Beacon Falls, CT Zoning Ordinance

Beacon Falls City Zoning Code

PART 7

Planned Adaptive Reuse Developments

§ 380-71.1 Purposes.

A planned adaptive reuse development (PARD) consisting of a planned adaptive reuse development district (PARDD) established by the Planning and Zoning Commission may be authorized in accordance with the procedures, standards and conditions hereinafter specified and only for one or more of the following purposes and under the criteria specified therefor:

To permit a tract of land of considerable size to be redeveloped or renewed, for other than the prior use, that constitutes an integrated and harmonious design that is consistent with the character of the Town, the orderly development of the neighborhood and the purposes of these regulations;

To permit, on a lot, a use of land, existing buildings and other structures, and related site development not permitted within the existing zoning district where the lot is located but if adaptively reused would be beneficial to and consistent with the orderly development of the Town and the neighborhood and consistent with the purposes of these regulations; and/or

To permit, on a lot, the design, reconstruction and rehabilitation of the buildings and other structures, and site development that, by virtue of their historic significance, architectural merit, location, orientation, structure, texture, materials, landscaping or other features, would be consistent with character of the Town and the neighborhood and with the purposes of these regulations and would demonstrate unusual design merit, and when:

(1)

The tract or lot is of sufficient size to justify the application of a planned development;

(2)

An existing zoning district listed in Article 4 could not be appropriately established to accomplish such purpose or would impose uses and standards that preclude, or would not adequately assure, accomplishment of such purposes; and

(3)

The planned adaptive reuse development is specifically consistent with particular elements of, or is otherwise not inconsistent with, any plan of development adopted by the Planning and Zoning Commission.

§ 380-71.2 Districts.

A planned adaptive reuse development pertaining to a purpose specified in § 380-71.1 and located on a lot of not less than two acres containing structure(s) which, in the aggregate, have a minimum of 25,000 square feet of existing floor area which is/are to be renovated as part of the adaptive reuse shall be considered a planned adaptive reuse development district and shall conform to the procedures, standards and conditions of §§ 380-71.3 and 380-71.4.

§ 380-71.3 Submission requirements.

Requests for approval of a planned adaptive reuse development for one or more of the purposes specified in § 380-71.1 shall be submitted in writing and shall be accompanied by the following:

Report. A written report explaining the purpose of the planned adaptive reuse development under this article and how the planned adaptive reuse development meets the criteria specified in § 380-71.1; 10 copies shall be submitted.

PARDD regulation. For a planned adaptive reuse development district, a written regulation to be applicable within the proposed district, in form suitable for adoption as an amendment to these regulations, containing no less than the following:

(1)

A suitable boundary description and survey map of the district, and any land use areas and subdistricts within the district;

(2)

The precise adaptive reuse of land, buildings and other structures to be permitted;

(3)

Standards for the area, location and bulk of existing and proposed buildings and other structures, and the area, shape and frontage of lots;

(4)

Procedures for administrative review and approval of detailed plans and specifications for the planned adaptive reuse development;

(5)

Citation of the general plans that are to be applicable within the district; and

(6)

Any other necessary regulatory provisions, including citation of other provisions of these regulations that are to be applicable within the district; 10 copies shall be submitted.

General plans. For a planned adaptive reuse development district, a general plan for the entire district, including site plans, architectural plans and other drawings as relevant and sufficient detail to illustrate the existing topography and the character, function and location of existing uses, buildings, structures, streets, driveways, parking and loading facilities, outside storage areas, contours, wetlands, watercourses, drainage, sewage disposal, water supply and landscaping, which general plans shall show the degree of detail required for a site plan; six copies shall be submitted.

[Amended 2-15-2024]

Petition map. For a planned adaptive reuse development district, a petition map; six copies shall be submitted.

Fee. See Chapter 203, Article II, for fee.

[Amended 4-19-2001]

§ 380-71.4 Petition for approval of district.

Request for approval of a planned adaptive reuse development district constitutes a petition to amend these regulations in accordance with Article 84. The petition shall be submitted to the Planning and Zoning Commission and shall be signed by the owner or owners of all lots within the proposed district; provided, however, that the district may also include existing street, highway and utility rights-of-way now owned by the petitioner. Within 65 days of receipt of application, the Planning and Zoning Commission shall hold a public hearing and within 65 days after said public hearing act thereon in accordance with provisions of Article 84. The following requirements are also applicable:

Findings. A planned adaptive reuse development district may be adopted by the Planning and Zoning Commission only upon finding that the proposed district and planned adaptive reuse development meet the applicable purposes and criteria of § 380-71.1. There shall be no direct requirements as to bulk, coverage, setbacks, yards, height or density, except as may be established by the Planning and Zoning Commission.

Detailed plans.

(1)

The use, buildings, structures and site development authorized by a planned adaptive reuse development district are permitted subject to administrative approval of detailed plans therefor by the Planning and Zoning Commission.

(2)

Subsequent to such approval, the detailed plans shall be submitted to the Zoning Enforcement Officer, together with an application for a certificate of zoning compliance, and shall include no less than the information required for site plans under § 380-51.2A of these regulations. Detailed plans may be submitted for approval in sections or stages. The Planning and Zoning Commission shall act on the detailed plans in the same manner as specified for approval of site plans under § 380-51.4; provided, however, that the detailed plans, as determined by the Planning and Zoning Commission, shall conform to the planned adaptive reuse development district regulation, shall be consistent with the general plans that are a part of such regulation and shall conform to the standards of Article 61 as those standards may be modified by such regulation. Any change of plans shall require the approval of the Planning and Zoning Commission. Moreover, where the Commission determines that the proposed change of plans will significantly alter the character, density, size, design and/or spacing of land and buildings so as to make the proposed plans inconsistent with the purposes of the planned adaptive reuse development, as specified in § 380-71.1, another public hearing may be required in accordance with § 380-71.4.

Adoption. The planned adaptive reuse development district may be adopted by the Planning and Zoning Commission with modifications deemed necessary by the Commission to maintain the purposes of these regulations. Notice of adoption shall be given in the same manner as required for amendment of these regulations. Any adopted planned adaptive reuse development district shall be shown on the Zoning Map with its own PARDD number and with a reference to Town records where the district provisions may be seen.

Time limits. The Planning and Zoning Commission, in connection with adoption of a planned adaptive reuse development district, may specify time periods within which an application for a certificate of zoning compliance and submission of detailed plans shall be made, renovation shall commence and/or the planned adaptive reuse development shall be completed and a certificate of zoning compliance therefor obtained; if not so specified, the planned adaptive reuse development shall be completed and a certificate of zoning compliance therefor obtained within five years from the effective date of the district. The Planning and Zoning Commission may extend such time periods after public hearing for good cause shown. In the event of failure to meet such time periods, as the same may be extended, the Planning and Zoning Commission is deemed authorized by the owner of the tract or lot to amend these regulations and the Zoning Map, deleting the planned adaptive reuse development district and establishing in its place the previous or another zoning district.

§ 380-72.1 Establishment.

The Zoning Regulations of the Town of Beacon Falls, Connecticut, including the Zoning Map and zoning districts, are amended by establishment of the Planned Adaptive Reuse District No. 1, hereinafter referred to as "PARD No. 1."

Purposes.

(1)

To permit a tract of land of considerable size to be redeveloped or renewed, for other than the prior use, that constitutes an integrated and harmonious design consistent with the character of the Town, the orderly development of the neighborhood and the purposes of these regulations;

(2)

To permit, on a lot, a use of land, existing buildings and other structures, and related site development not permitted within the existing zoning district where the lot is located but, if adaptively reused, would be beneficial to and consistent with the orderly development of the Town and the neighborhood and consistent with the purposes of these regulations;

(3)

To permit, on a lot, the design, reconstruction and rehabilitation of the buildings and other structures, and site development that, by virtue of their historic significance, architectural merit, location, orientation, structure, texture, materials, landscaping or other features, would be consistent with the character of the Town and the neighborhood and with the purposes of these regulations and would demonstrate unusual design merit;

(4)

To permit the use of the first parcel as follows: Parcel 1 of 3.14 acres (northerly portion), for construction of not more than "56 dwellings, 48 or which are to be wholly contained within the existing four story brick structure and eight to be contained within a new structure not to exceed two stories in height." Parcel 2 of 4.94 acres (the southerly portion), for construction of not more than 135 dwelling units, to be substantially contained within the existing structures. All construction of Parcels 1 and 2 to be served by public water and sewer supply, on-site recreational facilities and adequate landscaping. Parcel 1 shall contain an additional "10,000 square feet for commercial use to be constructed."[1]

[1]

Editor's Note: See also § 380-72.2B.

