Residents press Shelton commission over proposed age-restricted overlay; public hearing continued

The Shelton Planning and Zoning Commission continued a public hearing Wednesday on a proposed age-restricted overlay district after more than a dozen residents voiced opposition or asked for clarifications about how the change would apply to their properties.

Attorney Steven Bellis, representing applicants who want the text amendment available for parcels including 118 Armstrong Road, described the proposal as an overlay that would let a landowner seek a special exception to build age-restricted homes on parcels between 1.5 and 2.5 acres in certain R-1 locations. Under the amendment, a maximum of 10 dwelling units would be allowed on an eligible parcel and one unit would be deed-restricted as affordable at 80% of area median income (AMI) for 40 years. Bellis framed the change as an alternate "tool in the toolbox" to avoid an unlimited-density application under Connecticut's 8-30g affordable housing statute.

"This gives you say in that it's limited to 10, and can be less obviously," Bellis told the commission. He said the overlay would be applied only where parcels meet the acreage and locational criteria; if a proposed site did not meet the overlay terms, the commission could deny a special exception.

Developer Steven Shapiro, appearing by Zoom, said the proposal would produce housing for older residents and free up larger family housing elsewhere. "The town's in total control, not the state," Shapiro said, adding that special-exception review would give the commission discretion over site plans.

Residents expressed multiple objections. Fred Palmer, whose property is adjacent to one of the identified parcels, called the proposal "a major and far-reaching zone change" that targeted 12 lots, two of which he said are owned by developers. Palmer argued the change amounted to a backdoor approach to rezone R-1 lots and said many homeowners had not been notified. "This proposal targets 12 lots in Shelton," Palmer said. "This is a major and far reaching zone change."

Neighbors raised additional concerns about traffic safety on Route 108 and Armstrong Road, strain on water and sewer infrastructure, impacts to private wells from increased impervious coverage, and the potential for increased noise and loss of green space. Several speakers asked whether homeowners would receive direct notice; legal counsel for the commission explained that notice rules differ for text amendments but that the commission could require notification if it determined the proposal functioned as a zone change.

Commission counsel Francis Tiodoso said the commission has discretion to request additional information and that if the proposal "looks more like a zone change than a text change" the commission could require mailed notice to abutters under the standard 500-foot rule.

After wide public participation, Commissioner Perkins moved to continue the public hearing to allow the applicant to provide additional materials and for staff to arrange targeted notice to the identified parcels; Commissioner Kelly seconded. The motion passed by a vote of 6 to 0.

Bellis told the commission he would voluntarily mail notice to the dozen parcels he had identified as potentially eligible for the overlay; the commission also asked staff to post the hearing video and any new materials on the city's website. The commission reserved the right to reopen the hearing for new material and to accept supplemental public comment at the continuation.

The proposed overlay remains in the review phase; the commission did not adopt new regulations or approve any site plan at the meeting.