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Branford Zoning Votes on Parkside Village Expansion Jan. 25

At a special meeting on Thursday, Jan. 25 at 7 p.m., Branford's zoning commission will vote to approve or deny a contentious three-part application to redevelop and expand Parkside Village I under CT General Statute Section 8-30g affordable housing.

As Zip06/The Sound confirmed through Town Planner Harry Smith, with a new condition added on Jan. 18, an anticipated 3-2 approval vote by the commission on Jan. 25 will still effectively cut off the ability for Parkside's owner, Branford Housing Authority (BHA) and developer/applicant, Beacon Communications, to move forward with the project. The new condition of approval, set by the Planning and Zoning Commission (PZC) on Jan. 18, will require all three parts of the application to be approved before the project can go forward.

As one part the application, a zoning map amendment, requires a "super majority" (4-1) vote for approval, a 3-2 vote would not be enough to approve it; so the PZC will not have approved all three parts of the application, as required by the new condition.  However, if that occurs, BHA and Beacon are expected to take the decision to court for an appeal.

The map amendment application is being held to a higher approval standard thanks to a protest petition filed by neighbors in October 2017 and accepted by the PZC in accordance with CSG Sect. 8-30g. Once the petition is properly filed and accepted, a 4-1 super majority vote is required to approve the map amendment. The applicant's map amendment seeks to rezone the residential district parcel at 115 South Montowese St. to a "Parkside Assisted Living District" under CGS Sect. 8-30g affordable housing land use appeals.

In all, more than 10 conditions are being built into the Jan. 25 application approval resolution Smith will have prepared for the PZC. Town Attorney Bill Aniskovich has also been working closely with Smith and the PZC on the matter.

At the PZC meeting on January 18, the five commission members reviewing the applications took a poll to see if any had changed their mind from a previous poll (taken Jan. 8) showing three in favor and two opposed to approval; they had not.

For reasons of using the conditions of approval to create stringent oversight within the bounds of town zoning regulation and requirements of CSG Sect. 8-30g, PZC chair Chuck Andres, commissioners Joe Vaiuso and John Lust confirmed that, as of Jan. 18, their intent was to vote to approve.

For reasons including a passionate line of questioning on whether the application meets CSG Sect. 8-30g public safety requirements by incorporating a yet-to-be approved new town road for required emergency access, and whether such a roadway would be feasible given nearby playing field use; and if policing of fire lanes and other restricted uses would become a burden on the town, commissioner Marci Palluzzi confirmed she would not vote to approve.

PZC alternate Fred Russo also adamantly affirmed he would not vote to approve the applications. He said he recognized the reasons for opposition mounted by neighbors and residents, many who turned out for many meetings on the matter over the past months (including more than 60 attending on Jan. 18). He also said he did not believe in "kicking the can down the road" to the Representative Town Meeting (RTM), by placing the burden of approving or denying the needed new road, and therefore the project, on the RTM.

"I feel very uncomfortable with the proposal. What's happening here is a divide and conquer tactic," said Russo.

Russo said the PZC voting to approve the application with conditions "... sends a message to the RTM that we're okay with it. We heard it said here -- we're not okay with it. But we're restricted by it. And I say that maybe we need to spend some money and go to court; and maybe we're going to get shot down... but somewhere along the line, if these laws aren't challenged, they're going to be used against any community...I think the law is made to be blind; and when it comes to the commission, we're supposed to be the eyes and the ears and the hands that feel it out, and say, 'This isn't right,'" said Russo, adding, "...in my opinion; it would be better to either accept it or reject. Making an acceptance with conditions is just kicking the can down the road."

The special meeting of the PZC is set for Thurs. Jan. 25, 7 p.m. at Branford Fire Headquarters, 45 North Main St.