sign original summons (top sheet)and conform copies o&e .;cns(Vc"eet.c 4 )2. //there Js more than one defendant, prepare or photocopy conformed summond de rat, • 3. Attach the original summons. with computer sheets attached(pages 2 and 3), t N/ain, and attar t a copy of the summons to each copy of the complaint. Also.if there are more than 2 plarntifls or 4 defendants prepare form JD-CV-2 and attach it to the original ano all copies of the complaint 4 After service has been made by officer. file original papers and officer s return with the clerk of the court. 5. The party recognized to pay costs must appear personally before the authority taking the recoTnd-14egal ! 6 Do not use this form for actions in which an attachment. garnishment or replevy is being soutice Bo k Sect/on.49 for other exceptions. TO: Any proper officer QY AUTHORITY OF THE STATE OF CON[JECTICUT, you are hereby commanded'to make dueervice of this Summons and attached Complaint. JUDICIAL DISTRICT OR G.A NO AT Town n wn:ch writ,s ref m"iet i6en•Star 51-346 57-349s RETURN DATE Mo,cay yr j S+nL' IORJL WNW WAR -" ADDRESS OF CLERK OF COURT WHERE WRIT AND OTHER PAPERS SHALt'AE FILED Gen Slat 5'-34,, <;- 5' CASE T E lFrom dc,a��code lost! 9- "Whi nafm StLiesto 1111T Lei 1,11ir CX "I" Major l Minor 00 PARTIES NOTE Individual's Names: NAME AND ADDRESS OF EACH PARTY I Form JD-CV-2 Last.First,Middle Initial attached FIRST NAMED PLAINTIFF C v 82 Sat —Ron-d- &Mft t M 00741 Additional P!alntlff v MU.a �..7 Jet �t 2=914 SlXth_11d=Ul=# M 0074 � FIRST NAMED Tcm '. 1W ftlluvw x"Mme NMI DEFENDANT I• I(M NIM1wrt M 0074 Acdiuona, actenaant ►„yam,.rt y`1 Ac-Citic nai / defendant t t Additional aefendant NOTICE to each DEFENDANT ,. You are being sued. o. The Appearance' form may be obtained a' 'ne above Court 2. This paper :s a Summons in a Cawsult. aCcress. 3. The Complaint attached to these pacers states,tt e claims -hat each Plaintiff is making against ycu n ',r.s iav"/sult. 7 If you believe:hat ,c ,-,ave nsur nice that m ;. cover'h.e claim T • tha: Is beinc rni�de _ �,n: i C it !n this !a:'.S it. VCU S OU!O T. 1 c res-Nond 'c this summons. or to ice::{nfcrmed of furtrer q"' prcceet_7;r:gs. you or your attorney rn",s-,Te a `orm callea an Irr;,erlat�.;� :ake :r gun'Mons and Con-p.alnt to I r ,.�- "Appearance')with the Clerk of the above namec Court at the surance representative above Court arbress on or befo> the Second day after the above Return Date. ". 3. If ,ou have questions aoout'he SLimmons anc Complaint. you If you or your attorney do not:Gle a '.vr::er! 'Accea-ante" form sroj!d censuit an attorney promptly. The Clerk of Court IS on toms, a judgment_rmay_- enterer aca:rsi you by default. not permitter to give advice on legal quest.ons. DATE SIGNED s x o ore b xJ I -YPE N NHME OF PE=SGN SIGNING AT LEFT 'a t - - V � • � Commiss Drier of Superior Court Assistant Clerk 0lMAIgWbik FOR THE P 3 NAME OF NEY OR LAW FIRM r me of p,a,nhJf,t pro se, I rELE HONE NC JURIS NO (it attorney or taw twin) Please en���� �tpearance of: 279- 50793 s NAME AI�1D OF PERSON RECOGNIZED TO FPOSEC T E IN THE AMOUNT OF 3250 SIGNATURE OF PLAINTIFF IF PRO SE v 0 Bvab 'C &test, aw adbd nt CT 0053 NO PLFS. NO DEFS. NO.CNTS SIGNED(Qit taking recogr:za-ce.-x roo oox) - +� / j rX��I Commissioner of Superior Court For Court Use 3 Z � .WA a Assistant Clerk RECEIPT NO. No Fee IF THIS SUMMONS IS SIGN by a CLERK: FILE DATE a. The signing has been done so that the Plain- advice in connection with any lawsuit. tiff(s)will not be denied access to the courts. d. The Clerk signing this Summons at the re- A TRUE C#0"py b. It is the responsibility of the Plaintiff(s) to quest of the Plaintiff(s) is not responsi e A TEST• see that service is made in the manner pro- in any way for any errors or emissions in vided by law. the Summons, any allegations contained in the Complaint,or the service thereof. Ef 1iIN GLI,NZ. DEPUTY SHE.iFF . c. The Clerk is not permitted to give any legal HA:IFORD COJNTY hereby certify I have read SIGNED(Pro se pianr�. DATE SIGNED DOC ET NO. and understand the above: + SUMMONS, Civil COPY May 30 , 1984 I , Virginia S . Graney , hereby certify that the following is a true and accurate verbatim transcript of the public hearing which was held by the Planning and Zoning Commission of, the Town of South Windsor on February 7 , 1984 , in connection with the application of Deming Hill Associates , Inc . to amend the Zoning Regulations of the Town of South Windsor . Virginia S . Graney , Recording Secretary Planning and Zoning Commission of the Town of South Windsor �Ov+M sF.4 c � a v mac` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN 06074 SOR CO AREA CODE 203/644-2511 June 18 , 1984 Richard M. Rittenband, Esq . 