The South Windsor Planning and Zoning Commission in a 4-3 vote Tuesday night rejected a zoning regulation change that would have allowed adding 165 units to the Tempo apartment complex at Evergreen Walk.
The Buckland Gateway Development Zone general plan limits the area to 200 units of multifamily residences and requires one square foot of commercial space to be constructed for every two square feet of residential.
The proposed regulation change would have increased the number of units permitted to 365 and allow previously constructed commercial space, namely the recently opened Costco warehouse, to apply to the new application for expansion.
If approved, the 165 extra units would have been divided among 14 buildings — 11 with 10 units, one with five units, a three-story, 12-unit building, and a four-story, 38-unit building.
PZC Chairman Bart Pacekonis, PZC Vice Chairman Kevin Foley, and members Stephanie Dexter and Michael LeBlanc voted against the regulation change, while members Alan Cavagnaro, Robert Vetere, and Stephen Wagner voted in favor.
Some commission members were concerned that approving the regulation change could set a precedent for other developers.
Pacekonis said Tuesday night that another applicant could come in with their own general plan, take a look at the Buckland Gateway Development Zone rules, and ask for a similar increase to the number of units.
“Zoning laws are made to be fair to all applicants,” Pacekonis said.
Chris Smith, the lawyer representing the applicant, said the PZC would still have the authority to deny other regulation change proposals, and the language is written in a way that should address these concerns.
Smith said a time window defined in the proposed change would make it applicable only to general plans approved before a certain time, effectively limiting it to the Buckland Gateway Development Zone. Smith said the PZC has the power to reject any other similar proposed regulation changes.
“You have extremely broad discretion when reviewing text amendments,” Smith said.
Later in the meeting, Pacekonis said he still wasn’t certain about the proposed regulation change, despite the professed safeguards.
“I just have a continued concern that the same way this applicant brought forth their changes, another applicant could do the same,” Pacekonis said.
Dexter said she was concerned with the amount of changes to the area.
“I guess I am general plan-weary,” Dexter said, adding that she would like to see the parcel proposed for development transferred to the town and left as open space.
The proposal also consisted of a second application for a site plan and special exception to facilitate the 165-unit expansion itself. The second application was rejected in a 6-1 vote, with commission members stating they couldn’t approve it because existing zoning regulations don’t allow it.
Cavagnaro voted in favor of the second application, with the other six members voting against.
Discussion on the actual apartments was limited, as PZC members who spoke focused on the proposed regulation change.
Following questions from some PZC members about the impact to the school population, Town Planner Michele Lipe said she reached out to Superintendent Kate Carter who said the local school system has the capacity to absorb the number of students expected from the development.
Dexter said she still had concerns about more students in town.
