Zoning Overhaul Goes Public

“Frankly I’m not expecting we’ll please everyone,” Charles Andres said following a two-hour public hearing on the proposed revisions of the town’s zoning regulations.

But whether people were pleased or not, it was obvious that the Planning and Zoning Commission (P&Z) has been listening carefully as people react to the proposed overhaul of the regulations.

Some of the additions include provisions for animal daycare, bed and breakfast facilities, wind energy conversion systems, and more extensive landscaping standards.

Thursday’s session on the final draft was slated to close at the end of the evening, but the commissioners decided to reconvene the hearing in April to allow more public input on certain topics. In the meantime, a workshop will be held at the March 17 P&Z meeting to review some of the concerns that were aired last week.

Town Planner Shirley Rasmussen read written comments from residents and state agencies. She also noted that staff has found additional items that need to be expanded or corrected. “It’s like a great novel—you find new things every time you read it,” she said in regard to the proposed draft.

The first hearing was held last summer and numerous changes have been made in response to residents’ suggestions.

“We’re always trying to encourage people to speak,” said Andres, who was acting as chair in the absence of Ellsworth McGuigan.  Andres suggested staff could discuss some of the technical issues, and then decide which policy issues needed further deliberation by the commission. 

“Ultimately, our goal is to make the regulations more user-friendly,” said Jason Vincent of Planimetrics, a consultant hired by the P&Z Commission. He said the revised document, about 200 pages long, will realign the regulations in a more meaningful way and add several new zoning concepts.

Fifteen of the approximate 40 people who attended the hearing asked questions and suggested ways to improve the regulations.

Carol Parmelee, of Hooves, Hounds and Whiskers, a pet sitting service, said the regulations regarding the new category of pet daycare should stipulate that it is a business and that it differs from kennels and boarding facilities. “It should be listed as a business, it is a business and it’s a lucrative business,” she said. “There is a need for it in Branford.”

John Rusatsky, a member of the Inland Wetlands Commission, addressed several issues. He said the regulations for storing boats on residential property need to be expanded to take other factors into consideration. The proposed regulations discuss the number of boats, size of boats, the size of property and setbacks. ​“Branford is a big boating community,” he said.

Rusatsky also said the proposed sign regulations are ​“too liberal” and could lead to more clutter. He said that signs on businesses along Route 1 are ​“pretty much out of control.”

Glenn Arbonies, an architect from Stony Creek, said the new references to aesthetics could be problematic. “There will be disharmony in town if aesthetics are regulated by either this board or the Zoning Board of Appeals.” He also said that the proposal to reduce the height of new homes doesn’t take into account Federal Emergency Management Agency (FEMA) regulations for houses in flood plains and coastal areas. 

Jerald Greenvall of Stony Creek objected to provisions allowing for the establishment of bed and breakfast facilities. “Bed and breakfasts do not belong in residential areas,” he said.  He asked the commission to “look hard and long at the fallout from that decision,” claiming that such facilities can cause animosity in neighborhoods.

Vincent explained that anyone wishing to operate a bed and breakfast would have to come to P&Z for a permit. Such facilities are not currently governed by zoning regulations, but are loosely addressed under provisions for “roomers and boarders.”

Lindsay Matthews and Shirley McCarthy, members of the newly established Community Forest Commission, asked for more specific regulations regarding planting of trees and for an increase in the number of trees required. Matthews said tree selection should be matched with the site and environment.

Stony Creek resident Bill Tower asked that more guidelines be listed for solar panels and wind energy conversion systems. “I do think there’s a need to get ahead of the curve and put some restrictions in,” Tower said. “Now’s the time to deal with it because in 5 to 10 years, it’s going to be a very hot topic.”

Local environmentalist Bill Horne made several suggestions for the section regarding open space residential developments.

Vincent said the book of regulations will include a step-by-step guide and checklists for applicants.

There are several other new issues in the proposed regulations:

• The Town Center Village District designation would replace the current Town Center Overlay District, with new boundaries and additional design guidelines. New sections would be added to detail the procedure for design review by the Town Center Revitalization Review Board.

• New parking regulations would reduce the number of parking spaces required for retail sites and also establish a maximum number of spaces. There would also be more flexibility for parking since variances would now be permitted and the commission would be allowed to modify parking requirements. The new regulations also add bicycle parking.

• For the first time, size categories would be added to the section on homes offices and home occupations, with larger businesses requiring P&Z approval.

• In a Planned Development District (PDD), new requirements are added for submission of a “master plan” and consistency of the plan with the Branford Plan of Conservation and Development.

• Regulations will be added for grading, excavation and blasting on the Thimble Islands.

• Provisions are added for 3- and 4-family homes by special exception in residential zones.

• Walls and fences will be prohibited from obstructing visibility, and a zoning permit would be needed to build a retaining wall.

• Under town-wide design considerations, a new section would be added to provide guidelines for multi-family residential and commercial uses.

• Age-restricted housing would be allowed in residential zones by special exception with a maximum density of three units per acre and four units per building.

• A regulation restricting multiple day care homes in a neighborhood would be deleted.

• A standard would be deleted that limits boat storage to 10 percent of a site area for marinas, slip basins and landings.

• Regulations regarding drive-through windows would be amended with standards for queuing, site access, pedestrian access and screening.

• Under the administrative section, a new chart would be added to show whether staff, the P&Z Commission or the Zoning Board of Appeals would decide each of the 13 types of zoning applications. New sections would be added to describe the Zoning Permit Application process, and the Certificate of Zoning Compliance process.

When the final draft is completed, the P&Z will vote on its adoption.

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