EH-10 Zoning Rules-P&Z Approves Dwelling Limits, Finished Basements
EH-10 Zoning Rulesâ
P&Z Approves Dwelling Limits, Finished Basements
By Andrew Gorosko
The Planning and Zoning Commission (P&Z) has revised its zoning regulations concerning multifamily housing complexes for people over age 55.
One rule change concerns an upper limit on the number of dwellings that could be built in a complex. Another rule change involves the level of finish that would be allowed in the basements of certain dwellings.
P&Z members made both rule changes at a December 16 session.
Toll Brothers, Inc, a development firm that has two EH-10 age-restricted condominium complex proposals pending before the town, recently recommended to the P&Z placing a numerical limit on the number of dwellings that could be constructed in such projects.
But P&Z members were not satisfied with the developerâs proposed wording of the zoning rule, so they simplified the language of the regulation before approving it.
Until now, the maximum allowable number of dwellings in an EH-10 complex has been 150 units.
Under the revised rules, an applicant who is seeking to change the zoning designation for a parcel of land to EH-10 in order to make that land available for an age-restricted, multifamily development, may propose to the P&Z that some lower number of units be set as the maximum number for that site, such as 125, or 100, or 75 units.
If the P&Z approves a zone change to EH-10 for the land, that reduced maximum number would be a condition of that zone change for that individual piece of property.
The rule change approved by the P&Z would thus allow it to decrease the potential construction density of an EH-10 complex, provided that the developer concurs. Also, during the course of reviewing development plans for the site, the P&Z might further decrease the number of dwellings allowed on the site.
If a parcel that receives a zone change to EH-10 with reduced a density limit as a condition of approval were to be sold, that density limit would then remain in effect.
Such a limitation on the number of dwellings in an EH-10 complex could make the construction of a complex more palatable to the P&Z and to nearby property owners, according to Community Development Director Elizabeth Stocker.
In an October critique of Toll Brothersâ proposal to decrease the maximum density of EH-10 complexes, Ms Stocker wrote that the proposal is unusual in that it would allow an applicant to request a lower maximum construction density for an EH-10 complex during the P&Zâs public hearing process, rather than in an application for a zone change to EH-10.
âI find the proposal unusual because it has the appearance of prompting an applicant to âmake a deal to limit the number of unitsâ or âsave the zone change requestâ at some time during the public hearing process,â she wrote.
When ruling on changing the zoning for a given parcel to EH-10, P&Z members consider the siteâs appropriateness based on its location, its infrastructure capacity, and its conformance with the 2004 Town Plan of Conservation and Development.
Toll Brothers currently has two zone change requests pending before the P&Z.
The firm has requested that the P&Z convert the zoning on a 51-acre parcel at 21 Oakview Road, from R-2 (Residential) to EH-10. The developer wants to build to build 60 age-restricted condos on the site, which is near Newtown High School.
Also, the firm has requested that the P&Z convert the zoning on a 35-acre site off Walnut Tree Hill Road, near Church Hill Road, from R-1 and R-2 (Residential) zoning to EH-10. Toll Brothers had initially proposed constructing 104 age-restricted condos on that site, but now reportedly is reducing the number of condos proposed for the property.
Finished Basements
In a related matter, P&Z members revised the EH-10 zoning regulations to redefine a âdwelling unit.â
The rule changes allow people owning such units to finish their basements provided that certain conditions are met.
P&Z members decided that if a dwelling has a basement with direct access to the outdoors, known as a walkout basement, the basement may be finished for personal recreational uses including a hobby workshop, a television room, or a den. Windows, plus suitable heating and lighting facilities, as well as a washroom containing a toilet and a washbasin, also are allowed.
Until now, the P&Z had not allowed such basements to be finished space.
The rule change came at the urging of P&Z member Robert Poulin. The measure gained P&Z approval in a 4-to-1 vote, with member Lilla Dean dissenting.
The logic in prohibiting finished basements until now had been that living space for people over 55 should be situated on one level to make mobility within the home simpler.