Zone Changes Raise Prospect Of Condos In Hawleyville

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are leaving open the possibility that a condominium developer might create an “active adult community” for people over 55 on a 40-acre site at 178 Mt Pleasant Road in Hawleyville, near the Bethel town line.

P&Z members on September 6 approved the condo developer’s two proposed changes of zone for the site, thus altering the property’s “residential” and “professional” zoning designations to an “elderly housing” designation.

P&Z members, however, turned down the developer’s parallel proposal, which sought to modify the town’s elderly housing zoning regulations to allow the specific type of condo complex, which the developer wants to build in Hawleyville.

  Whether Ginsburg Development Corporation’s proposal to construct 84 condos on the site progresses any further will depend on how the P&Z eventually modifies its zoning regulations on elderly housing, and whether Ginsburg considers its condo project worth pursuing after it studies the specific rule changes which the P&Z eventually makes.

Pointing out that Avalon Bay Communities, Inc, in 1999 had proposed the construction of 304 rental apartments at the Hawleyville site, P&Z Chairman Daniel Fogliano said the town had had a state environmental review team thoroughly study the site’s development potential, generating a detailed report on the property.

“We have a great framework” within which to judge the developmental potential of the property, Mr Fogliano said.

P&Z member Robert Taylor noted that due to the site’s proximity to a municipal sanitary sewer line along Mt Pleasant Road, the property would be a good location for elderly housing. Mr Fogliano and P&Z member Lilla Dean agreed that the site appears to a logical place for elderly housing. 

Thomas Gissen, a vice president for Ginsburg, told P&Z members that rezoning the site an “elderly housing” would generally advance Ginsburg’s development proposal for the property.

In a 4-to-1 vote, P&Z members approved changing the zoning for 178 Mt Pleasant Road from R-2 (Residential) and P-1 (Professional) to EH-10 (Elderly Housing). Voting in favor of the two zone changes were Chairman Daniel Fogliano and members Lilla Dean, Robert Poulin and Robert Taylor. P&Z member James Boylan opposed the two zone changes.

In their motion, P&Z members stated that the zone changes would permit the development of elderly housing, which would serve to diversify the local housing stock. Also, the two zone changes are compatible with the surrounding neighborhood, according to the P&Z.

P&Z members decided that the zone changes are consistent with the Hawleyville Transportation and Development Study, a developmental report which is an addendum to the town’s 1993 Plan of Conservation and Development.

Also, P&Z members noted that the site is on a major road and within an area where public utilities are available to serve development. The P&Z also decided that from a long-range planning perspective, the site is well suited to sustain the high housing densities which are allowed in EH-10 zones.

P&Z members further found that the two zone changes are consistent with the 1993 Plan of Conservation and Development.

Before the P&Z vote on the two zone changes, local builder Joseph McGowan had urged the P&Z to approve the zone changes, saying it would move the project along. Mr McGowan is one of the owners of the site where Ginsburg wants to build the complex. Ginsburg holds a purchase option to buy the site.

The town’s Economic Development Commission (EDC) has endorsed Ginsburg’s condo complex proposal, terming it a form of local economic development.

Besides the approvals from the P&Z and Conservation Commission, Ginsburg needs an approval from the Water Pollution Control Authority (WPCA) to connect the complex to Hawleyville sanitary sewers. Currently, the bulk of the 40-acre site lies outside the Hawleyville sewer district, but is adjacent to the sewer district.

As the Hawleyville sewer district is currently drawn, only a small section of the site near Mt Pleasant Road lies within the district. In 2000, the town installed sewer lines along a 3,000-foot-long section of Mt Pleasant Road to stimulate economic development. The construction of The Homesteads at Newtown at 166 Mt Pleasant Road spurred sewer line construction. The sewer line discharges wastewater at the Danbury sewage treatment plant.

 

Regulations

Although the P&Z approved Ginsburg’s two requested zone changes, the panel turned down Ginsburg’s proposed set of changes to the P&Z’s elderly housing regulations.

Ginsburg’s proposed rule changes would have created a regulatory mechanism through which the firm could apply for the specific “active adult community” condo complex that it has in mind for the heavily wooded, steep, rocky property.

Mr Fogliano pointed out that although Ginsburg had presented architectural drawings to the P&Z several months ago that suggested the appearance of such a complex, such renderings are “just speculative.”

In June, Ginsburg submitted schematic drawings to the P&Z for an 84-unit condo complex, which it wants to construct on the west side of Mt Pleasant Road, across the street from Cassio Kennels. The developer has not submitted formal plans for a complex to the P&Z.

Mr Fogliano said that the P&Z’s long-term project to revise its zoning regulations on elderly housing will take precedence over Ginsburg’s requested regulation changes. It would not be prudent to make the specific regulatory changes requested by Ginsburg while the P&Z is in the midst of reviewing its own broader set of proposed rule changes, Mr Fogliano said.

On that note, P&Z members unanimously rejected Ginsburg’s requested elderly housing rule changes.

