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01/13/2017 01:56 PMAfter the Planning & Zoning Commission (PZC) denied Arsalan Altaf's proposal to construct two buildings housing a total of six units, including some designated as affordable housing, at 239 Pawson Road, Altaf has resubmitted the proposal to have one building with three units including one affordable housing unit. The proposal will be brought to public hearing on Thursday, Jan. 19 at 7 p.m. at Branford Fire Headquarters.
Altaf is doing business as Pawson Point LLC and is represented by Attorney Kevin J. Curseaden, who did not return calls for comment.
The town had already deemed the property unsuitable for building and for a single-family home. In August 2016, the Zoning Board of Appeals (ZBA) denied Altaf's request for three variances that would have allowed a new single family home on the lot. The ZBA's action was a repeat of a December 2015 ZBA decision denying a previous owner of the same property variances to build a single family home on the lot. In November 2016, Altaf filed a court appeal of the ZBA ruling and the case remains open.
But with the recent proposals including affordable housing, many of the zoning regulations could be outweighed by the community's need for affordable housing, according to Town Planner Harry Smith.
"The state's affordable housing statute, in a nutshell, allows zoning regulations to be given a much lower level of affect," said Smith. "If the Zoning Commission denied this and it was appealed to court, we need to show that any concerns presented by development outweigh the needs for affordable housing."
To qualify as an affordable housing unit, the monthly cost to own or rent the unit must not exceed 30 percent of the income for a household making 80 percent or less of the town's median income. In Branford, with a median income of $71,058, the unit would be available only to a household with an income of $56,846 or less, with monthly housing costs not exceeding $1,421.
The plans presented at the December public hearing for the 0.23-acre site included two buildings, one with four units and one with two; three of the units were slated to be considered affordable housing. That site plan had the building footprint extending to just one foot from the tidal wetland and one foot from the abutting property line.
The proposed plans for the new three-unit building, which will include one affordable housing unit, is now 25 feet from the wetland and 15 feet from the abutting property line. While the setback concerns were addressed with the new site plan, area residents have other concerns. Smith noted that December's public hearing on the property attracted about 50 residents.
"There were several issues I heard from residents at the meeting, including concerns about additional traffic on the road, flooding as the road network is subject to potential flooding at three locations, and parking in the vicinity," said Smith.
With the proposed site plan, there is a one-car garage for each unit, but Smith noted that there are no options for more parking, which is also against zoning regulations.
At the public hearing on Jan. 19, the applicant will present the plan, members of PZC can ask questions, and the public can voice concerns.
"Based on the last meeting, we're expecting a big turnout," said Smith, who has also put together information on Branford's need for affordable housing. "If communities have more than 10 percent affordable housing, this statute does not apply, but Branford comes in at 3 ½ percent, so someone can file this type of application.
"There is a lot going on with this application—the file is at least a foot think—and it's very arcane with a particular set of legal circumstances," said Smith. "It becomes very difficult to sustain an appeal."