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
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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
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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
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Planning & Zoning Commission -6- 11/2/84
i
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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 .
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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
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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 ,
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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
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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
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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
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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
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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
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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
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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
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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
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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 .
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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
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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 .
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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
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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
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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:
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OR-co AREA CODE 203/644-2511
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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
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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
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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
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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
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:,. 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
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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
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KNOW ALL MEN BY THESE PRESENTS:
Z .
That, Elizabeth C. Burill, Dennis J. Su livan and Joan M.
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Sullivan, of South Windsor, as principals and Le ore Karo of New
�� Britain, Connecticut, as surety, are holden and irmly bound jointly
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<U and severally unto South Windsor Planning and Zoning Commission of
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U. the Town of South Windsor in the penal sum of $2$0.00 to which
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0= payment we do bind ourselves, our successors, he executors,
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�� 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
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� 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
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ER17YN GLAN OEPLITY SHt�iFF /
H:.RTF :2D COUNTY.
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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
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�o with the Town Clerk of South Windsor a true and' a tested copy of the
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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
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<cr of Hartford, State of Connecticut, approving the application of
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Q Deming Hill Associates, Inc. to amend the zoning regulations
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HW regarding elderly and adult housing and complain3 and says that:
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U.N 1. On or about January 3, 1984 Demingl, Hill Associates,
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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
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A� and abused its discretion by approving said application and amending
z� the zoning regulations in that:
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yo comprehensive plan of development in rural residential zones or the
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z� general comprehensive plan of development in the Town of South
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¢ • Windsor.
Uj W b. The amendments unreasonably, ubstantially and
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3< irreparably impair the value of property in rura� residential zones.
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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
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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
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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
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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. )
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