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Commission keeps public hearing open on proposed age‑restricted overlay after late legal memo

2532279 · February 5, 2025
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Summary

A proposed text amendment to add an age‑restricted residential overlay (Section 37) was continued so commissioners could review a late legal opinion. The applicant substantially narrowed the draft to a small set of R‑1 parcels and the commission accepted a motion to keep the hearing open.

Attorney Steven Bellas presented a revised draft text amendment to the Shelton zoning regulations that would add a new Section 37 permitting age‑restricted residential development (elderly/55+ occupancy) as an overlay in limited R‑1 locations. Bellas said he significantly narrowed the proposal after a prior work session: the overlay would apply only to R‑1 parcels that are 1.5 to 2.5 acres and only on specified stretches of Route 108 (between Shelton Avenue and Huntington Street and certain parcels south of Stratford Road east of Route 8). Bellas supplied maps and a short parcel list identifying twelve potentially affected properties.

Late in the day the commission received an opinion prepared by attorney Jason McCoy — retained to review the amendment — and commissioners asked for time to review that memo before taking further action. Commission legal counsel confirmed the memo had been received and recommended the commission read the materials before acting; commissioners agreed. Commissioner Parkins moved to keep the public hearing open; the motion, seconded by Commissioner Motto, passed 6–0. The applicant agreed to submit a formal extension letter. Commissioners discussed spot‑zoning concerns raised by the city opinion and asked staff and counsel to review the legal materials.

Why this matters: The amendment would create a narrowly drawn new land‑use pathway for age‑restricted housing, and the commission noted potential spot‑zoning issues when an overlay applies to a small number of parcels. The commission emphasized it will consider the city attorney’s opinion and any legal constraints before deciding whether to proceed.

Next steps: The hearing remains open; the applicant will provide a written extension so the commission can study the late memo and any additional materials before scheduling a decision or next public hearing date.