Context. The zoning provisions to be applicable to PARD No. 1 are those proposed in this statement. This statement is accompanied by the following maps and plans which, together, constitute the general plan required by § 380-71.3C of the Zoning Regulations, which are identified as follows:

(1)

Boundary survey: two sheets, entitled "Maps Prepared for Patrick Mainolfi Main Street and Burton Road," Beacon Falls, CT, dated August 31, 1981, prepared by Nowakowski, O'Bymachow & Kane, Shelton, CT.

(2)

Site plan, entitled "Uniroyal-Adaptive Reuse," Beacon Falls, CT, dated September 4, 1984, prepared by Nadler & Philopena, Architects, Mount Kisco, NY.

(3)

The Uniroyal Complex A Planned Adaptive Reuse Development, dated September 5, 1984.

(4)

Concept elevation, dated September 4, 1984, prepared by Nadler & Philopena, Architects, Mount Kisco, NY.

(5)

Plan of Building-11, entitled "Typical Floor Plan Preliminary," dated September 4, 1984, prepared by Nadler & Philopena, Architects, Mount Kisco, NY.

(6)

Concept site plan, dated October 3, 1984, prepared by Nadler & Philopena & Associated, Architects Planners, Mount Kisco, NY.

(7)

"Site Plan - Proposed Commercial/Residential Building" dated September 7, 1988, prepared by Steve Smith Architects.

Regulations. Within PARD No. 1, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, moved or structurally altered except in conformity with the Zoning Regulations of the Town of Beacon Falls, Connecticut, adopted September 17, 1976, together with subsequent amendments, as modified by this statement. Within PARD No. 1, no lot or land shall be subdivided, sold, encumbered or conveyed, except in accordance with said regulations as modified by this statement.

Boundary. The boundary of PARD No. 1 as delineated in two sheets: "Maps prepared for Patrick Mainolfi, Main Street and Burton Road, Beacon Falls, Connecticut, August 31, 1981," prepared by Nowakowski, O'Bymachow & Kane, Shelton, CT, referred to in § 380-72.1B above, encompasses the following two parcels of land with an area of 8.08 acres and is generally bounded and described as follows:

[Amended 4-17-1997]

(1)

Parcel 1.

A certain piece or parcel of land containing 3.14 acres located at the northeasterly intersection of Main Street and Burton Road, Beacon Falls, Connecticut, as shown on a map entitled: "Map prepared for Patrick Mainolfi, Main Street and Burton Road, Beacon Falls, Connecticut, Scale: 1"-40' dated August 31, 1981" by Nowakowski, O'Bymachow & Kane, being more particularly bound and described as follows:

Commencing at a point at the northeasterly intersection of Main Street and Burton Road;

Thence proceeding northwesterly along the northeasterly highway line of Main Street, N21 15 feet 45 inches West, 14.99 feet to a Connecticut Highway Department monument.

Thence proceeding northwesterly along said highway line, N24 56 feet 45 inches West 311.07 feet to a monument;

Thence proceeding northeasterly along the southerly property line of land owned nor or formerly by Hazel & Daniel Lee, N64 51 feet 00 inches East, 150.25 feet to a monument.

Thence proceeding northwesterly along the northeasterly property line of said Lee N25 09 feet 00 inches West, 80.0 feet to an iron pin and N26 51 feet 00 inches west, 50.57 feet to a monument;

Thence proceeding northwesterly along the northeasterly property line of land owned now of formerly by Carmela & Albert Zollo, of land owned now or formerly by Gary S. Rappaport, of land owned now or formerly by Brian Barret & Janet Doyle, each in part, the following courses, N27 40 feet 00 inches West, 75.0 feet, North 33 11 feet 00 inches West, 62.80 feet North 40 35 feet 00 inches West, 50.27 feet;

Thence proceeding northwesterly along the northeasterly property line of land owned now or formerly by Andrew & Dorothy Cherhoniak, land owned now or formerly by Patrick & Donna Dionne, land owned now or formerly by Harry C. Scheithe each in part, N48 16 feet 15 inches West, 154.09 feet to a monument;

Then proceeding northwesterly along the northeasterly property line of the land owned now or formerly by John & Vicke J. Buchla, N48 30 feet 50 inches West, 61.01 feet;

Thence proceeding northeasterly along the southeasterly property line of land owned now or formerly by Ross & Roberta Snyder, N55 35 feet 30 inches East, 87.57 feet to a monument;

Thence proceeding southeasterly along the southeasterly property line of land owned now or formerly by George Armonat, S50 29 feet 05 inches East, 121.29 feet to a monument;

Thence proceeding southeasterly along the southwesterly property line of land owned now or formerly by Antoinette & Rocco Sabia, S58 20 feet 50 inches East, 100.81 feet to a monument;

Thence proceeding southeasterly along the southwesterly property line of land owned now or formerly by Howard & Gwendolyn Enquist, S35 36 feet 25 inches East, 225.87 feet to a monument;

Thence proceeding southeasterly along the southwesterly property line of land owned now or formerly by Mildred B. Woodward the following course, S7 45 feet 10 inches East, 21.77 feet to a monument, S19 42 feet 00 inches East, 441.76 feet to a monument on the northeasterly side of highway line of Burton Road;

Thence proceeding southwesterly along said highway line of Burton Road the following courses, S81 20 feet 30 inches West, 22.55 feet to an iron pin, also being the beginning of a curve having a radius 377.0 feet delta 16.03 feet 30 inches a distance of 105.66 feet to an iron point, also being end of curve, S65 17 feet 00 inches West, 100.98 feet to a point and place of commencement.

A certain piece or parcel of land containing 4.94 acres located at the southeasterly intersection of Main Street and Burton Road, Beacon Falls, Connecticut, as shown on a map entitled: "Map Prepared for Patrick Mainolfi, Main Street and Burton Road, Beacon Falls, Connecticut, Scale: 1" = 40', dated August 21, 1981," by Nowakowski, O'Bymachow & Kane, being more particularly bound and described as follows: Commencing at a point, marked with an iron pin, at the southeasterly intersection of Main Street and Burton Road.

Thence proceeding northeasterly along the southerly street line of Burton Road, N65 17 feet 00 inches East, 103.40 feet to the beginning of a curve, marked by an iron pin.

Thence proceeding along the curve deflecting to the southeast a distance of 94.45 feet, said curve having radius 337.0 feet and delta 16 03 feet 30 inches;

Thence proceeding easterly along said highway the following courses, N81 20 feet 30 inches East, 145.28 feet to an iron pin; N74 32 feet 30 inches East, 52.01 feet to an iron pin, N70 48 feet 30 inches East, 36.57 feet to an iron pin.

(2)

Parcel 2.

Thence proceeding southerly and easterly along the westerly and southerly property line of land owned nor or formerly by Adam & Balbina Swierczewski, S12 28 feet 30 inches West, 164.27 feet to a monument, S65 46 feet 30 inches East, 143.0 feet to an iron pin in a boulder;

Thence proceeding southerly along the westerly property line of land owned now or formerly by John & Silvan Makarewicz, land owned nor or formerly by John & Stephanie Pryzbylek, land owned nor or formerly by John & Isabel Peterson and in part by land owned now or formerly by Sebastiano Catanzaro, each in part, S21 56 feet 30 inches West, 304.30 feet to a monument;

Thence proceeding southwesterly along the northwesterly property line, in part, of land owned now or formerly by said Catanzaro, S56 52 feet West, 30 inches West to a monument; 87.0 feet to a monument;

Thence proceeding southerly along the westerly property line, in part, of land owned now or formerly by said Catanzaro and the westerly property line, each in part, of land owned now or formerly by Edmund & Dolores Sierakowski and land owned now or formerly by Maryann Chicoski, S21 38 feet 20 inches West, 197.50 feet to a monument;

Thence proceeding westerly along the northerly property line of land owned now or formerly by said Chicoski, N86 10 feet 25 inches West, 38.86 feet to an iron pin in a boulder;

Thence proceeding westerly along the northerly property line of land owned now or formerly by the State of Connecticut, N74 54 feet 30 inches.

West, 77.60 feet to a monument on the easterly side of Highway line of Main Street;

Thence proceeding northerly along said easterly highway line of Main Street the following courses, N8 25 feet 45 inches West, 2.58 feet to the beginning of a curve marked by a Connecticut Highway Department monument;

Thence proceeding along the curve deflecting to the West a distance of 195.61 feet said curve having a radius of 396.47 feet and a delta of 28 16 feet 05 inches;

Thence proceeding northerly along said highway line, N21 15 feet 45 inches West, 395.87 feet to an iron pin, being point and place of commencement.

