Politics & Government

Just Try And Deny Pawcatuck Affordable Housing

State Law Puts Burden On PZC, Not Applicant.

At the end of the day, unless the Planning and Zoning Commission can come up with a persuasive and undeniable issue of potential risk to the safety and health of the community, a 45-unit affordable housing complex will be built at 100-102 South Broad St., in Pawcatuck, so says state law.

And any reason to deny the plan better be winnable in appeals court because that’s where other communities have ended up; in court with not always the result they hoped for.

In the event of a denial by the PZC and subsequent appeal of that decision, Connecticut State Law 8-30g puts the burden on the PZC to prove substantial risk to public health and that those “public interests clearly outweigh the need for affordable housing; and (C) such public interests cannot be protected by reasonable changes to the affordable housing development.”

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In other words, the proposed housing complex must pose a threat to the well-being of its neighbors. A mixed-use plan which calls for first floors eventually to be converted to commercial use, the proposal includes three buildings; two-three story buildings of 20
one-bedroom, 20 two-bedroom, four, three-bedroom and one, three-bedroom caretaker detached house, 89 parking spots and a playground.

Attorney for the project, Timothy Bates, said it’s rare that a community can demonstrate a compelling concern to justify a denial of the application.

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“We will cooperate, we will work with you; that’s why we’re here,” he said. “We don’t want to have to sue you to get our permit…at the end of the day, you can only deny it for health and safety reasons that outweigh the need for affordable housing. It’s uncomfortable
and it takes some time, but it’s the law.”

The law requires that communities have at least 10 percent of their housing stock deemed affordable; Stonington is just over four percent.

“We’re not dealing with low income housing, but attainable housing, Bates said. He said “civil servants that cannot afford McMansions,” like police officers and teachers.

The affordable housing formula calls for 20 percent of the units to be provided for families whose income is 80 percent of median income, 15 percent must be at 60 percent of median income with the balance at 100 percent of the median income—or market price for rents.

The plan for the site is not new; the PZC approved a mixed-use development at the site four years ago but at that time, the plan called for 12 townhomes with commercial units on the first floors.

But Bates said owner Tom Buxton was unable to sell any commercial space: “Getting commercial in this location has proved impossible.” Buxton paid attention to the then recently created affordable housing task force and the state law and made the move to create affordable housing.

The PZC heard the conceptual plan Tuesday night and had myriad questions and concerns.

"But we have no regulatory ability to control this," said outgoing PZC chairman John Swernton. His term expires this month and he is not seeking re-appointment.

Buxton needs a special use permit and a possible zone text change. It is anticipated that he will have a formal application submitted in 4 to 6 weeks, Bates said. The matter will go to public
hearing in the coming months.

In the audience Tuesday night—having waited nearly five hours—were a number of South Broad Street neighbors. Since the agenda item was administrative and not a public hearing, they did not speak
to the plan. But copious notes were taken along with shrugs and shaking heads.  


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