“As such, this reason for denial is a legally insufficient basis for the court to uphold Westport’s denial of the application under consideration,” it adds.
Regarding fire department access and egress concerns, the judge found that the denial was predicated on input from former Westport Fire Chief Andrew Kingsbury and town Fire Marshal Nate Gibbons, not the State Fire Marshal, the authority with jurisdiction.
“There is nothing in the record to suggest that the State Fire Marshal made any determination in this matter calling for access beyond what the applicable fire codes required or what was proposed by the applicant in connection with the proposed development,” Roraback wrote in his 23-page decision.
He also found flaws in the traffic safety concerns the P&Z cited, including “site lines to be calculated at 15 feet from the curb and by requiring a longer site line calculation when looking up Lincoln Street from the development’s exit.”
“These substantial public interests must, however, be considered against the backdrop of the evidence presented by the applicant, and the fact that the traffic expert retained by Westport did not, in its own independent review, identify these claimed deficiencies as safety risks,” Roraback said, adding that they did not “outweigh Westport’s need for affordable housing.”
During the P&Z hearings, local officials have claimed the area was being held hostage by 8-30g. The statute allows a developer to override local zoning regulations if a town does not have at least 10% of its housing stock deemed affordable, which Westport now at 4% does not.
“The only comment I have is that we are reviewing the decision carefully and will be meeting with the commission tomorrow to review our options,” Twn Attorney Ira Bloom said Wednesday.
Cross Street LLC’s plan calls for an 81-unit apartment building with 104,625 square feet of floor area located on a 3.15-acre parcel.
The decision notes the planned building would be six stories and 72 feet high, with the lowest two stories used as a parking garage. It also states there would be two ways to enter the development, including a driveway off Lincoln Street and via a right turn off Post Road West. Egress would be the same.
During the P&Z hearings, residents and local officials said the development would increase traffic in an already congested downtown during rush hour periods.
“As such, this reason for denial is a legally insufficient basis for the court to uphold Westport’s denial of the application under consideration,” it adds.
Regarding fire department access and egress concerns, the judge found that the denial was predicated on input from former Westport Fire Chief Andrew Kingsbury and town Fire Marshal Nate Gibbons, not the State Fire Marshal, the authority with jurisdiction.
“There is nothing in the record to suggest that the State Fire Marshal made any determination in this matter calling for access beyond what the applicable fire codes required or what was proposed by the applicant in connection with the proposed development,” Roraback wrote in his 23-page decision.
He also found flaws in the traffic safety concerns the P&Z cited, including “site lines to be calculated at 15 feet from the curb and by requiring a longer site line calculation when looking up Lincoln Street from the development’s exit.”
“These substantial public interests must, however, be considered against the backdrop of the evidence presented by the applicant, and the fact that the traffic expert retained by Westport did not, in its own independent review, identify these claimed deficiencies as safety risks,” Roraback said, adding that they did not “outweigh Westport’s need for affordable housing.”
During the P&Z hearings, local officials have claimed the area was being held hostage by 8-30g. The statute allows a developer to override local zoning regulations if a town does not have at least 10% of its housing stock deemed affordable, which Westport now at 4% does not.
“The only comment I have is that we are reviewing the decision carefully and will be meeting with the commission tomorrow to review our options,” Twn Attorney Ira Bloom said Wednesday.
Cross Street LLC’s plan calls for an 81-unit apartment building with 104,625 square feet of floor area located on a 3.15-acre parcel.
The decision notes the planned building would be six stories and 72 feet high, with the lowest two stories used as a parking garage. It also states there would be two ways to enter the development, including a driveway off Lincoln Street and via a right turn off Post Road West. Egress would be the same.
During the P&Z hearings, residents and local officials said the development would increase traffic in an already congested downtown during rush hour periods.