§ 380-72.2 Permitted uses.

PARD No. 1 to be used as follows:

Parcel 1 of 3.14 acres (the northerly portion) for construction of not more than 56 residential dwellings, 48 of which are to be wholly contained within the existing four-story brick structure and eight to be contained within a new structure not to exceed two stories in height and an additional 10,000 square feet for commercial use to be constructed as set forth in the "Site Plan - Proposed Commercial/Residential Building," dated September 7, 1988.

Parcel 2 of 4.94 acres (the southerly portion) for construction of not more than 141 residential dwelling units to be substantially contained within the existing structures.[1]

[1]

Editor's Note: See also § 380-72.1A(4).

All construction of Parcels 1 and 2 is to be served by public water and sewer supply, on-site recreational facilities (as set forth on the submitted site plan) and adequate landscaping.

The following uses when clearly subordinate and subsidiary to the uses permitted above:

(1)

Off-street parking as provided on site plan dated October 3, 1984.

(2)

Vehicular and pedestrian access.

(3)

Electric, telephone, gas, water, sanitary sewer lines and other utilities.

(4)

Adequate landscape features permanently maintained.

(5)

Recreational areas, pool, tennis court as depicted in the map and plan named in § 380-72.1B(1) through (7) inclusive.

§ 380-72.3 Lot area, shape and frontage.

The land within PARD No. 1 shall not be subdivided into individual lots, but shall be divided into condominiums and rental units, containing residential, commercial and industrial units for sale and/or rental as provided. The existing land, consisting of 8.08 acres, is deemed to have the minimum area, shape and frontage required by the regulations.

§ 380-72.4 Coverage and bulk.

Within the proposed PARD No. 1, the aggregate lot coverage of all structures shall not exceed 21.7% of the area.

§ 380-72.5 Signs.

These shall be no signs except as shall:

Conform to the requirement of Article 63 of the Zoning Regulations of the Town of Beacon Falls; and

Provide for public safety (police, fire, etc.) and unit building and development identification.

§ 380-72.6 Height and setbacks.

Within the proposed PARD No. 1 and due to the adaptive reuse nature of said proposal, building height and setbacks shall be those of the existing structures and in conformity with the submitted site plans.

§ 380-72.7 Parking.

Within the proposed PARD No. 1, off-street parking and loading space shall be provided in accordance with Article 62 of the Zoning Regulations of the Town of Beacon Falls, except that there shall be 1.5 spaces provided for each residential dwelling unit and two spaces provided for each 1,000 square feet of commercial/industrial use.

§ 380-72.8 Other provisions.

All provisions of the Zoning Regulations of the Town of Beacon Falls that are applicable in Residential R-3 Districts shall be applicable to PARD No. 1, except as modified by this statement.

§ 380-73.1 Establishment.

[Amended 8-15-2002]

The Zoning Regulations of the Town of Beacon Falls, Connecticut (the Town), including the Zoning Map and zoning districts, are amended by establishment of the Planned Adaptive Reuse District No. 2, hereinafter referred to as "PARD No. 2."

§ 380-73.2 Purposes.

To permit, on a lot, a use of land, existing buildings and other structures, and related site development not permitted within the existing zoning district where the lot is located but, if adaptively reused, would be beneficial to and consistent with the orderly development of the Town and the neighborhood and consistent with the purposes of these regulations;

To permit, on a lot, the design, reconstruction and rehabilitation of the buildings and other structures, and site development that, by virtue of their historic significance, architectural merit, location, orientation, structure, texture, materials, landscaping or other features, would be consistent with the character of the Town and the neighborhood and within the purposes of these regulations and would demonstrate unusual design merit;

To permit the use of the parcel as follows:

(1)

All dwellings shall be designated as "older persons housing," with a minimum of 80% of the dwellings being occupied by at least one person who is 55 years of age or older in accordance with 42 U.S.C. § 3607, known as the "Fair Housing Act," and Title 46A, Chapter 814C, § 46a-64b of the Connecticut General Statutes, as amended.

(2)

All construction to be served by public water and sewer supply, all of which shall be underground.

(3)

On-site support facilities and adequate landscaping. Adequate landscaping shall include shade, ornamental and evergreen trees and shrub bed and slope plantings as depicted on the referenced drawings, as well as foundation plantings for each dwelling unit. Site development shall preserve major trees and existing landscape features whenever possible. All disturbed areas not otherwise landscaped shall be loamed and seeded.

(4)

All roadways within the PARD No. 2 shall be privately maintained and conform to the approval of the Planning and Zoning Commission.

§ 380-73.3 Context.

The zoning provisions to be applicable to PARD No. 2 are those proposed in this statement. The following maps and plans which, together, constitute the general plan required by § 380-71.3C of the Zoning Regulations, which are identified as follows, accompany this statement:

Boundary survey, entitled "Map of Property of Weisz, Poe & Triantafillos to be acquired by CBL, Inc., Beacon Falls, CT," dated November 20, 1987, by K. M. Engineering, Inc.

§ 380-73.4 Regulations.

Within PARD No. 2, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, moved or structurally altered except in conformity with the Zoning Regulations of the Town of Beacon Falls, Connecticut, adopted September 17, 1976, together with subsequent amendments, as modified by this statement. Within PARD No. 2, no lot or land shall be subdivided, sold, encumbered or conveyed, except in accordance with said regulations as modified by this statement.

All plans shall be approved by the Planning and Zoning Commission and the Inland Wetlands and Watercourses Commission of the Town of Beacon Falls and shall be substantially in accord, except as modified by the Planning and Zoning Commission and Inland Wetlands and Watercourses Commission, with the plans submitted by the applicant to amend the Beacon Falls Zoning Regulations.

[Amended 2-15-2024]

§ 380-73.5 Boundary.

The boundary of PARD No. 2 as delineated and defined by the boundary survey referenced above, consisting of a total of 29.655 acres, is as follows:

Beginning at a point, on the Southerly street line of Pent Road said point also being the Northeast corner of property now or formerly of Conrad and Alice Dahm as shown on the above-mentioned map.

Thence, in an Easterly direction south 72° 27' 08" East for a distance of 56.67 feet along the Southerly street line of Pent Road.

Thence, in Southerly direction, South 09° 04' 34" West for a distance of 384.24 feet to a monument, along land now or formerly of James Norton, South 09° 13' 34" West for a distance of 167.27 feet, South 09° 13' 34" West for a distance of 227.15 feet along land now or formerly of Robert and Doris Gondola, South 19° 14' 51" West for a distance of 898.86 feet along land now or formerly of Edward and Constance Gondola.

Thence, in a Westerly direction, North 75° 59' 48" West for a distance of 87.91 feet. North 74° 26' 37" West for a distance of 46.34 feet, North 70° 22' 58" West for a distance of 77.47 feet along portions of a stone wall, all being along land now or formerly of Elizabeth Degeorge, North 67° 38' 19" West for a distance of 84.49 feet, North 65° 33' 17" West for a distance of 92.88 feet, North 68° 15' 42" West for a distance of 84.77 feet, North 67° 00' 39" West for a distance of 116.12 feet, North 66° 06' 25" West for a distance of 65.09 feet, North 63° 54' 40" West for a distance of 199.97 feet, North 64° 29' 54" West for a distance of 102.92 feet and North 63° 34' 45" West for a distance of 142.04 feet, along portions of a stone wall, all being along land now or formerly of Steven Posick.

Thence, in a Northerly direction, North 04° 36' 20" East for a distance of 96.40 feet, North 05° 07' 30" East for a distance of 80.90 feet, North 03° 53' 55" East for a distance of 79.61 feet. North 12° 24' 23" East for a distance of 14.93 feet, North 04° 25' 50" East for a distance of 160.24 feet, North 04° 45' 31" East for a distance of 74.27 feet, North 07° 58' 28" East for a distance of 179.98 feet, North 08° 41' 33" East for a distance of 10.76 feet, North 09° 07' 36" East for a distance of 89.50 feet, North 61° 37' 16" West for a distance of 37.94 feet, North 16° 15' 22" East for a distance of 236.37 feet, along a stone wall, all being along land now or formerly of C.B.L., Inc. (formerly Wernick).

