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01/26/2018 10:17 AMOn January 25, five Planning and Zoning Commission (PZC) members made consecutive 3-2 votes in favor of three applications to expand and redevelop Parkside Village I under CT General Statute Section 8-30g affordable housing -- but it wasn't enough to allow the applicant to immediately move forward.
All three applications had to be approved for the project to move forward; but the project remains on hold because one application, for a zoning map amendment, required a two-thirds majority vote for approval (4-1), by state statute. Having received only a 3-2 majority in favor, that application was denied. The PZC took the position on advice of Town Attorney, due to the PZC accepting into the application record, in accordance with state statute, a protest petition filed by neighbors late last year.
PZC chairman Chuck Andres said the commission was following the letter of the law. "One of my themes is, we've got to comply with the law and we've got to review this application under 8-30 g and certain standards. That's the way we're going to review it and that's how we're doing it. They've got to comply with the law. They're the Housing Authority. Housing Authority law says they are subject to zoning regulations...so that means they have to have a zone in place for any housing projects. So that's why I think that map change is integral to part of that. It's part of their law. We're doing our law."
The PZC's actions leave applicant Beacon Communities and owner Branford Housing Authority (BHA) with options that could include taking the PZC to court with regard to the two-thirds majority vote requirement; as well as appealing to the Representative Town Meeting (RTM) for assistance with another conditional requirement for a new town road to provide emergency access from Melrose Avenue to the expanded development at 115 South Montowese St.
Immediately following the three votes on Jan. 25, no comments were made by BHA or Beacon representatives attending the meeting. Zip06/The Sound asked Beacon attorney Timothy Hollister (Shipman & Goodwin, LLP) if the applicant planned to go before the RTM regarding the emergency road.
"We have nothing to say until we sit down and read word for word what was just done," Hollister replied.
The way the Jan. 25 vote came down was not a surprise. As previously reported (see the story here), PZC alternate Fred Russo and commission member Marci Palluzzi had indicated at PZC meetings in January 2018 that they would vote against approval; while Andres and commissioners John Lust and Joe Vaiuso indicated that, with conditions and modifications added by the PZC, they would vote in favor. They followed those lines on Jan. 25, with Andres, Lust and Vaiuso in favor of each application and Palluzzi and Russo opposed to each.
However, a new twist was added at the opening of the Jan. 25 special PZC meeting, when Andres noted that the applicant's attorney had requested Russo recuse himself from the night's vote. Andres then gave Russo the floor to make a statement.
Noting Town Planner Harry Smith had emailed a copy of the attorney's letter to him late Tuesday, January 23, Russo stated, "...the letter requested that I recuse myself from tonight's vote on the basis of a statement regarding my views on the Affordable Housing Law. While I admit to feeling strongly about this issue, I have participated in each public hearing with an open mind and have engaged in deliberations on a good faith basis. I have not pre-judged the case nor do I have any personal bias against the applicant or the Housing Authority. While I believe that the Affordable Housing Law is unfair to communities like Branford, which have a considerable amount of affordable housing that simply does not qualify in the statute, I also believe there was sufficient evidence [to] support denial. Therefore, I do not intend to recuse myself from the vote; and I will be voting against this applicant."
Russo's statement was met with applause from an audience of about 50 residents attending the PZC's Jan. 25 special meeting to vote on the applications.
As approved on Jan. 25, the applications now include many additional conditions and modifications that will be required of BHA/Beacon.
The Jan. 25 votes ended a lengthy PZC review which started in October 2017 and included a four-part public hearing which concluded in December, 2017. The combined applications, for a zoning map change, zoning regulation text amendment and a site plan/coastal site plan, seek to replace 50-unit Parkside Village I -- currently restricted by Branford zoning to affordable elderly and disabled adult housing — with a single building in a new Assisted Housing District (under CGS Section 8-30g), with 67 units to include a mix of all-age residents with placement prioritized by low-income needs following CGS Section 8-30g.
The three-part application is BHA and Beacon's second, revised attempt to apply to the town for an expanded development that would also address issues involving ADA non-compliance and aging building issues at Parkside Village I, which was built in the early 1970's. BHA/Beacon's first attempt sought to demolish the current three resident buildings and central community room building and bring in a single, 71-unit building in a Planned Development District (PDD). That plan was withdrawn in October 2016; in the wake of several concerns citied by the town planner and fire marshal's review, and opposition from residents who opposed the project's scale and scope.