Bolton PZC lowers age limit for senior housing to 55, approves modification for 7 Loomis Road

The Bolton Planning & Zoning Commission voted unanimously on Jan. 8, 2025, to amend Section 450-6.1N(12)(a) to reduce the resident age restriction for traditional multiple dwelling complexes for seniors from 62 to 55, effective Jan. 15, 2025, and simultaneously approved a modification of the special permit for the six-unit project at 7 Loomis Road to apply the new 55‑year threshold.

Attorney Ed Joy, representing property owner Michael Bugnacki, told the commission the applicant seeks the change to improve occupancy options and noted a Jan. 6, 2025 letter from the Capitol Region Council of Governments stating no conflict with regional plans. Joy also cited Fair Housing Act provisions that allow complexes to qualify as 55+ when at least 80% of units meet the age threshold, a federal exemption he said is commonly used when complexes cannot be filled under stricter age limits. "If the Amendment is granted, I will promptly record a deed that complies with the Town Zoning Restriction of 55 years of age and older," Joy said.

Commissioner James Cropley, who seconded the motions to adopt the amendment and modify the permit, said the change "opens up more opportunities" for older residents who cannot afford housing in town and noted the amendment imposes no additional tax burden on the town. The roll call for both motions was 7–0 in favor.

During the public hearing, resident Brian Mensinger opposed lowering the threshold to 55, arguing that "the dictionary and the State of Connecticut define senior citizens as persons who have reached the age of 65 years of age or older." Mensinger also raised a concern about the units’ size, saying his calculations showed roughly 1,140 square feet per unit. Joy and the applicant disputed that figure, saying the overage comes from covered patios and storage and that the units are closer to 950 square feet.

Separately, Commissioner Jeremy Flick said he has unresolved safety and code concerns about the 7 Loomis Road building. Flick noted what he described as condensing units placed over large propane tanks and questioned how the property received a Certificate of Occupancy. "Anyone driving by the property can see there are six condensing units hanging over 120-gallon propane tanks," he said, and he asked that the building be brought up to code. The commission approved the special-permit modification while Flick reiterated his request that identified code issues be addressed.

Patrice Carson, consulting director of community development, provided the commission with handouts on lot and building coverage that were used later in the meeting’s discussion but which did not affect the vote on this amendment. Attorney Joy noted that because the project is privately funded and not HUD- or state‑funded, the owner may seek the 55‑year threshold under applicable federal exemptions where appropriate.

The amendment takes effect Jan. 15, 2025. Joy said he will record deeds consistent with the new restriction for the owner; the commission did not set additional conditions in the motion to modify the special permit, though one commissioner requested code remediation.