Thence, in an Easterly direction, South 66° 34' 28" East for a distance of 873.01 feet along a stone wall to an iron pipe set in said wall, North 88° 24' 46" East for a distance of 137.93 feet along a stone wall to an iron pipe, all being along land now or formerly of Walter J. Opuszyski, North 89° 45' 38" East for a distance of 110.82 feet, South 74° 37' 42" East for a distance of 123.35 feet to an iron pipe, all being along land now or formerly of William and Ann Steinbacher.

Thence, in a Northerly direction, North 09° 20' 45" East for a distance of 285.43 feet, North 09° 32' 30" East for a distance of 150.00 feet, all being along land now or formerly of William and Anne Steinbacher, North 09° 32' 30" East for a distance of 126.62 feet along land now or formerly of Conrad and Alice Dahm to the point and place of beginning.

§ 380-73.6 Permitted uses.

The following shall constitute permitted use for PARD No. 2:

A parcel of 29.655 acres as described in the boundary survey and the boundary as set forth herein for construction of not more than 100 age-restricted residential dwellings, all of which are to be duplex units, and one community building. All construction is to be served by public water and sewer supply, and underground utilities, as set forth in the design plans referenced above.

The following uses when clearly subordinate and subsidiary to the uses permitted above:

(1)

Off-street parking as provided on the design plans.

(2)

Vehicular and pedestrian access.

(3)

Electric, telephone, gas, water, sanitary sewer lines and other utilities, all of which shall be placed underground.

(4)

Adequate landscape features permanently maintained.

(5)

Recreational areas, as depicted in the design plans.

§ 380-73.7 Lot area, shape and frontage.

The land within PARD No. 2 shall not be subdivided into individual lots but shall be divided into age-restricted housing as provided. The existing land, consisting of 29.655 acres, is deemed to have the minimum area, shape and frontage required by the regulations.

§ 380-73.8 Unit size.

The living area of each dwelling unit, inclusive of bathroom and exclusive of patios, balconies or corridors, if any, shall contain a minimum of 900 square feet and a maximum of 1,300 square feet.

§ 380-73.9 Coverage and bulk.

Within the proposed PARD No. 2, the aggregate lot coverage of all structures shall not exceed 20% of the total lot area and all impervious surfaces shall not exceed 35% of the total lot area.

§ 380-73.10 Signs.

There shall be no signs except as shall conform to:

The requirement of Article 63 of the Zoning Regulations of the Town of Beacon Falls; and

Provide for public safety (police, fire, etc.) and unit building and development identification.

§ 380-73.11 Height and setbacks.

Within the proposed PARD No. 2, the following standards shall apply:

(1)

Maximum building height (a maximum of two stories): 35 feet.

(2)

Minimum building property setback: 45 feet.

(3)

Minimum deck property setback (unenclosed and unheated): 40 feet.

(4)

Setback from roads: 20 feet off of edge of pavement of interior roads.

All building heights and setbacks shall be in conformance with the submitted site plans.

§ 380-73.12 Parking and circulation.

Within the proposed PARD No. 2, the following standards shall apply:

For the purpose of this PARD, each parking space shall be nine feet wide by 20 feet long.

A minimum of two parking spaces per unit shall be provided. Spaces may be exterior or garage spaces.

Additional parking spaces shall be in conformance to the submitted site plans.

All interior roads shall have a minimum paved width of 24 feet. All interior roads shall remain private roads.

§ 380-73.13 Fire hydrants.

All fire hydrants shall be installed and located within 500 feet of each building, subject to the approval of the Fire Marshal for Beacon Falls.

§ 380-73.14 Age restriction.

Within the proposed PARD No. 2, the following standards shall apply:

Eighty percent of all units and their occupants shall comply with the requirements of the fifty-five-and-over housing exemption. There shall be no permanent residents 18 years of age or younger. A "permanent resident" shall be defined to be a resident who occupies the premises for more than six months in any one calendar year.

The housing facility or community association shall provide evidence to the Town of Beacon Falls Planning and Zoning Commission on an annual basis that the project is in compliance with the provisions of the federal and state statutes concerning the over-55 housing exemption.

The age restriction will be in the deed of conveyance, as well as the declaration. If any unit is under contract to a potential renter or owner and at least one individual intends to reside in said dwelling who is not 55 years of age or older, the association must be contacted to determine whether a nonrestricted unit is available. The declaration will state that the association, in its sole discretion, may waive occupancy age restriction up to a maximum of 20% of the then-existing units.

Proposed residents must sign an affidavit and present verification of their age. The association will conduct an annual survey of the age of the occupants within the PARD in furtherance of the annual certification to the Planning and Zoning Commission.

§ 380-73.15 Final plan requirements.

The applicant shall submit the following:

(1)

A detailed statement of use outlining the project and certification that the final plans conform to the original approval. This statement should clearly identify where any deviation from the original approval exists.

(2)

A detailed construction schedule defining items such as clearing, earth removal/filling, wetland mitigation, phasing and restoration.

Final plans. Detailed development plans shall be submitted in conformance with and including all the information required by the approved preliminary plan. Any plans for stage completion should reflect all stages of development completed and/or approved as of the date of submission. Maps should be drawn at a minimum scale of one inch to 40 feet and shall include at least the following:

(1)

Site plan. A detailed plan of all site plan proposals, showing the layout of all buildings, drives, parking areas, walkways, recreational facilities and other pertinent elements, and including a tabulation of the required standards and the design standards used.

(2)

Engineering plans. Plans presenting detailed engineering designs and information supporting all the engineering elements of the site improvements, including proposed drives, parking areas, grading, drainage, sewers, water supply, utilities and other improvements.

(3)

Landscaping plans. Plans showing all proposed areas to be planted and landscaped, type of plants by common name, botanical name, size and location. Any areas to be maintained by someone other than the applicant shall be so designated. Topography and other natural features shall be shown to the extent they are significant to the landscaping treatment. Locations of signs and lighting fixtures shall be indicated.

(4)

Architectural plans. Drawings of all proposed buildings shall be submitted, including floor plans of all levels, elevations of all sides of all structures, including accessory buildings, perspective drawings and renderings to the extent necessary to portray building designs and relationships, and general specifications of types of construction proposed, including exterior materials and finishes.

(5)

Other documents. Any other plans, reports or documents required as part of the approval of the preliminary plan, copies of restrictive covenants, easements, deeds to open space areas and such additional information as the Commission may request concerning use, control, maintenance and liability relative to all open space areas and common facilities.

§ 380-73.16 Other provisions.

All provisions of the Zoning Regulations of the Town of Beacon Falls shall be applicable to PARD No. 2, except as modified by this statement.

§ 380-74.1 Establishment.

The Zoning Regulations of the Town of Beacon Falls, Connecticut, (the Town) including the Zoning Map and Zoning Districts, are amended by establishment of the Planned Adaptive Reuse District No. 3, hereinafter referred to as "PARD No. 3."

§ 380-74.2 Purposes.

To permit, on a lot, a use of land, existing buildings and other structures, and related site development not permitted within the existing zoning district where the lot is located but, if adaptively reused, would be beneficial to and consistent with the orderly development of the Town and the neighborhood and consistent with the purposes of these regulations;

To permit, on a lot, the design, reconstruction and rehabilitation of the buildings and other structures, and site development that, by virtue of their historic significance, architectural merit, location, orientation, structure, texture, materials, landscaping or other features, would be consistent with the character of the Town and the neighborhood and within the purposes of these regulations and would demonstrate unusual design merit;

To permit the use of the parcel as follows:

(1)

All dwellings shall be designated as "older persons housing" being occupied by at least one person who is 55 years of age or older in accordance with 42 U.S.C. § 3607, known as the "Fair Housing Act," and Title 46A, Chapter 814C, § 46a-64b of the Connecticut General Statutes, as amended.

(2)

All construction to be served by public water and sewer supply, all of which shall be underground.

(3)

(4)

All roadways with the PARD No. 3 shall be privately maintained and conform to the approval of the Planning and Zoning Commission.

§ 380-74.3 Context.

The zoning provisions to be applicable to PARD No. 3 are those proposed in this statement. The following maps and plans which, together, constitute the general plan required by § 370-71.3C of the Zoning Regulations, which are identified as follows, accompany this statement:

"Master Plan - Woodhaven Estates, Skokorat Road, Beacon Falls, CT," Sheet No. 1, Existing Condition, Sheet No. 2, Layout and Sheet No. 3, Utilities, all dated February 2003 and prepared at a scale of one inch equals 100 feet by Milone & MacBroom, Inc.

Boundary survey, entitled "Property Survey - Daddio Property, Skokorat Road, Beacon Falls, CT," scale one inch equals 100 feet, dated February 17, 2003, and prepared by Milone & MacBroom, Inc. (two sheets).