In comments made after the P&Z’s approval of the two changes of zone requested by Ginsburg and the P&Z’s rejection of Ginsburg’s proposed EH-10 rule changes, Mr Gissen said Ginsburg’s development proposal for the site is “still an active matter.”

Ginsburg will analyze the implications of the P&Z’s actions, will review the revised EH-10 regulations which the P&Z eventually approves, will consider the design implications of those rule changes, will consider the financial implications of the situation, and also will discuss the matter with the current owners of the site in determining how to proceed, Mr Gissen said.

In its rule change proposal, Ginsburg had sought rules to permit attached housing for the elderly: to have second stories; to have finished walkout basements which serve as living area; and to allow the buildings which contain the condo units to be positioned closer together on a site than currently allowed by the zoning regulations, among other rule changes.

Rule Changes

For the past several months, P&Z members have been mulling over their own set of proposed rule changes for elderly housing construction.

P&Z members discussed their rule proposals for three hours September 6 and came a consensus on many points, but were not able to agree on the number of levels of living space which should be allowed in multifamily elderly housing complexes.

Current regulations allow living space on only one level. P&Z members are pondering whether living space should also be allowed in finished walkout basements and in second stories, representing living space on three individual levels, as had been requested by Ginsburg in its proposed rule changes.

 Mr Fogliano said he expects P&Z members will eventually decide whether the EH-10 regulations should continue allowing living space on only one level, or should be instead broadened to also allow living space in second stories and in finished walkout basements.

Current regulations require that all living space in multifamily elderly housing units be on a single level to allow its residents easy access to all living areas, thus providing the “frail elderly” with the ability to “age in place.”

In a lengthy discussion preceding their votes on Ginsburg’s requests for two zone changes and for regulatory changes, P&Z members considered how they should modify their EH-10 regulations in light of changing local conditions.

The condo complex envisioned by Ginsburg would be intended for affluent couples over 55 who have no children living them. Ginsburg’s proposal for a condo complex, known as an “active adult community,” would contain condos costing as much money as many local houses.

 Ms Dean urged that the town not provide a “density bonus” to projects such as the one proposed by Ginsburg. Such density bonuses allow much higher-than-normal residential construction densities. Such a complex would quickly consume the limited local infrastructure, such as public sewers and public water supplies, Ms Dean said. If the people who live in such a complex had low incomes, it would be justifiable to use such public utilities for a complex, she said.

Of the people who would buy condos in the Ginsburg complex, Ms Dean said, “These people really could live anywhere, at $300,000 a pop for a condo.” She suggested that such people could instead live in Boca Raton, Florida.

Mr Taylor said the town should not subsidize wealthy senior citizens by allowing high-density housing complexes which are served by limited public utilities.

But Mr Poulin had a different view of the matter.

“We need the seniors. We need the rich seniors…We’re not giving them a bonus. We’re making a wise investment,” Mr Poulin said. “I’d love to keep the rich seniors in town,” he said. Such people make limited demands for town services, he said.

Mr Poulin said he wants to see attractive housing for senior citizens built in secluded areas such as the Hawleyville site.

The presence of elderly residents is very beneficial to Newtown, Mr Poulin said. The “frail elderly,” who are the people for whom the original elderly housing regulations were created in the 1970s, represent only a small fraction of the elderly, he said. “I think good looking condos have a place in Newtown,” Mr Poulin said.

P&Z member William O’Neil suggested that the P&Z create parallel sets of zoning regulations on elderly housing. One set would cover elderly housing in general, and the other set would cover “active adult communities,” he said.

P&Z member Anthony Klabonski urged that the P&Z allow more diversity in local housing types, such as active adult communities. “Diversity is it,” he said, in urging open-mindedness to different forms of housing.

Mr Taylor responded he does not support overcrowding in the name of increased diversity.

Mr Fogliano observed that if the complex, such as the one proposed by Ginsburg, did not offer some revenue and public spending benefits to the town, P&Z members would not even be considering altering their regulations to allow such a complex. Mr Fogliano said there is little local public support to allow conventional condominium development in town.

Mr Fogliano noted, however, the Hawleyville site is a physically difficult piece of land to develop and the complex that Ginsburg envisions for it is very likely a good use for that property.      

 

Action Postponed

Realizing that P&Z members are divided other whether to change the zoning regulations to allow multiple-level living in high-density elderly housing complexes, Mr Fogliano postponed consideration on the matter.

The P&Z will solicit public opinion on the elderly housing issue in a planned public opinion poll which will be designed to gauge public views to aid the P&Z in formulating the 2003 Town Plan of Conservation and Development, Mr Fogliano said.  That public opinion poll may be conducted next year.

“To postpone something like this doesn’t sit right with me,” Mr Poulin said. Mr Poulin urged that P&Z members strike a compromise and allow elderly housing to have two levels, without finished walkout basements.

Ms Dean noted the P&Z has had extensive discussions over a long period of time on how it should change the town’s elderly housing regulations.

Mr Poulin said he expects that P&Z members will again express differences of opinion on the matter in future discussions.

At a future session, P&Z members will revise the elderly housing zoning regulations, Mr Fogliano said.