By James Lomuscio
Staring down the state’s affordable housing statute 8-30g, Westport’s Planning and Zoning Commission (P&Z) tonight approved a four-story, 94-unit rental property on the Post Road East near the Sherwood Island Connector by a 5 to 1 vote.
An architect’s rendering of the proposed project at 1177 Post Road East. (CLICK TO ENLARGE) Contributed photo
Even though all agreed a four-story structure was too high for the town—and even though the developer had offered an alternative three-story building—the majority in a work session opted for the taller proposal.
The reason: the original four-story proposal put forth by 1177 PRE Associates LLC would give the town more affordable housing units, 30 percent, and a four-year moratorium on how to handle 8-30g.
The town needed 37 points for a four-year moratorium and the approved project will generate 67.5. The additional 30.5 points will be “banked” toward the next four-year moratorium.
The 8-30g statute has been the bane of many municipalities, such as Westport, since it allows a developer to override local zoning laws if a town does not have 10 percent of its housing stock deemed affordable, which Westport does not.
Tonight’s vote, as in the P&Z’s July 28 straw vote, brought vocal opposition from commisioner Jack Whittle, adamant against the taller buidling.
“I’m proud to say I’m dead set against it,” Whittle said, despite the fact the project would garner more moratorium points. “I feel sorry for the neighbors.”
Earlier he had said that voting for the taller building was “not consistent with my obligation as a Planning and Zoning commissioner.”
Commissioner Alan Hodge countered that the town had no choice but to go with more moratorium points in the face of 8-30g.
“We’re looking at two proposals, neither of which are very attractive,” said Hodge. “I would rather get the maximum benefit from having to do something.”
Because of the statute, Hodge added, “We have no choice but to pass it.”
The four-story proposal already had support from P&Z Chairwoman Catherine Walsh, who at the outset called it “an 8-30g proposal I didn’t hate.” Commisioners Paul Lebowitz and David Lessing were also in support.
“It’s a relatively small price to pay,” said Lessing. “It may prevent an extra floor all over town because of the moratorium points.”
This story has been updated to clarify that the town needed 37 points to achieve a four-year moratorium and the approved project will generate 67.5 with the additional 30.5 points “banked” toward the next four-year moratorium.




Responding with characteristic courage and leadership, they embrace a monstrosity in order to kick the can down the road for four more years.
But no sympathy for the P&Z et al.
The local plastic-bag-banning, virtue-signalling dirigistes are simply hoist on their own petard by the even-more-virtue-signalling dirigistes at the state and federal level.