§ 380-74.4 Regulations.

[Amended 2-15-2024]

Within PARD No. 3, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, moved or structurally altered except in conformity with the Zoning Regulations of the Town of Beacon Falls, Connecticut, adopted September 17, 1976, together with subsequent amendments, as modified by this statement. Within PARD No. 3, no lot or land shall be subdivided, sold, encumbered or conveyed, except in accordance with said regulations as modified by this statement. All plans shall be approved by the Planning and Zoning Commission and the Inland Wetlands and Watercourses Commission of the Town of Beacon Falls and shall be substantially in accord, except as modified by the Planning and Zoning Commission and Inland Wetlands and Watercourses Commission, with the plans submitted by the applicant to amend the Beacon Falls Zoning Regulations.

Boundary. The boundary of PARD No. 3 as delineated and defined by the boundary survey referenced above, which is the Daddio property consisting of a total of 151± acres, less approximately nine acres in the northwest corner of the parcel which shall be excluded from the PARD and subdivided into five separate single-family building lots, is as follows:

Parcel: Daddio Property (Parcels 1 and 2) (excluding Lots 1-5).

Area: 6,185,705 square feet, 142.004 acres.

A certain parcel of land situated in the Town of Beacon Falls, County of New Haven and State of Connecticut being more particularly bounded and described as follows:

Beginning at a point on the easterly street line of Skokorat Road at the division line between land now or formerly of David J. & Christina Matika and the land herein described;

Thence running North 17°-30'-00" East 71.08 feet along the easterly street line of Skokorat Road to a point;

Thence running South 43°-08'-06" East 429.30 feet to a point, thence turning and running South 39°-02'-00" East 75.10 feet to a point, thence turning and running North 20°-03'-53" East 43.65 feet to a point, thence turning and running North 16°-05'-27" East 116.39 feet to a point, thence turning and running North 17°-00'-10" East 48.20 feet to a point, thence turning and running North 09°-26'-28" East 64.74 feet to a point, thence turning and running North 00°-50'-39" East 19.61 feet to a point, thence turning and running North 26°-41'-49" East 33.76 feet to a point, thence turning and running North 00°-29'-20" East 37.43 feet to a point, thence turning and running North 01°-59'-42" East 44.09 feet to a point, thence turning and running North 10°-09'-38" East 54.86 feet, all along land now or formerly of Mark J. Daddio and Rebecca L. Daddio, to a point;

Thence running North 18°-38'-29" East 606.04 feet along Lot 1, Lot 2, Lot 3 and Lot 4, each in part, to a point;

Thence running South 71°-21'-31" East 403.41 feet to a point, thence turning and running North 18°-38'-29" East 391.01 feet, all along Lot 5, to a point;

Thence running South 84°-49'-11" East 70.40 feet to a point, thence turning and running South 66°-05'-51" East 75.30 feet to a point, thence turning and running South 82°-59'-23" East 91.40 feet to a point, thence turning and running South 80°-05'-41" East 348.75 feet to a point, thence turning and running South 76°-36'-16" East 54.70 feet to a point, thence turning and running South 84°-44'-23" East 74.00 feet to a point, thence turning and running South 78°-10'-15" East 457.16 feet to a point, thence turning and running North 54°-17'-36" East 359.23 feet, all along land now or formerly of Edward's Concrete and Construction, to a point;

Thence running South 63°-22'-50" East 221.58 feet to a point, thence turning and running South 55°-35'-50" East 133.49 feet to a point, thence turning and running South 62°-02'-40" East 287.78 feet to a point, thence turning and running South 62°-22'-30" East 572.80 feet, all along land now or formerly of Beacon Heights, Inc., to a point;

Thence running South 28°-05'-45" West 192.50 feet to a point, thence turning and running South 26°-59'-24" West 145.15 feet to a point, thence turning and running South 16°-32'-49" West 66.60 feet to a point, thence turning and running South 27°-23'-59" West 194.75 feet to a point, thence turning and running South 08°-46'-39" West 29.30 feet to a point, thence turning and running South 25°-23'-34" West 69.60 feet to a point, thence turning and running South 02°-17'-22" West 100.81 feet to a point, thence turning and running South 11°-55'-14" West 120.10 feet to a point, thence turning and running South 06°-15'-48" West 128.88 feet, all along land now or formerly of Fairlee Realty Liquidation Trust, to a point;

Thence running South 10°-15'-54" West 63.85 feet to a point, thence turning and running South 08°-33'-29" West 232.75 feet to a point, thence turning and running South 08°-08'-14" West 158.40 feet to a point, thence turning and running South 08°-47'-09" West 168.30 feet to a point, thence turning and running South 05°-24'-34" West 70.00 feet to a point, thence turning and running South 04°-28'-34" West 304.30 feet to a point, thence turning and running South 03°-23'-14" West 187.78 feet, all along the westerly street line of Miller Road, to a point;

Thence running North 52°-21'-22" West 329.17 feet along land now or formerly of Yongzhi Zhu and Xianfen Hua to a point;

Thence running North 52°-41'-56" West 51.30 feet along land now or formerly of Paul V. Falcone and Susan Falcone to a point;

Thence running North 56°-23'-11" West 85.30 feet to a point, thence turning and running North 57°-36'-41" West 67.60 feet to a point, thence turning and running North 49°-50'-26" West 217.00 feet to a point, thence turning and running North 62°-34'-46" West 51.00 feet to a point, thence turning and running North 65°-46'-31" West 184.30 feet to a point, thence turning and running North 64°-24'-31" West 302.05 feet to a point, thence turning and running South 78°-09'-11" West 95.90 feet, all along land now or formerly of Woodhaven Country Club, to a point;

Thence running South 85°-30'-17" West 382.85 feet to a point, thence turning and running South 87°-38'-45" West 193.11 feet to a point, thence turning and running North 78°-51'-40" West 91.60 feet to a point, thence turning and running North 88°-16'-31" West 212.95 feet to a point, thence turning and running South 88°-27'-44" West 137.93 feet to a point, thence turning and running North 88°-27'-19" West 117.58 feet to a point, thence turning and running South 89°-42'-48" West 138.24 feet to a point, thence turning and running North 87°-40'-44" West 301.86 feet to a point, thence turning and running South 87°-39'-27" West 78.05 feet to a point, thence turning and running North 88°-56'-54" West 73.45 feet to a point, thence turning and running North 89°-13'-35" West 173.44 feet, all along land now or formerly of April Industries, Inc., to a point;

Thence running North 85°-33'-00" West 57.10 feet to a point, thence turning and running South 87°-37'-57" West 51.64 feet to a point, thence turning and running North 89°-47'-11" West 231.09 feet to a point, thence turning and running North 85°-56'-12" West 45.27 feet to a point, thence turning and running North 88°-28'-56" West 125.22 feet, all along land now or formerly of Patrick S. Lawless and Antoinette M. Dudek, to a point;

Thence running North 12°-16'-11" East 17.54 feet to a point, thence turning and running North 25°-49'-44" East 46.45 feet to a point, thence turning and running North 24°-14'-33" East 246.62 feet to a point, thence turning and running North 26°-42'-21" East 68.31 feet, all along the easterly street line of Skokorat Road, to a point;

Thence running North 89°-24'-31" East 155.17 feet along land now or formerly of Igor Yegorova and Larisa Y. Yegorova to a point;

Thence running South 72°-47'-11" East 98.56 feet along land now or formerly of Igor Yegorova and Larisa Y. Yegorova and land now or formerly of Dennis W. Miller and Judith E. Miller, each in part, to a point;

Thence running South 70°-02'-23" East 81.27 feet to a point, thence turning and running South 75°-29'-07" East 47.26 feet to a point, thence turning and running North 53°-24'-41" East 58.76 feet to a point, thence turning and running North 80°-50'-16" East 44.71 feet to a point, thence turning and running North 84°-45'-36" East 27.68 feet to a point, thence turning and running South 83°-32'-11" East 193.32 feet to a point, thence turning and running North 32°-08'-55" East 20.22 feet, all along land now or formerly of Dennis W. Miller and Judith E. Miller, to a point;

Thence running North 33°-56'-33" East 156.17 feet to a point, thence turning and running North 24°-06'-54" East 22.46 feet, all along land now or formerly of Thomas W. Barrett and Susan M. Barrett, to a point;

Thence running North 37°-20'-16" East 50.20 feet to a point, thence turning and running North 63°-37'-07" West 151.01 feet to a point, thence turning and running North 65°-44'-32" West 31.71 feet to a point, thence turning and running North 71°-59'-42" West 37.03 feet to a point, thence turning and running North 24°-59'-00" West 68.91 feet to a point, thence turning and running North 28°-15'-22" West 77.63 feet to a point, thence turning and running North 32°-27'-05" West 125.98 feet, all along land now or formerly of David J. Ferla, to a point;

Thence running North 43°-58'-18" West 97.31 feet along land now or formerly of David J. Ferla and land now or formerly of David J. Matika and Christina Matika, each in part, to a point;

Thence running North 46°-20'-03" West 41.66 feet to a point, thence turning and running North 43°-44'-58" West 68.27 feet to a point, thence turning and running North 42°-06'-27" West 101.56 feet to a point, thence turning and running North 42°-27'-48" West 60.73 feet, all along land now or formerly of David J. Matika and Christina Matika, to the point of beginning.

