By James Lomuscio
Most who spoke at tonight’s Planning and Zoning Commission (P&Z) meeting agreed that the planned four-story, 94-unit rental property at 1177 Post Road East had its merits: the right location, access to transportation and sewer hookups.
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Land use attorney Chris Smith explains the new 8-30g proposal to the P&Z tonight. (CLICK TO ENLARGE) Dave Matlow for WestportNow.com
But the shortcoming with the new plan put forth by 1177 PRE Associates LLC at the behest of the P&Z since the last meeting was that the number of affordable housing units was decreased from 30 to 26.6 percent.
Members of the public who spoke, including state Rep. Jonathan Steinberg, Representative Town Meeting (RTM) member Matthew Mandell and Valerie Jacobs, co-chair of the preservation group Save Westport Now, argued that the plan needed to provide more income diversity.
More affordable units, they said, would also give the town more moratorium points to buy time against the state’s affordable housing statute, 8-30g.
The statute allows a developer to override town zoning laws if a community does not have 10 percent of its housing stock deemed affordable, which Westport does not.
“I’m very excited that it could get us to the moratorium, a potential of eight years for deciding our own destiny,” Steinberg said.
With only 26.6 percent affordable units, the town could buy just four years of a moratorium until it decides how to handle 8-30g, they said. With 30 percent affordable units, the town would garner 67 points, enough to get a stay of eight years, according to Mandell.
“You can do it; they’re not going to go to court,” said Mandell. “They’re going to accept it.”
Mandell’s comment raised the ire of Christopher Smith, attorney for 1177 PRE.
Smith’s anger came from the fact that this was the third time the applicant had come before the P&Z, the most recent time June 2.
At the last meeting the P&Z suggested that the applicant reduce the height from four to three stories for one part of the development, which 1177 PRE Associates did with its current proposal.
Company principal Philip Craft of Easton talked not only of the new schematics, but new LED down lighting in the parking lot and on the roof to please neighbors, plus reworking the dumpster in the rear of the property.
“Hopefully, one of the two (proposals) is acceptable to the commission,” Smith said.
He also stressed that with the reduction of one section from four to three stories it would be financially unfeasable to increase the number of affordable units.
He said that if the P&Z demanded such, as Mandell and Steinberg suggested, it would place “onerous conditions” on the application, violating the affordable housing statute.
“You have our guarantee that if you do what was suggested by Mr. Mandell, we’re going to court,” Smith said.
“You’re going to get your moratorium, but what you’re hearing here is a very effective way to deny this application,” he added.
P&Z Chairwoman Catherine Walsh responded that what was said by the public did not reflect how the commission was willing to work with 1177 Post Road East. She also lauded the project and its location.
The P&Z, with only five of its seven members present, agreed to wait until it has a full commission to vote on the matter.
