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South Windsor close to adopting year-long moratorium on new warehouse proposals

South Windsor’s Planning and Zoning Commission is poised to adopt a year-long moratorium on new warehouse and distribution centers in response to resident concerns following a development boom of just over a decade.

Several commission members voiced support at a Tuesday night meeting for a moratorium proposed by resident Kathy Kerrigan. Members delayed action, however, after an attorney representing an unspecified landowner raised concerns the measure had not been publicly available long enough for its adoption to be legal.

Instead, the commission continued the public hearing until April 5, allowing enough time to ensure a moratorium could not be challenged on that basis.

Developers have added seven large scale warehouses and distribution centers in South Windsor over the past 11 years, according to Kerrigan. These have a combined floor area of 2.2 million square feet and occupy lots totaling 283.3 acres, she said.

Kerrigan and her supporters argued Tuesday night this has yielded dubious job and tax returns while causing environmental health concerns, traffic congestion and noise pollution and other negative impacts. They argued a year-long pause on the acceptance of applications for new facilities will allow South Windsor time to adopt strong regulations, giving the town more control and a greater arsenal of protections for quality-of-life.

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“Our P&Z commissioners are up against developers who know how to navigate our zoning regulations to push ahead with projects, even when those projects may very well cause damage to the human beings working in them and living near them,” Kerrigan said.

Several letters of support from residents were read into the records. Several more residents appeared at the hearing to speak in favor of its adoption.

South Windsor Director of Planning Michele M. Lipe said a moratorium would be supported by South Windsor’s Plan of Conservation and Development. That plan calls for the town to attract development “consistent with the character and scale of its surroundings and with a strategy to maintain current business zones with updates,” she noted.

Commission member Stephen Wagner said current regulations aren’t sufficient to control noise or enforce traffic restrictions.

Those commission members who voiced opinions appeared inclined toward the moratorium.

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Commission member Alan Cavagnaro said a moratorium “makes sense” and would give staff “breathing room” to analyze possible changes to local regulation.

Paul Bernstein, an alternate who sat-in for an absent member, also voiced support for a moratorium.

Evan Seeman, an attorney specializing in land-use for the firm of Robinson+Cole, was the one voice at Tuesday’s hearing to challenge adoption. Seeman stressed his objection was procedural. He did not argue the merits of a moratorium.

Seeman said town staff had been unable to supply him with a copy of the proposal last Thursday. Zone text amendments must be available to the public for 10 days prior to a public hearing, he noted.

“Until then and until it’s made available in the town clerk’s office 10 days before the hearing, there is nothing that the commission can do unfortunately,” said Seeman, who said he represents “a party with an interest in property in town.”

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Lipe said she understands the text has been available online for weeks. Even so, Seeman’s objection prompted her to advocate a short delay in the vote.

The board called a 10-minute recess to reach out to the town attorney. Members then agreed to continue the hearing until April 5.

Tuesday’s meeting comes just a week after the Planning and Zoning Commission adopted a moratorium on applications for new housing developments, including single-family subdivisions of more than three lots or special exemption permits for residential dwellings of any number of units.

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