ROCKY HILL - The Rocky Hill Town Planning and Zoning Commission (TPZ) has denied a developer’s proposed site plan for housing, retail, and office space at the former Ames Property, citing a consultant’s report claiming incompliance with the Main Street parcel’s town center regulations.

       Wednesday night’s 4-1 decision �" a “denial without prejudice” �" comes with an invitation to reapply with revisions based on some commissioners’ site plan objections, but whether real estate developer Michael Belfonti opts to try again is perhaps a roll of the dice for a property that’s been awaiting investment and revitalization for 20 years.

       "We believe strongly that, as revised through tonight, it does comply with your special permit criteria. Our team has done our very best to advance the vision stated in your Plan of Conservation and Development and the town center regulations,” said Shipman and Goodwin land use attorney Joe Williams on behalf of Belfonti and his team. “You have an experienced developer on your hand. The alternative is to turn Mr. Belfonti away, keep Ames the way it is, and wait around for something better to come along.”

       The Commission, despite the final vote tally, seemed split along party lines, with Democrats Alan Mordhorst and Ronald Robbins voicing concerns regarding building distance to the street �" and pedestrian safety �" as well as Pratt Street access traffic flow and the “urban”-style design of the site plan’s proposed structures.

       And while Commissioners would kick around those considerations for an hour after closing the public hearing, the discussion kept circling back to the residential-to-commercial space ratio �" 239,500 square feet across 213 apartment units, versus the 20,500 square feet of office and retail.

       In previous hearings, Mordhorst and Robbins tried to nudge Belfonti toward higher commercial density �" impact on the school system remains a concern for some voices in town, despite Belfonti-cited research projecting low student population growth from the development.

       "I disagree with having to accept what's in front of us because we don't have a better option,” Robbins said. “I don't see that as our role.”

       Developers said they were reluctant to go too heavy on the retail, citing the COVID-era economy and as a result, lower estimates for return on investment.

       "Not to sound disrespectful, but that's not the commission's problem,” Mordhorst said. “Our duty and obligation are to the town and our regulations. If we don't feel there's enough commercial, we can deny this application."

      

       But the town center’s mixed-use regulations don’t define a desirable residential/commercial ratio, contended Republican TPZ Chair Dimple Desai.

       "If they did, I'm afraid this application would not be before you,” Williams told commissioners.

       It’s up to the developer to decide what ratio will maximize potential return, he said.

       On the advice of town staff, Belfonti revised his site plan to include more commercial space than originally envisioned prior to his TPZ application.

       Developers went into Tuesday night’s meeting �" its third with the Commission �" having added 1500 square feet of non-residential space.

       But Mordhorst and Robbins wanted a firm commitment from Belfonti �" that the 11,500 square foot office building’s first floor would house future retail.

       Belfonti said that he and his team are taking a wait and see approach.

       "If the demand is there, we'd be happy to do the retail,” he said. “We just don't want to have an empty store we can't lease."

       "I'd like to know in advance that the office building will have a commercial area - not if it doesn't get rented it'll be office,” Mordhorst said. “There's no ifs, ands or buts about it when you're talking about approval."

       At the previous meeting, commissioners had asked Project Manager Mark Forlenza whether the development team might consider marking one of the apartment buildings for commercial, and then converting it if retail tenant demand doesn’t materialize.

       Forlenza told him that doing so would be a financial burden to Belfonti, because the construction costs for a commercial-fitted building would be higher than for residential.

       "If there's a market, we'll convert it,” Williams said. “We won't say it will be retail definitely because if it fails, you have what you feared, which is an unsuccessful development. If that's not good enough, we'll make it all office, which was our original proposal."

       Belfonti himself would come to the podium to offer an eleventh-hour proposal: for the Commission to allow his team 24 months to test the market and decide.

       “If we do well in front, we'll convert the first floor to retail,” Belfonti said. "I want to show some flexibility here."

       But Mordhorst described his concerns as holistic. The consultant report authored by Glenn Chalder of Planimetrics took issue with the building design, advising that it may be out of step with the town center regulations �" a sentiment echoed by Democratic commissioners.

       "It's a suburban town and it's an urban looking building,” Robbins said. “It has an appearance of West Hartford, but this is Rocky Hill. Design was one of Mr. Chalder’s biggest issues, and design has a lot to do with this decision.”

       Chalder also acknowledged that it may be subjective �" on design, he leaves it up to the Commission, describing the aesthetics as “suburban”, but noting that the height would be taller than “other buildings in the vicinity”.

       "Your regulations say you need to compatible with your surroundings, which are office buildings, restaurants, pharmacies,” Williams said. “We think it's a perfect blend."

       If a new state statute is any indication, that consideration could become dicey, warns Town Planner Kim Ricci.

       With the legislature cracking down on exclusionary zoning, neighborhood “character”-based decisions could make a town vulnerable to legal challenges in coming years, she said.

       That’s why Republican Commissioner Victor Zarrilli recommended that the TPZ table their decision and consult with their attorney.

       He was the lone dissenter in the motion to deny without prejudice.

       But before the final votes were cast, Commissioners would deliberate on the site’s Pratt Street access �" Mordhorst was concerned about traffic disturbing residents of that neighborhood during late hours.

       He recommended making it one-way.

       Traffic engineers with Belfonti say they only anticipate 3 cars entering and 6 exiting �" at morning peak.

       “Well then you might as well make it one-way if no one’s going to be using it,” Mordhorst said.

       Developers said they were willing to remove a wall put between the residential buildings facing the Silas Deane Highway �" because Mordhorst said he felt it defeated the purpose of moving the structures back 5 feet to widen walkway for pedestrians, as Belfonti has agreed to do.

       The regulations allow the Commission to waive the minimum setback distance for frontage buffering, but only if it “adds value or contributes to a pedestrian-friendly environment”.

       "This is an exception to pedestrian friendly,” Robbins said.

       While mixed use buildings are typically closer to the street, it’s “unusual” for first-floor residential �" especially when the road is a 4-lane highway �" Chalder wrote in his report.

       But it’s not unprecedented either, Williams contended.

       The Planimetrics assessment deems the site plan “generally compatible” as it pertains to building materials/color, pedestrian amenities �" the site plan includes a walkway network, bike racks, and a pocket park that would be made available for public use �" landscape, lighting, and signage.

       Mordhorst said that if the town center regulations themselves need to be revised to be more developer-friendly, the Commission can and should discuss that in the future.

       Desai said that he feels the town center’s proximity to the busy Silas Deane Highway is the biggest impediment �" and that overcoming that is a question of mindset.

       The developers have offered to install sidewalks where needed, and the State DOT would vet all pedestrian safety components before construction starts �" the agency is also planning a traffic light improvement project for the town center’s 5 corner intersection.

       "There's a highway running through our area,” Desai said. “Do we want to continue what we've done over the past 30 years? If we allow the highway to deter how we develop this area, it will never get developed."