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Commission upholds parking fee and dark-sky lighting conditions on Hanford Commons project
Summary
Under CGS 8-30g deliberations, the Old Saybrook Zoning Commission voted to deny the applicant's request to remove a condition about resident parking charges (upheld 3–2) and to keep a dark-sky lighting condition (upheld 4–1). The body cited statutory ambiguity on whether parking fees may be regulated under the statute.
The Old Saybrook Zoning Commission voted on June 1 to deny requests from the Hanford Commons applicant to remove two prior conditions attached to an affordable-housing approval under CGS 8-30g.
On a motion to retain the condition that preserves limits on additional charges for parking and amenities, the commission voted 3–2 to uphold the original condition. Commissioners who supported retaining the condition said they were uncomfortable removing a requirement that had not been plainly contemplated by state statute and raised communication concerns about tenants learning of parking fees.
Commissioners then voted 4–1 to keep the earlier condition requiring full-cutoff fixtures and dark-sky-compliant lighting. Commissioner discussion referenced a May 12 analysis from Connecticut Chapter of Dark Sky indicating that compliance would not materially increase developer costs.
Town counsel and staff framed the question as an "up-or-down" vote under 8-30g: the statute allows limited modification of conditions only where a condition has a "substantial adverse impact" on the viability or affordability of an affordable-housing development. Commission discussion underscored that case law is sparse and the statute's absence of explicit language on parking fees leaves the issue gray.
The commission’s votes will remain part of the record for the Hanford Commons modification request; the public hearing had previously closed and only commissioners and staff participated in deliberations.
