This is a printer-friendly version of an article from Zip06.com.
03/23/2018 09:01 AMBranford's Planning & Zoning Commission (PZC), by a vote of 4 -1 on March 15, now allows as much as five years, instead of the previous deadline of two years, to submit a site plan to build within a master plan at an approved Planned Development District (PDD). The new law gives new life to the controversial Exit 56 master plan, once set to include a Costco big box store and additional retail and commercial buildings. The PZC took public input, including remarks from those opposed to the extension, into consideration when finalizing the language.
The text amendment to zoning law goes into effect on Tuesday, April 10. It gives developers a period of three years to submit building site plans following approval of a master plan submitted for the PDD, with the possibility of two one-year extensions allowed for site plan submission, for good cause. Located in Section 5.4.D.3 of the town's zoning laws, the new text specifies, "All Site Plans must be submitted and approved within 36 months of Master Plan Adoption. One year extensions of this deadline may be granted by the Commission, to a total of 5 years from the original date of Master Plan Adoption, upon a showing of good cause. The Master Plan shall become null and void if the Site Plans are not approved within 36 months of Master Plan Adoption and any extensions granted by this Commission."
The March 15 PZC vote was made as a result of an application brought by an attorney for a corporation with a parcel in the 44-acre Exit 56 PDD/master plan approved by the town in 2015. In the case of the Exit 56 master plan, the window of time for submission now stretches from the July 2015 approval to potentially July 2020, should both one-year extensions be granted.
In 2015, an inlands wetlands site plan was submitted for the Exit 56 development, to include a Costco warehouse retail store, Costco gas station, and a second phase of construction for additional commercial/retail buildings; but the plans were withdrawn in 2016. In July 2017, the PZC granted the group of owners of the three-parcel Exit 56 PDD a one-year extension for site plans to be submitted. Later in 2017, the PZC also approved a zoning amendment, brought by the town, increasing the shelf-life of PDD's of more than 10 acres by extending the "null and void" expiration date from two years to five years.
Amending Section 5.4.D.3 was a process, with several changes made to the original application brought by 595 Corporate Circle of Branford, owners of a 16-acre parcel (569 East Main St.) in the Exit 56 PDD. Attorney Diane Whitney (Pullman & Comley) represented 595 Corporate Circle in the application.
The PZC review included a two-part public hearing where several residents, including many who had opposed the Costco development at Exit 56, came out to be heard by the PZC. Changes to the application where submitted by Whitney over the course of the hearing in response to comments. Her changes reduced the original request for additional one-year extensions without limit to a potential six-year period, before it was honed down to the PZC's final review of a three year expiration with two, one-year extensions possible.
During the hearing, opponents argued the two-year site plan deadline should remain in place to avoid developers "land banking" large PDD parcels. Others wanted the PZC to go back to the drawing board and write the amendment through the town, rather than review language created by an outside applicant. Some asked, should the PZC decide to grant one-year extensions, that each extension application be subject to public hearings prior to a PZC vote.
As shown in the minutes of March 15, 2018 PZC meeting, the town went to some lengths to ensure that members of the public recognized public input did have an impact on some changes crafted into the final amended text language. Town Planner Harry Smith suggested an insert be added to the minutes to show PZC's intended outcomes based on the text language, and PZC chair Chuck Andres suggested including expanded information on the PZC discussion, as well.
The insert goes on to describe Andres intent, when adding "All" to the start of the text, to show that multiple phase site plans are required to be submitted in order to be approved by the deadline. Also specified is the PZC's intent to make it the applicant's burden of meeting the time limit for site plan submission, by submitting within at least six months ahead of the expiration date, to allow for a full period of PZC review, and possible resubmission of site plans, if needed. The insert in the minutes additionally describes the PZC's intent that "failure to comply with the time limits of Section 5.4.D.3 would only void the Master Plan, not the PDD approval itself, which would require a separate public hearing process by the commission to revoke and rezone to a different zoning designation."
Commissioner John Lust voted against the changes to the amendment. Voting in favor were Andres and commissioners Joe Chadwick and Marci Palluzzi together with alternate Paul Higgins. Higgins was seated for commissioner Joe Vaiuso, due to his absence from a public hearing involved with the application.