CDD2 Zoning and the threat it poses to Milford, CT

We believe Titanium Prop. uses manipulative tactics to get an end result that favors their profit margins not our neighborhoods.  Sign our Petition and check out how else you can help….

Now with 33-35 Laurel Ave and in the recent past with 257 Naugatuck Ave. They show a long stemming pattern of creating blight, with no consequences, when the city doesn't give them a profit increasing, high density zone change.  They purchase lots then sit by and watch them fall down.    

Don't let the city once again reward their tactics with higher profits!  

What does CDD2 mean and why are Developers exploiting it?

When lots are switched to CDD2 they can build bigger, closer and higher 

CDD2 = CORRIDOR DESIGN DEVELOPMENT: The purpose of the Corridor Design Development District 2–Devon–Naugatuck Avenue Center is to establish the area as a neighborhood center to provide goods and services for the surrounding area as well as specialty retailing with a broader market area.

IF switched to CDD2 they can pack houses, condos/apartment buildings and even business on top of each other and in between residential zones.

If they are granted the zone change it sets a dangerous precedent for any other lot vacant or not. If it is changed it sets a dangerous precedent for many others to manipulate.  It was not intended to be spread out between homes. Known as "Spot Zoning"

HOW CAN YOU HELP?

• "Follow/Like" our FB page to Stay Current & Committed  

          https://www.facebook.com/Residents-Against-Over-Development-104051741212161/

• SHOW UP whether the meeting is after we are released form the current COVID Quarantine or WebBroadcasted VIA Zoom.  https://www.ci.milford.ct.us/planning-and-zoning-board?fbclid=IwAR1EAclg39o5Ud5MErwP4-akbDSU5azQs09v4nNDmZuPcJPGcFIY4Um4vr4

                @ City Hall 110 River St, Milford, CT 06460

• Complete the name and address info for petition

• Add your address as those carry more weight

• IF you Are A Milford Resident EMAIL YOUR NAME & ADDRESS so WE CAN SHOW THE P&Z BOARD THAT YOU ARE A LOCAL VOICE *mommareed505@gmail.com* (Your email address will not be used or given out)  

We offer a very simple solution. If The City of Milford would enforce our "Blight Ordinance" which clearly covers this property Titanium would be forced to build a lovely single family home as it is already zoned.  Thus far increasing tax revenue, property values and reducing the environmental drainage issues in an already strained area.

 Check out the City of Milford's Blight Ordinance: https://www.ci.milford.ct.us/environmental-health-division/pages/anti-blight-program

Local neighbors have collaborated to create the thoughts, opinions and concerns listed in this document. 

In our opinion, affordable housing and denser zoning standards are not necessarily bad things. However, both can be perceived as bad when developers take advantage of well intended statutes and city guidelines to circumvent zoning requirements, and in some situations strictly for their personal gain. From what we understand the property being discussed is currently zoned "Residential R5", which requires a minimum lot width of 50' and a minimum area of 5,000 sq feet. Dividing the lot into two creates two lots - each 40' wide and an area of 3,600 sq feet. The Planning and Zoning Board denied the applicant's first request to sub-divide the lots (with no zone change). Each new lot would not meet the minimum requirements for width and total area, and would also create two non-conforming lots. The applicant then submitted a petition for a "Zone Change and Resubdivision". The new zone would be "CDD-2", which is the designated zone for the "Corridor Design Development District 2 - Devon Center - Naugatuck Avenue". The requirements for the CDD-2 zone are less restrictive than the R5 - including the requirements for lot dimensions, lot size, property line off-sets and a number of other items that could be detrimental to a residential area. This request was denied by the Planning and Zoning Board. The applicant is now coming forward with a second petition for a "Zone Change and Resubdivision" with some yet to be seen changes. In this case, the applicant is not creating any affordable housing BUT is adding to the density in an area that is already quite dense. The current R5 zone designation for this property needs to be preserved and protected. It looks like the moratorium on the 830-G statute for Milford is creating some new behaviors.

The simple fact of the matter is that Titanium Properties suffers no hardship at 33-35 Laurel Ave. This zone change is unwarranted. They are an R5 "Residential lot". They can rebuild a structure that will be profitable and one that can beautify the neighborhood in the footprint of what is currently there. What homeowner wouldn't want a garage, a yard and a driveway? Property values will go up with one beautiful and family appealing home. The profit of the 2 homes that Titanium wants to cram in this lot is only to serve Titanium's bottom line NOT our community!

CDD2 may open the door for lot use to include:

*Clubs or fraternal organizations

*Boarding houses

*Indoor places of entertainment, amusement, recreation or assembly such as theaters, clubs, museums, art galleries, billiard rooms, bowling alleys or other similar indoor uses.

*Health center or clubs, including reducing salons, steam baths or similar uses

*Public charitable institutions, churches or religious institutions.

*Public utility buildings or facilities with completely enclosed service or storage areas.

*Commercial garage, gasoline station, vehicle repair and/or service garage, vehicle dealership, vehicle washing establishment or other similar uses

*Bed and breakfast establishments

*Restaurants with an outdoor customer dining area as defined in Section 11-2.

*Mixed-residential use lots containing low-rise multiple family dwellings

*Food or beverage service establishments

*Printing or publishing establishments

*Stores for sale of goods or for performance of personal services

 Pros:

1. Tax revenue

2. Beautification will raise property value however this can be met without a precarious zone change

Cons:

1. Titanium property has owned this lot since 2006. That's 14 years of allowing their property to become the eyesore it is today.

2. What precedent is being set if Titanium Properties gains monetarily from this intentional negligence?

3. They offer a "Deed Restriction". What enforces the deed restriction? And does the restriction expire?

4. Many vulnerable areas of the country are seeing significant residential and commercial development despite the long-term flood risks.  Many are concerned over the vulnerability of our already strained drainage system. During storms like hurricane Irene and Sandy some speculate the more foundations in place the less spongy, absorbent and accessible areas the flood water has to escape through.  Too much of our land is being covered with impermeable surfaces. Further developments could potentially alter longstanding drainage patterns.

5. Fire risk: These tall houses built too close together have caused issues. Firefighters may not be able to fully extinguish fires and unfortunately they can spread house to house. 

https://www.nhregister.com/news/article/Massive-Milford-fire-displaces-11-residents-11602205.php

 History of Titanium 33-35 Laurel Ave:

1. Titanium Variance change was Denied then they sought legal action against P&Z.  5/13/08 - "Source CaseText publication 2008"

"The reason for the motion to deny the variance, ah, at 33-35 Laurel Avenue for the reason that there's no hardship and the applicant incorrectly stated that granting the variance would reduce and/or eliminate non-conformities because the application creates new non-conformities by creating two nonconforming lots with non-conforming street frontage. And the applicant does represent it was more  for a financial gain than it was for personal use."

1. CDD2 Zone Change denied 1/7/20 - "Source Zoning/Planning online minutes

 Sources:

*257 Naugatuck NBC News report Nov 2017 Titanium had owned since Aug 2007 *

https://www.nbcconnecticut.com/news/local/developer-hopes-to-finish-work-on-vacant-milford-property-next-year/25232/

https://www.ci.milford.ct.us/sites/milfordct/files/minutes/01.07.2020_actions_taken.pdf

https://www.ci.milford.ct.us/sites/milfordct/files/pages/zoning_regulations_march_2019.pdf

https://casetext.com/case/titanium-properties-v-milford-zba-no-cv08-401-00-60s-jul