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Commission opens debate on Marina Redevelopment Zone; continues hearing after Gateway and legal questions
Summary
The commission opened public comment on a proposed Zoning Regulation text amendment to create a Marina Redevelopment Zone (Section 59a). The proposal would create a floating zone designed to ease redevelopment of water‑dependent parcels; commissioners and public urged tightening 'flexibility' language and clarifying that bulk variances rest with the ZBA. The hearing was continued to Aug. 17 for revised language and Gateway review.
Attorney Edward Cassella presented a proposed text amendment (Section 59a) to create a Marina Redevelopment Zone (MRZ), a 'floating' zone intended to facilitate redevelopment of marina and other water‑dependent properties that now face multiple nonconformities. Cassella said the MRZ would be optional and must be 'landed' on specific parcels by future map amendments and would require separate special exception applications for redevelopment proposals.
The discussion focused on how much discretion a local zoning commission can use to relax bulk standards (height, setbacks, parking) in exchange for an "overall net reduction of nonconformities." Commissioner questions, attorney comments and public speakers -- including Gateway representative Bill Webb and attorney Amy Suchins, who represents an interested party with pending litigation — called for clearer drafting. Suchins cited Connecticut case law (McKenzie v. Planning & Zoning Commission) and said courts have limited a planning/zoning commission's ability to vary bulk standards by special exception instead of via variance from the Zoning Board of Appeals.
Bill Webb, the Gateway representative (speaking as the town's Gateway rep), explained that any change affecting gateway standards (including height) will require Gateway review and acceptance; he noted the Gateway process includes its own public hearings before any text or map change becomes effective within gateway territory. Commissioners suggested replacing language that permits generic "flexibility" with wording that allows site improvement and modernization only when an overall, demonstrable net reduction of nonconformities can be shown. Given the number of legal and technical clarifications requested, the commission voted to continue the public hearing to Aug. 17 and asked applicants and town counsel to provide revised draft language addressing gateway and legal concerns.
