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09/20/2020 12:00 AMOn Sept. 17, Branford's Planning and Zoning Commission (PZC) completed a multi-part public hearing on the proposed 30-unit Tidal Basin residential development at 4-6 Indian Neck Ave. Closing the public hearing then opened a 65-day deadline for a decision from the PZC.
As previously reported, the PZC is reviewing a request from property owner Ed Crowley of Branford modify prior zoning approval for a boutique hotel on the site to instead allow for the three-story residential dwelling. Area residents have been vocal in opposition to the plan (see related story). Their concerns include building density overburdening the 1.24 acre site, increased traffic, issues of pedestrian safety, issues connected to building in a flood zone, and quality of life concerns which have arisen in recent years largely due to the remarkable success of the Stony Creek Brewery (SCB) at 5 Indian Neck Ave. The PZC received a petition with 87 signers in opposition to the project; as well numerous letters of opposition from residents, together with similar comments submitted during the hearing process, which took place as video Zoom meetings online due to COVID-19 executive orders.
Flooding concerns were among those which rose to the top during the last part of the public hearing on Sept. 17. Earlier in September, the PZC received a letter listing site flooding and erosion concerns brought forward by the Dept. of Energy and Environmental Protection [DEEP], and then a letter from the applicant's attorney responding to those concerns including among them notations on town sanctioned suitability of residential development in a flood zone and structural/non-structural solutions which could be incorporated to mitigate flooding/erosion issues. On Sept. 17, Town Planner Harry Smith received an email from a DEEP consultant reviewing the applicant's attorney's response to the original DEEP letter. The email was submitted for PZC review as part of the public hearing on Sept. 17.
In the Sept. 17 email, written by John Gaucher (Environmental Analyst III, Land & Water Resources Division), Gaucher notes not all property within a flood zone is equally suitable for residential development and recommended the PZC "evaluate the proposal based on existing conditions and flood hazards applicable to the subject site." In response to the applicant's suggestion of seeking to construct shoreline protection to mitigate flooding and erosion, Gaucher stated "structural solutions are not permissible for the protection of newly constructed residential structures." He wrote the applicant's additional note of "numerous non-structural options" could not include the example of riprap, which is considered structural; and that any vegetation options would require DEEP review due to tidal wetlands on the property. Gaucher closed by stating "...prudent coastal development should recognize potential site constraints including potential impacts to resources and hazards to life and property."
The Tidal Basin project has the support of Branford's Economic Development Commission (EDC). The site is part of the Branford River Planned Development District (PDD) which includes SCB, also owned by Crowley.
On Sept. 17, EDC chair Perry Maresca noted improvements at the PDD have transformed and upgraded the area over the past decade, especially for local residents who had been living in the vicinity of a significant portion of the aging 19th-century Malleable Iron Fittings factory site. He also pointed to the guidance of development for the PDD as most recently noted in the Town's Plan of Conservation and Development (POCD) and a separate Transit Oriented Development (TOD) study which incorporated plans to develop the area spanning from the rail station on nearby Maple Street out to the Branford River area and toward the town center.
"I'm confused," said Maresca to the PZC. "There's mixed messages. We went through the [POCD]; we went through the [TOD]. It was quite unanimous we need to build some residential [dwellings] in the area of the train station and in the area of the center of town [and developing] the riverfront was a good use. [We] need to go look back at studies we paid for. The recommendation was residential along this area, close to the train station."
Tidal Basin's 30 residential units are being proposed as high-quality dwellings sold at market rate. The applicant is willing to meet zoning's affordable housing programming efforts by paying a total $60,000 fee to the Town program, in lieu of incorporating some affordable housing units in the complex.
During the Sept. 17 public hearing, a number of suggested changes to permitted uses in the PDD were submitted by the Town Planner and discussed that night. Smith said the changes were proposed as many of the uses which had been previously listed "...don't really follow the plans of the PDD."
Attorney for the applicant Meghan Miles (Carmody, Torrance, Sandak, Hennessey LLP, Stamford) said the PZC should not be considering permitted use changes with this application, which seeks a zoning modification.
"When a commission has a pending application to modify a use in a zone, it's unheard of for them to go and revisit all the other permitted uses in that zone, because it's outside the scope of the application," Miles argued. "And so that is exactly the case here."
Specifically, the application is for a PDD Modification/Master Plan Amendment to allow Residential Development as a use in place of an approved hotel use.
Miles requested that, if the PZC approved the application with permitted changes the applicant had not previously consented to during the review process; that the application could be withdrawn. PZC chair Chuck Andres assured Miles that the process would allow ample time for a withdrawal, as it involves drawing up a draft resolution for PZC review which lists specifics regarding the proposed decision ahead of taking a vote.
"There would certainly be an opportunity to withdraw any application before we voted on it," said Andres.
Andres also asked Miles to confirm the applicant will continue to seek the level of density being sought to construct the Tidal Basin complex. As Andres noted, "...we've heard an awful lot of public comment [regarding] too much density, there's overdevelopment -- there's signs up all over the place. There's a concern about [that] in general."
In response, Miles answered, "Yes, the current proposal is to permit this level of density in the PDD."
Andres then asked if the applicant would object to the PZC possibly placing limits on future development in other parts of the Branford River PDD.
"I think the client would entertain a request to limit residential density to 4 – 6 Indian Neck Avenue," answered Miles.
Miles' colleague, attorney Gregg Burton (Carmody, Torrance, Sandak, Hennessey LLP), agreed with Miles' assessment regarding the client's likeliness to agree to limiting future density in the PDD.
"From the applicant's point of view, that does make sense," said Burton, adding, "...this particular site is challenging because of its configuration and size."
Ahead of closing the public hearing, Andres gave the applicant's team a chance to keep the hearing open, especially in light of "other stuff" he said may come up at another public hearing continuing that night, for a proposed 147-residential, four-building, three-story mixed use Mariners Landing complex to be constructed on 11.25 acres in the neighboring Atlantic Reef PDD on Maple Street. The Anchor Reef PDD abuts the Branford River PDD on one side and also incorporates a segment of waterfront along the Branford River.
The Tidal Basin team said the applicant did not seek to keep the Tidal Basin hearing open, and the PZC closed the hearing on Sept. 17.
The Mariners Landing public hearing has been continued to the PZC's Oct. 1 meeting, look for an updated story on what was discussed Sept. 17 at www.zip06.com