Date: Fri 20-Dec-1996

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-affordable-housing

Full Text:

P&Z Tightens Rules For Affordable Housing

B Y A NDREW G OROSKO

Future applications for affordable housing projects must meet stricter

regulations than in the past, following a recent action by the Planning and

Zoning Commission (P&Z). The commission voted to decrease the maximum number

of units allowed in an affordable housing complex and reduce permitted

construction densities.

The new stricter rules took effect December 16, following the 3-to-2 P&Z vote

on December 5.

P&Z Chairman John DeFilippe and members Thomas Paisley and James Boylan voted

to make the regulations tighter. Members Heidi Winslow and Daniel Rosenthal

voted to let the regulations stand without changes.

The P&Z's changes will: cut the number of maximum number of units allowed in

an affordable housing development from 200 to 100; reduce the number of

housing units allowed per acre from six to four; reduce the number of housing

units allowed per building from five to four; and cut the maximum length of

buildings which contain multiple housing units from 180 feet to 120 feet.

"The town should be encouraging more affordable housing and I'm prepared to

vote against it," Mr Rosenthal said of the rule changes.

Ms Winslow, who helped write the town's initial affordable housing

regulations, also spoke against the changes. The initial town regulations took

effect in 1992.

Newtown hasn't been a diverse town in terms of its housing stock, Ms Winslow

pointed out. "It is a good thing for this town to encourage diversity," she

added.

But, she noted, the town's affordable housing regulations approved in 1992

haven't proven successful in attracting affordable housing to Newtown. Passage

of a state law designed to encourage the private development of affordable

housing prompted the town to create its initial affordable housing

regulations.

"Why are we trying to make our invitation `less,?'" Ms Winslow asked P&Z

members.

High housing densities make affordable housing economically possible, she

added.

"I don't think our regulations are broken at this point," she said. She said

she is disappointed the initial regulations haven't attracted affordable

housing to Newtown.

"I do not see any rhyme or reason for these changes," Ms Winslow stressed.

The specific property eyed for an affordable housing development should

dictate the construction density there, not some number specified in a

regulation, she said.

She asked why it would be better to have four housing units in a building

rather than five units. A limit of 100 units shouldn't be placed on affordable

housing complexes, she added.

The Other Side

But other P&Z members have other views.

The state doesn't provide towns with specific numbers regarding affordable

housing complexes' sizes and densities, so towns are responsible for

determining those numbers for themselves, Mr DeFilippe said.

"The state is looking toward the town to come up with guidelines," he said.

"We're trying to get control of residential growth... to make sure it doesn't

get out of hand," he said.

"How much density do you want in town?," he asked. "We're being far more

accommodating than I think we should be."

During the past five years, the P&Z has approved about 200 building lots

annually, he noted, adding that allowing as many as 200 units in an affordable

housing complex is like allowing "a town in itself, all clustered together."

"We're going to go to court, one way or another," he said of the prospects of

the P&Z being sued by parties aggrieved over whatever decisions P&Z members

make on affordable housing complexes.

The P&Z's 3-to-2 vote to make the town's affordable housing regulations

stricter was followed by a round of applause from audience members. About 200

people attended the December 5 session.

At a November P&Z public hearing, resident Judy Holmes of Hundred Acres Road,

a member of the Newtown Neighborhoods Coalition, proposed that the initial

affordable housing rules be eliminated and that a new approach be used. She

proposed that all subdivisions with at least five residences be required to

contain at least 20 percent affordable housing. Under such a plan, a new

20-lot subdivision would have at least four units of affordable housing. Such

a developmental approach would help the town preserve its character, according

to Ms Holmes.

Mr DeFilippe said the P&Z referred the coalition's proposed rule changes on

affordable housing to the town attorney for a legal opinion. The lawyer ruled

that the coalition's proposed rules would be illegal, the P&Z chairman said.

At the November session, Mr DeFilippe said making the regulations stricter

doesn't apply to any particular affordable housing development.

D&H Homes, LLC, of New Milford, and Fairfield 2000 Homes, Corp, of Stamford,

have been seeking Conservation Commission approval for wetlands construction

work at the proposed "Newtown Village" off Berkshire Road in Sandy Hook. It

would involve the construction of 102 houses on 32 acres, 25 houses of which

would be "affordable housing."

Developer's Viewpoint

On December 16, D&H Homes manager John Horton questioned why the P&Z decided

to make its affordable housing regulations stricter while D&H's proposal for

wetlands construction work for Newtown Village is pending before the

Conservation Commission.

"I think their timing was poor," he said. "I don't know enough about their

rationale (for changing) the regulations... I don't know what led to these

changes."

An application to the P&Z for a Newtown Village site plan approval, would come

after D&H receives an approval for wetlands construction work from the

Conservation Commission.

Mr Horton said he hopes the changed regulations don't adversely affect D&H's

proposal for Newtown Village, adding the applicants haven't yet closely

analyzed the new rules' possible effects on their application.

In order to make the affordable housing concept work, the developer has to be

able to spread the cost of land across many houses instead of just a few

houses, he said.