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Planning commission finds state conveyance of 58 acres to Cheshire consistent with POCD
Summary
Staff told commissioners the proposed conveyance of roughly 58 acres adjacent to I-691 was advisory under CGS 8-24; the commission voted to find the conveyance consistent with the 2016 Plan of Conservation and Development, forwarding the matter to the town council.
The Cheshire Planning and Zoning Commission reviewed an 8-24 referral on Sept. 8 regarding a proposed conveyance of approximately 58 acres of state-owned land adjacent to Interstate 691 and with frontage on Route 10. Planning staff advised commissioners that the review is advisory under Connecticut General Statutes Section 8-24 and limited to whether the proposed conveyance is consistent with the town's Plan of Conservation and Development (POCD).
Staff presentation: Planning staff explained the statutory scope is restricted to the physical transaction (sale/conveyance) and not to any subsequent development proposals. Staff advised the commission that the primary statutory question is whether conveying the parcel would be consistent with the goals and objectives of Cheshire's POCD, noting that the property currently generates no local tax revenue and that conveyance to a private owner could return the parcel to the tax rolls.
Commission discussion: Commissioners asked whether the POCD designates the interchange (Route 10/I-691) area for development or for conservation. Staff noted previous POCDs and the town's recent planning work had repeatedly identified the interchange area as appropriate for development and economic investment; staff further explained that if the commission were to find the conveyance inconsistent with the POCD, state statute would require the town council to secure a two-thirds vote to proceed. Staff also said that failure to act on the referral within 35 days is treated as approval under the statute.
Action: The commission voted on a staff-drafted motion to find the conveyance consistent with the goals and objectives of the 2016 POCD. The motion passed; the record shows the commission moved the staff wording and seconded the motion and applause followed after the vote. The decision is advisory and will be transmitted to the town council for its final consideration under the statute.
Context and implications: A favorable consistency finding does not obligate the town council to convey the property; it means the planning commission finds the conveyance aligned with the POCD. If the commission had found the conveyance inconsistent, the town council would need a supermajority (two-thirds) to finalize the transfer. Staff noted the state retains the option to re-take the parcel after a five-year period if conditions of the conveyance are not met.
Ending The commission's advisory finding will be forwarded to the town council, which will make any ultimate decision on the conveyance and any related development proposals.