1734 Ellington Road South Windsor , Ct. 06074 Dear Dick: Re : App . #969 - Deming Hill Associates , Inc . Amendment to Zoning Regulations adding Adult Housing In accordance with your letter of April 24 , 1984 , I am enclosing herewith 5 copies of the following items , in connection with the above matter : 1 . Application of Deming Hill Associates , Inc . ; 2 . Legal Notice advertising the public hearing; 3. Notice signed by Mrs . Montana disqualifying herself from sitting on this application ; 4 . Report from CRCOG dated February 2 , 1984 ; 5 . Outline submitted by Attorney Grace at the public hearing on February 7, 1984 ; 6 . Qualifications of Jules E. Page of Page Engineering , Inc . (sub- mitted at public hearing) 7 . Qualifications of Frederick A. Hesketh of F. A. Hesk th & Associates , Inc . (submitted at public hearing) 8 . Two petitions submitted at public hearing supportin2 the application , signed by 15 people 9 . Letter from PZC to Town Attorney dated 3/7/84 , requesting legal opinion; 10 . Letter from Town Attorney dated 3/16/84 to PZC ; 11 . Memorandum from Peter DeMallie , Planning Director , to PZC with draft of amendments to Rural Residential zone allowing adult housing ; 12 . Minutes of PZC meetings on January 3 , February 7 , March 20 and April 3 , 1984 , at which this application was discussed ; 13 . Copy of legal notice published April 7th , approving this application; and 14 . Transcript of public hearing held on February 7th. Yours very truly , vg irginia Gran y, Secreta y to PLANNING & ING COMMISSION 10�N $f1 0-1s �• 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 soR.cor AREA CODE 203/644-25 1 Fax. # - 203-64 -3781 FACSIMILE MESSAGE TRANSMITTAL FORM Date: 7 11'/s-# PLEASE DELIVER THE FOLLOWING PAGES TO : NAME: ADDRESS : FAX. # : MESSAGE FROM: NAME: 14 ADDRESS: s L) , ,� J� �( MESSAGE S 'ee NUMBER OF PAGES TO FO LOW: July 12, 1989 MEMORANDUM TO: Ralph Alexander FROM: Marcia Banach RE: Deming Hill Adult Housing Special Exception ----------------------------------------------------t---------- On April 10, 1984, the Planning and Zoning Commission approved a special exception application for adult housing (under a zoning amendment which they subsequently appealed) . Our standard Special Exception form for filing on the land records was never issued to the applicant. State statutes indicate that a special exception is effective upon filing on the land records . The applicant is now requesting that the PZC Chairman si n the appropriate special exceptiln form so it can be file . Ray Hallowell has indicated that he does not think it ap ropriate that he sign, for a variety of reasons; and requeste your input. (It gets more complicated, as usual! ) Also, the myl r for the General Plan was never filed. The Commission had im osed a 90- day filing requirement on filing the mylars, and gra ted extensions which have long since expired. I can't f 'nd any statutory requirement for mylar filing for special a ceptions, only the above-noted requirement for filing on the 1 nd records . Nor did the Commission's own regulations at the time indicate that there was a 90-day filing requirement for the General Plan. The approval was in litigation for several years but was decided in favor of the applicants . All relevant information is attached. How should we handle this? (Applicant' s attorney, Dick Rittenband, is trying to close a sale on the subject property. ) Iit 1,7 L- :-I cl to C-, I-) 0 F c(D I - J- ID J II TIZZ ------------ ------- L I-A �j it I ! I� , i_il�L� 1 C-f 11�_ i -1 r;.— _ t. I��—. i.—;—��-1 1 (��—� i < <1 C-1 i' 1-0 � 11�_, SO 1 �j � •� _ _ _- � ' _ — __ _ ___ _ i 1, � � � � I �—! ,1 i is I I' i I, -IN AT L?', i i� , - -- - -- - t -- — — ----- - - —— �- — - - - • � -&,toc, ��. -s$.f -34- r I, i i