P&Z Should Reject Vessel Proposal
To the Editor:
One has to give Vessel Technologies credit for taking a known problem, lack of affordable housing, and threading through multiple loopholes and exceptions to avoid reviews and restrictions to gain approval for an untested high-tech structure on a uniquely unsuitable parcel. By waiving the 8-30g approve-it-or-you’ll-lose-in-court flag from the very start, Vessel has controlled the narrative.
For its part Newtown has either accepted or been unable to change the narrative or control the review process. Town staff, elected and appointed officials I’ve heard all consider the development as proposed and located a very bad project. But it seems to be an unorganized collection of Town representatives up against a single highly goal focused Vessel. I can only hope that a list of the zoning and POCD provisions Vessel is ignoring is being prepared and prioritized as the basis for the Town to take control of the review and negotiate with Vessel Technologies.
For myself and others the top priority change to the project is eliminating non-emergency Oakview Road access. As with other red herrings, Stolli engineers try to point to the Traffic Study. A Traffic Study is irrelevant to the Oakview Road safety issue. In fact, the smoke and mirrors statement that Oakview Road does not pose a safety risk may start with calling Oakview a “road.” Most think of a road as something with a yellow stripe down the middle separating the lanes. Oakview is too narrow for yellow lane markings. In spots it’s too narrow for two cars to pass. Add the restricted sight lines and it’s just common sense to oppose anything that adds vehicle or pedestrian traffic.
Police Commissioners over the past 20 years have recognized this. In 2005, when Toll Brothers wanted to build a 60-unit Regency condominium community accessed off Oakview less than 400 feet from Berkshire, a compromise “solution” was reached to have the access bent towards Berkshire with no turn signage. This “solution” hasn’t worked. It isn’t working for Regency; it won’t work for two proposed buildings. Any judge would quickly grasp the problem and why over the years police commissions have said rebuilding Oakview is the only solution
On December 3, when reviewing the proposal, the necessity of an Oakview rebuild was repeated by the police commissioners. Two days later Planning & Zoning was surprised with a new plan where both buildings would be accessed from Berkshire. The next P&Z meeting is the day after New Year’s. Will the commissioners be presented with same day submittals and no plan to get to something acceptable or a clear articulation of all the reasons to reject.
By law, the town has control of this stage and has the right to reject Vessel’s proposal. Don’t be intimidated by the 8-30g hot button. Take control of the narrative and review to lay a solid health and safety foundation for any court challenge. The proposal has unique flaws that CT courts have not reviewed.
Ned Simpson
Sandy Hook
Ned, please familarize yourself with 8-30G, and then please share the unique flaws that may be helpful in formulating a denial
An 8-30g project can be denied only on very narrow grounds – i.e., if it presents health, safety or other concerns that exceed a town’s need for affordable housing.
According to the TOG website, “projects cannot be rejected for incompatibility with a Town’s Plan of Conservation and Development (POCD); density; traffic congestion; height; aesthetics; concerns of neighbors or the community; and failure to comply with local zoning regulations.”
8-30g proposals are rarely denied by planning and zoning officials because the burden of proof on appeal is on the town. Appeals are costly, but a municipality can be successful in a court case if it has sufficiently established that the concerns leading to denial are factual and substantive.