Orange TPZC Supports Mixed Housing – In Theory

By Brandon T. Bisceglia

After a winding discussion that included input from residents, lawyers, a planning consultant and other town departments, Orange’s Town Plan & Zoning Commission agreed Aug. 20 that it likes the concept of allowing more mixed housing developments, but appeared no closer to settling on a specific proposal to do that.

The discussion centered around a proposal for a text change to the zoning regulations brought by Marjorie F. Shansky, the lawyer representing 35 Old Tavern Road LLC. The amendment, first opened before the commission at its July 2 meeting, would allow the building of some residential units in areas currently zoned as local shopping center districts.

Shansky’s client is a developer who wants to revitalize the long-struggling Firelite Plaza near Route 1. The plaza is located in one of two areas in town that fall under the local shopping center district zone.

If the change is adopted, Firelite could become a series of mixed-use buildings with commercial spaces on the ground floor and apartments above.

The original proposal would have also allowed mixed housing in the other area too, which is located near the historic center of town. Shansky since revised the amendment to effectively disqualify that section of town from consideration.

TPZC Chair Oscar Parente began the public hearing by reading several letters from community members into the record, all of which objected specifically to the concept of the developing an apartment complex at Firelite. He also read a letter from Police Chief Robert Gagne, which noted that every major development incurs costs to the town in terms of greater need for police and emergency services.

Two members of the public spoke in person during the meeting. Thomas P. Hurley argued that amending the zone might open the town to development in other areas, such as along Route 34 – though Parente pointed out that the regulation under consideration could not do that.

“I’m going to suggest again,” Hurley said, “that this is kind of putting the cart before the horse tonight. We don’t know where we’re going, and we’re making decisions ad hoc if we continue to allow this kind of changes to the regulations while we have not reexamined the [plan of conservation and development].”

The other resident to speak, Jeff Gordon, was much more amenable to the proposal. He pointed out that Orange has been talking about diversifying its housing stock and creating more transit-oriented development for decades without taking many concrete steps to achieve that goal.

When Shansky came up to defend her client’s proposal, she reiterated her main selling point: that the change would conform to the vision of the 2015 plan of conservation and development, which recommends greater housing diversity in several sections.

Attorney Marjorie F. Shansky appeared before the Orange Town Plan & Zoning Commission Aug. 20 to continue a discussion about a text change to the town’s zoning regulation that could allow for mixed housing in part of town. Image courtesy of Orange Government Access Television.

But planning consultant Glenn Chalder, who joined the commission for the public hearing suggested that the proposal might work against some of the other goals of the plan of conservation and development, such as by reducing the available land available for business and economic development.

Shansky pushed back against that claim.

“Mixed use development is economic development,” she said.

Chalder said his intent was to counterbalance Shansky’s assertion that the amendment was wholly consistent with the plan of conservation and development.

“There are some statements that could be construed that way,” he said. “There are some other statements in the plan of conservation and development that present an alternative viewpoint.”

Some of the commissioners raised questions about applying regulations designed for commercial spaces to residential uses – for instance, the three-story height limit.

Chalder pointed out that there were other ways to accomplish Shansky’s ultimate goal for the Firelite location, such as by creating a planned development district. Such districts have been created in towns like Shelton as it converts old factory spaces downtown into mixed housing spaces with apartments, restaurants and other businesses. Chalder said that type of move could give the TPZC greater control over future development in the zone.

Shanksy said she was “all ears” regarding further changes to the amendment. However, she asked that the commissioners give her some indication of whether they were inclined to have any kind of mixed housing at the site.

All of the commissioners who spoke agreed they would like to see some kind of mixed housing in town, but weren’t yet convinced that the specific proposal before them was the way to get there.

With that assurance secured, Shansky urged the commission to keep the public hearing open. The TPZC did so, continuing it to Sept. 3 with the expectation of more discussion between the parties during the interim.