Being more particularly bounded and described on a map entitled "Property Survey, Daddio Property," scale: 1" = 100', dated April 3, 2003, and prepared by Milone and MacBroom Inc.

Permitted uses. The following shall constitute permitted use for PARD No. 3 and are subject to special permit and site plan approval by the Beacon Falls Planning and Zoning Commission:

(1)

A parcel of 142 ± acres as described in the boundary survey and the boundary as set forth herein for construction of not more than 266 age-restricted residential dwellings (of which no more than 20% shall be duplex units and the remainder shall be individual units) and one community building with associated amenities. All construction is to be served by public water and sewer supply, and underground utilities, as set forth in the design plans referenced above.

(2)

The following uses when clearly subordinate and subsidiary to the uses permitted above:

(a)

Off-street parking as provided on the design plans.

(b)

Vehicular and pedestrian access.

(c)

Electric, telephone, gas, water, sanitary sewer lines and other utilities, all of which shall be underground.

(d)

Adequate landscape features permanently maintained.

(e)

Recreational facilities, as depicted in the general plans.

§ 380-74.5 Lot area, shape and frontage.

The land within PARD No. 3 shall not be subdivided into individual lots but shall be utilized for age-restricted housing as provided. The existing land, consisting of 142 ± acres, is deemed to have the minimum area, shape and frontage required by the regulations.

Open space. The final site plan must depict clearly defined open space, which shall be equal to at least 15% of the entire project.

§ 380-74.6 Unit size.

The heated living space of each dwelling unit shall contain a minimum of 1,200 square feet. Each dwelling unit shall contain no more than three bedrooms, at least one of which shall be located on the first floor.

§ 380-74.7 Coverage and bulk.

Within the proposed PARD No. 3, the aggregate lot coverage of all structures shall not exceed 20% of the total lot area and all impervious surfaces shall not exceed 25% of the total lot area.

§ 380-74.8 Signs.

These shall be no signs except as shall conform to:

The requirement of Article 63 of the Zoning Regulations of the Town of Beacon Falls; and

Provide for public safety (police, fire, etc.) and unit building and development identification.

§ 380-74.9 Height and setbacks.

Within the proposed PARD No. 3, the following standards shall apply:

(1)

Maximum building height (a maximum of two stories): 35 feet.

(2)

Minimum building property setback: 50 feet.

(3)

Minimum deck property setback (unenclosed and unheated): 40 feet.

(4)

Minimum distance between buildings: 20 feet.

(5)

Setback from roads: 20 feet off of edge of pavement of interior roads.

(6)

There shall be a minimum setback from Skokorat Road of at least 150 feet and from Miller Road of at least 100 feet.

(7)

There shall be a minimum setback from all adjacent property of at least 90 feet and/or 100 feet depending on the area of development. Said areas requiring ninety-foot and 100-foot setbacks are shown and delineated on a map entitled "Master Plan Chatfield Farms Active Adult Community Skokorat Road Beacon Falls, Connecticut," scale one inch equals 100 feet, dated May 27, 2005, Sheet 1 of 1 by Milone & MacBroom, 716 South Main Street, Cheshire, Connecticut 06410, (203) 271-1773, fax (203) 272-9733. Copy of said map is attached.[1]

[1]

Editor's Note: Said map is on file in the office of the Town Clerk.

(8)

Cantilevered bay windows (i.e., no foundation) and unenclosed front porches/porticos may encroach into setbacks.

(9)

Nonhabitable structures shall be allowed where they meet the minimum setback requirements of the underlying R-1 Zone, which are as follows:

(a)

Front: 35 feet.

(b)

Side: 20 feet.

(c)

Rear: 20 feet.

All building heights and setbacks shall be in conformance with the submitted site plans.

§ 380-74.10 Parking and circulation.

Within the proposed PARD No. 3, the following standards shall apply:

For the purpose of this PARD, each parking space shall be nine feet wide by 20 feet long.

A minimum of two parking spaces per unit shall be provided. Spaces may be exterior or garage spaces.

Additional parking spaces shall be in conformance with the submitted site plans.

All interior roads shall have a minimum paved width of 24 feet. All interior roads shall remain private roads.

§ 380-74.11 Fire hydrants.

All fire hydrants shall be installed and located within 500 feet of each building, subject to the approval of the Fire Marshal for Beacon Falls.

§ 380-74.12 Age restriction.

Within the proposed PARD No. 3, the following standards shall apply:

All units and their occupants shall comply with the requirements of the fifty-five-and-over housing exemption. There shall be no permanent residents 18 years of age or younger. A "permanent resident" shall be defined to be a resident who occupies the premises for more than six months in any one calendar year.

The age restriction will be in the deed of conveyance, as well as the declaration.

§ 380-74.13 Final plan requirements.

The applicant shall submit the following:

(1)

(2)

A detailed construction schedule defining items such as clearing, earth removal/filling, wetland mitigation, phasing and restoration.

(1)

Site plan. A detailed plan of all site plan proposals, showing the layout of all buildings, drives, parking areas, walkways, recreational facilities and other pertinent elements and including a tabulation of the required standards and the design standard used.

§ 380-74.14 Other provisions.

All provisions of the Zoning Regulations of the Town of Beacon Falls shall be applicable to PARD No. 3, except as modified by this statement.

The applicant and its successor may be required to make improvements to Skokorat Road to the satisfaction of the Town Engineer.

§ 380-75.1 Establishment; Naugatuck River Waterway Recreation District.

The zoning regulations of the Town of Beacon Falls, including the Zoning Map and zoning districts, are hereby amended by the establishment of a Planned Adaptive Reuse Development District No. 4, hereinafter referred to as "Naugatuck River Waterway Recreation District."

Purposes and description of the adaptive reuse development.

(1)

Purpose. Whereas the Zoning Regulations of the Town of Beacon Falls provide that a planned adaptive reuse development (PARD) for a purpose cited in Article 71 of its regulations, consisting of a planned adaptive reuse development district (PARDD) may be established by the Beacon Falls Planning and Zoning Commission in accordance with the procedures, standards, conditions and criteria specified in Article 71, Planned Adaptive Reuse District No. 4, to be known as the "Naugatuck River Waterway Recreation District" is hereby established for the following good and substantial reasons:

(a)

To permit a tract of considerable size to be developed and renewed by an integrated and harmonious design as a water-oriented open space, habitat and public recreation area that will be consistent with the character of the Town, the orderly development of the neighborhood and the purposes of these regulations;

(b)

To permit a use of land, other structures and related site development not specifically permitted within the Industrial Park District to be adaptively reused in a manner that will be beneficial to and consistent with the orderly development of the Town and the neighborhood and consistent with the purposes of these regulations;

(c)

To permit the design and rehabilitation of structures and site development that by virtue of their location, orientation and other features will be consistent with the character of the Town and the neighborhood and the purposes of these regulations and which demonstrates unusual design merit.

(2)

Description of adaptive reuse permitted. The area of land within the proposed district boundaries upon which there exists a large pond resulting from materials excavation (Parcel 2) shall be integrated with Parcels 1 and 3. In accordance with such plan as shall be agreed upon by the State of Connecticut and O&G Industries and approved by the DEEP, Army Corps of Engineers and the Beacon Falls Inland Wetlands and Watercourses Commission, the pond will be extended, enlarged and reconfigured. This activity will remedy a potentially adverse condition and enable the safe use of the properties within the district as open space, natural aquatic habitat, floodplain management and water-oriented recreation for which uses various improvements will be provided, including public access off-street parking, fishing, hiking, trails, a boat launch and such other accessory uses as are customary and incidental to the ultimate proposed use. Otherwise idle, inaccessible and unproductive properties will be available to foster the zoning purposes set forth in Article 1 of the Beacon Falls Zoning Regulations.

[Amended 2-15-2024]

Regulations. Within the PARDD No. 4, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, moved or structurally altered except in conformity with the Zoning Regulations of the Town of Beacon Falls, Connecticut, adopted September 17, 1976, as amended, inclusive of the amendment caused by this article and the issuance of a certificate of zoning compliance.

Boundary. PARDD No. 4 consists of the three parcels of land shown and delineated on that certain survey map of the district entitled "Property Survey State of Connecticut Department of Energy and Environmental Protection, O&G Industries, Inc. and Lydia and Cynthia Sewitsky," dated June 13, 2002, and certified to be substantially correct and in accordance with the standards of an A-2 Survey by Milone and MacBroom, and which parcels, in combination as the tract constituting the area of PARDD No. 4 are more particularly described as follows, to wit:

That certain parcel of land, containing 48.8 acres, more or less, located in the Town of Beacon Falls, County of New Haven and State of Connecticut being more particularly bounded and described as follows:

Beginning at a point on the southerly street line of Pines Bridge Road at the division line between land now or formerly of the State of Connecticut (D.O.T.) and the parcel herein described;

Thence running South 81°-36'-27" East 210 feet more or less along the southerly street line of Pines Bridge Road to a point;

Thence running southerly 5300 feet more or less along the Naugatuck River to a point;

Thence running along a clockwise curve, having a radius of 2227.01 feet, 15 feet more or less to a point, thence turning and running North 83°-25'-29" West 40.25 feet to a point, thence turning and running along a clockwise curve, having a radius of 2267.26 feet, 347.41 feet to a point, thence turning and running North 15°-21'-16" East 467.19 feet to a point, thence turning and running along a counterclockwise curve, having a radius of 2316.76 feet, 151.48 feet to a point, thence turning and running North 81°-46'-56" East 26.82 feet to a point, thence turning and running along a counterclockwise curve, having a radius of 2342.01 feet, 157.51 feet to a point, thence turning and running North 07°-31'-56" East 1687.07 feet to a point, thence turning and running along a counterclockwise curve, having a radius of 3869.83 feet, 372.32 feet to a point, thence turning and running North 02°-01-11" East 1370.08 feet to a point, thence turning and running along a clockwise curve, having a radius of 2242.01 feet, 511.79 feet, all along land now or formerly of the State of Connecticut (D.O.T.), to the point of beginning.

Permitted uses. The following uses are permitted in the PARDD No. 4:

(1)

Open space.

(2)

Natural aquatic habitat.

(3)

Water-oriented recreation.

(4)

Trails.

(5)

Nonmotorized boating and a boat launch.

(6)

Off-street parking.

(7)

Vehicular and pedestrian access.

(8)

Electric, telephone, gas, water, sanitary sewer lines and other utilities.

(9)

Excavation and removal (not to exceed 200,000 cubic yards), grading and deposition of materials, as limited and described in Subsection D(9)(a) to (g) of this section, to create the pond as shown and configured on the general plan for this district shall be deemed to be within the exemption for such activity set forth in § 380-64.2A for a period not to exceed five years (as the same may be extended for good cause shown per § 380-71.4D) from the adoption of this regulation.

(a)

Unless otherwise specifically approved by the Commission, materials constituting clean fill (natural soils, rock, brick, ceramics, concrete fragments, masonry and concrete blocks and not including asphalt fragments) may be deposited on the property only for the purposes of constructing and armoring the berm separating the pond from the river, developing a shallow water habitat in the northeast corner of the pond, reinforcing inlet and outlet structures and as a base for the construction of the parking lot, boat ramp and access road.

(b)

The excavation, grading or removal shall not result in sharp declivities, pits or depressions or soil erosion, drainage or, upon completion of the work, sewerage problems or conditions which would impair the parcel for purposes permitted under in this district.

(c)

At all stages of the work, proper drainage and other facilities shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, streets, sewer lines or drainage facilities.

(d)

The transport and removal of excavated materials (earth products) from the district shall be via the adjacent land of O&G Industries, Inc., that presently houses its earth products processing use.

(e)

All earth products mining or extraction and all truck traffic to or from the site of such mining or extraction for the purposes of shipping or receiving earth products shall be limited to Monday through Friday, excepting federal holidays, when there shall be no mining, extraction or truck traffic related thereto.

(f)

Proper measures shall be taken to minimize nuisance from noise, dust, vibration and flying debris; all trucks shall be covered; suitable fences or other barricades shall be provided around the excavation to protect pedestrians and vehicles; authorized,[1] the typical slope of the submerged land extending from the westerly edge of the pond shall be such that the depth of water shall not exceed 4.5 feet within 30 feet of the shoreline and, in all other areas, shall not exceed the natural angle of repose and on all other areas otherwise disturbed ground shall be prepared or restored as follows:

[1]

Such area shall be evenly graded to slopes not exceeding one foot of rise for each three feet of horizontal distance or to such lesser slopes necessary for soil stability, safety and reasonable reuse and development of the lot; in addition, the area shall be evenly graded with sufficient slopes to assure adequate drainage of the area, so that stagnant pools of water will be avoided;

[2]

Adequate drain ways of gradual slope shall be provided to assure drainage;

[3]

There shall be no excavation, grading or removal below an elevation of six feet above any ledge;

[4]

All debris and all loose boulders not otherwise used on site shall be buried or removed from the lot; and

[5]

The top layer of any arable soil not otherwise used on site, to a depth of not less than six inches, shall be retained in the lot and spread over the entire disturbed area with any large stones removed, and the area shall then be seeded with a perennial grass and maintained until the ground shall be completely stabilized with dense cover of grass and there exists no danger of erosion, but this provision shall not apply to the area of ponds nor the exposed areas of ledge existing prior to the work.

[1]

Editor's Note: So in original.

(g)

The applicant shall file with the Commission a cash, savings account or surety bond, in form acceptable to the Commission, in such amount as the Commission deems sufficient to insure the faithful performance of the work in accordance with the provisions of this section. In this connection, the applicant shall submit to the Commission a report prepared by a professional engineer certified and licensed under the laws of the State of Connecticut as to the amount of the bond which will be necessary to ensure the faithful performance of the work in accordance with the provisions of these regulations.

(10)

Signs as provided in Article 63.

(11)

Accessory uses customary with and incidental to any of the aforesaid permitted uses, including maintenance buildings and outside storage and, during such periods as excavation is permitted, temporary shelter for equipment and field office.

§ 380-75.2 Area, height and yard requirements.

Minimum lot area shall be 42 acres.

The Naugatuck River Waterway Recreation District shall consist of the three cited properties dedicated to the single integrated use proposed for the Naugatuck River Waterway Recreation District and shall have the area, shape and frontage as described and as appears upon the Survey Map described in § 380-75.1C.

Maximum height of structure shall not exceed 30 feet.

§ 380-75.3 Procedure.

The use, buildings, structures and site development authorized within this district are permitted subject to the Planning and Zoning Commission's administrative approval, in accordance with Article 51, of detailed plans therefor. No work shall commence until the applicant has obtained a certificate of zoning compliance.

The applicant shall submit, in writing, a detailed plan for an adaptive reuse of land, buildings and other structures located within the Naugatuck River Waterway Recreation District in conjunction with an application for a certificate of zoning to the Zoning Enforcement Officer and the Commission. The detailed plan shall contain sufficient information upon which to determine conformance with the provisions of this article and evaluation of the matters set forth in Article 51.

The detailed plans shall contain sufficient information, including that set forth in § 380-75.1D(9), to enable the Commission to determine:

(1)

Conformance with the provisions of the Naugatuck River Waterway Recreation District;

(2)

Consistency with the general plans submitted in support of the regulation;

(3)

Conformance with the standards set forth in Article 61 of these regulations;

(4)

The applicant's possession of (or evidence of the reasonable prospect of obtaining) such other permits as may be required from other federal, state or municipal agencies for the proposed uses set forth in the detailed plan; and

(5)

A report from a qualified engineer demonstrating that the quality of both shallow and deep waters within the existing pond has not substantially deteriorated from the quality reported in the 1990 report of IEP, Inc., prepared for Milone and MacBroom, Inc., and that the extension of the pond, as proposed, will have no presently ascertainable adverse impact on the quality of water within the proposed pond.

The detailed plan shall provide that the applicant proposes no changes that permit or encourage access to the site by means other than the proposed access road and shall also provide for the restoration of the improvements constituting the northerly river walk improvements to no less than the same condition as when first completed.

The detailed plan shall provide evidence that the State of Connecticut will grant a perpetual easement or such other rights upon and across its property as are necessary to assure permanent access to and maintenance of such improvements as are shown on the detailed plan to be located upon its property.

The detailed plan shall provide a written agreement describing the terms and conditions by which the property is to be dedicated to public use as described in this regulation and such agreement as may exist between the owners(s) of property constituting the Naugatuck River Waterway Recreation District and the party to whom such land shall be gifted (the "donee"), which agreement shall provide, inter alia, as follows:

(1)

Applicant's obligation to make such gift and conveyance shall be conditioned as follows:

(a)

That its application to amend the Zoning Regulations and Zoning Map of the Town of Beacon Falls so as to establish the Naugatuck River Waterway Recreation District, PARD No. 4, be approved in form and content substantially similar to the terms and conditions recited in said application, as the same may be modified by it upon consideration of factors brought to its attention;

(b)

That its application for a zoning permit and site plan approval of a detailed plan for activities thereon, uses thereof and improvements thereto that are substantially in accord with the general plan presented in support of the pending application for the creation of PARD No. 4 is granted and the permit issued with no conditions other than those acceptable to the applicant; and

(c)

That it secures such other local, state and federal permits as are required to permit the foregoing activities, uses and improvements.

(2)

Donee's obligation to accept such gift and conveyance shall be conditioned as follows:

(a)

That applicant shall pursue its application to amend the Zoning Regulations and Zoning Map of the Town of Beacon Falls so as to establish the Naugatuck River Waterway Recreation District, PARD No. 4, upon the terms and conditions recited in said application, as the same may be modified by it upon consideration of factors brought to applicant's attention;

(b)

That, upon the adoption of an amendment creating the Naugatuck River Waterway Recreation District in form and content substantially similar to that proposed and otherwise acceptable to applicant, applicant shall seek a zoning permit and site plan approval of the detailed plan for activities thereon, uses thereof and improvements thereto that are substantially in accord with the general plan presented by it in support of the pending application for the creation of PARD No. 4;

(c)

That, upon approval of such detailed plan and issuance of a zoning permit for the activities, uses and improvements called for therein, the applicant shall own or acquire fee simple title to the Sewitsky property and such rights from the State of Connecticut as are required or appropriate to assure its rights to use and improve the state property in the manner described in the detailed plan, which rights shall run with the land and in favor of the applicant and others to whom applicant shall assign such rights, including the donee;

(d)

That, upon approval of such detailed plan and issuance of a zoning permit for the activities, uses and improvements called for therein, the applicant shall diligently pursue the execution of the plan and the accomplishment of the improvements set forth therein to be accomplished in accordance with the provisions of PARD No. 4 and the terms and conditions of the zoning permit;

(e)

That, upon certification that the provisions of the permit have been accomplished, the applicant shall tender title to the Schedule A properties (presently properties of O&G Industries and Sewitsky) and its rights with respect to the use of the state property to the donee, together with:

[1]

Its agreement, except with regard to a catastrophic event that causes such damage that the pond is substantially destroyed, to maintain the earthen berm (separating the pond and river) and the inlet and outlet spillways, at its own cost and expense, for a period not to exceed 25 years from the date of transfer;

[2]

A report from a qualified engineer, demonstrating that the quality of waters within the extended pond has not substantially deteriorated from the quality reported in the report accompanying the application [see § 380-75.3C(5)]; and

[3]

The sum agreed upon between the applicant and donee as the applicant's contribution to a fund intended for the maintenance of the improvements and conditions of the Naugatuck River Waterway Recreation District other than those described in Subsection F(2)(e)[1] above.

The Commission shall act on the detailed plans in the same manner as specified for approval of site plans under § 380-51.4.

§ 380-75.4 Citation of general plans.

The general plan that is applicable to this district is that shown in the various plans submitted herewith and based upon that certain survey map of the district entitled "Property Survey State of Connecticut Department of Energy and Environmental Protection, O&G Industries, Inc. and Lydia and Cynthia Sewitsky," dated June 13, 2002, and certified to be substantially correct and in accordance with the standards of an A-2 survey by Milone and MacBroom.

§ 380-76.1 Purpose.

The RIT Zone is an overlay (transitional) zone which provides a process that permits for an acceptable range of land uses and controls for the reuse of properties in residential neighborhoods which border industrial land uses and zoning districts. Permitted uses are limited to low-intensity office and service uses characterized by low traffic generation with little to no customer contact on the premises. To maintain the residential qualities of the area, stringent development and activity standards are required.

It is not the intent of the zone to allow nonresidential development to occur at the cost of existing residential development. It is intended to protect existing residential development from potential nuisances from industrial uses and to facilitate an orderly and efficient conversion of land from residential to small-scale office and commercial uses.

§ 380-76.2 Establishment.

An RIT zone may be applied to any R-1, R-2, or R-3 Residential District properties with a lot area over 12,500 square feet (with public sewers and water) which is adjacent (or across the street) to either industrially used land or I-1 Industrial District properties.

§ 380-76.3 Principal permitted uses allowed by zoning compliance permit.

In a RIT zone, the following uses and their accessory uses are permitted:

Single-family detached dwelling.

Two-family dwellings.

The conversion or enlargement of existing single-family dwellings to two-family dwellings or three-family dwellings, provided that:

(1)

Any fire escapes or stairways added to the exterior of the building shall not be allowed on any wall facing a street; and

(2)

Each dwelling unit shall have a minimum gross floor area of 550 square feet.

A professional office (including accounting offices, engineering and architectural firms, attorneys' offices, real-estate-related businesses) in a dwelling unit.

Accessory uses customary with and incidental to any aforesaid permitted use.

§ 380-76.4 Uses permitted by site plan.

Permitted site plan uses. The following principal uses shall be permitted in the RIT subject to an Article 51 site plan approval:

Retail stores which sell one or more types of merchandise for personal or household use, such as books, stationery, clothing, dry goods, hardware, jewelry, flowers, variety merchandise, newspapers, magazines, and similar goods.

Personal service establishments such as beauty shops, shoe repair shops, barbershops, tailor shops, shops specializing in personal adornment.

Child and adult day-care centers.

Business, medical, and dental offices.

Parks, playgrounds, and open space lands for the Town of Beacon Falls.

Photographic, art, dance, and musical studios.

Art galleries, antique shops.

Dog groomers.

Art, craft, and hobby shops.

New construction of three-family dwellings.

[Added effective 9-15-2022]

§ 380-76.5 Uses permitted by special exception.

Permitted special exception uses. The following principal uses shall be permitted in the RIT subject to an Article 52 special exception approval:

Physician's office.

Dentist offices.

Chiropractor, osteopath and podiatrist offices.

Optometrist offices.

Veterinarians.

Institutional, charitable, cultural and nonprofit organizations.

§ 380-76.6 Property development standards.

The property development standards for an RIT residential industrial transitional zone are as follows:

Minimum lot area: 12,500 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 125 feet.

Minimum lot square: 100 feet by 100 feet.

Minimum front yard: 25 feet (40 feet for properties one acre or more or across the street from a residential use or district).

Minimum side yards (2 each): 15 feet (25 feet when adjacent to a residential use or district).

Minimum rear yard: 20 feet (25 feet when adjacent to a residential use or district).

Maximum height (stories): 3 1/2.

Maximum coverage: 20%.

§ 380-76.7 Buffers and landscaping.

Where abutting a residential use or district or across the street from a residential use or district, the following is required:

A ten-foot landscaped strip adjacent to the street frontage.

A six-foot privacy fence adjacent to the rear and side property lines that are adjacent to a residential use or district.

Trees having a caliper of two inches and a minimum height of six feet shall be planted every 25 feet on the residential side of the fence.

A four-foot hedge or wall shall screen any parking lot from the public right-of-way.

§ 380-76.8 Outdoor storage and activities.

The open storage of goods and materials is prohibited in the Residential Industrial Transitional Zone. All nonresidential business, servicing, or processing, except for off-street parking and loading, shall be conducted within completely enclosed buildings.

§ 380-76.9 Off-street parking.

The overnight parking of trucks shall be prohibited in front of the building if adjacent to a residential district. Parking and loading spaces shall be provided off the street in accordance with Section 62 of these regulations.

§ 380-76.10 Signs.

Signs permitted subject to the provisions for signs in residential districts found in § 380-63.4 of these regulations.

§ 380-76.11 Nonconforming lots.

If a vacant lot in the Residential Industrial Transitional Zone has an area or width, or both, less than the above minimum and was a lot of record at the time of the passage of the regulation, such lot may be occupied by a commercial or office structure, provided the remaining minimum yard regulations of the districts are conformed with.