New Haven Independent

The suit surrounds the Burwood Hill Condominiums, a development on Burr Street right near the New Haven/East Haven border. The city zoning board had given developers the OK to build the condos there, even though they would pierce the imaginary ceiling of a newly established safety zone designed to make the airways safe for planes. That imaginary ceiling, established by a 2005 city ordinance, gave Tweed the tool to fight back and — as of Monday — deter the condos from popping up as planned.

In a deal penned Monday morning by the Board of Zoning Appeals, the city, Tweed and developers Glen Meadow Realty, LLC agreed to a compromise: Build only six of the nine condos, and trim back 20 especially high-reaching trees. The agreement, which needs final approval from a Superior Court Judge, would save the city from having to litigate in court, and leave the airport and developers with a digestible compromise.

The move was part of a continuing lobbying effort by Tweed to control land use around the airport.

Back in 2004, the BZA established a Planned Development Unit for 400 Burr St. to allow nine residences there. One of the condos was built. Then the city passed a new ordinance laying down an imaginary special zoning overlay in the sky, near Tweed’s runway, above which buildings should not rise.

The condos were planned for hilly terrain that itself pierced the new zoning overlay, said Carolyn W. Kone, the developers’ attorney. So any new development would have required a height variance. When developers returned in 2007 to ask approval for the next eight buildings, they were granted, by a 5-0 vote, a special exception from the new height restriction law.

“Our position is that the city should enforce its ordinance,” said Susan Godshall, Tweed’s administrative director. Tweed appealed the variance granted by the BZA in Superior Court, prompting heavy negotiating between Kohn, the city (represented by Rene Gerard Martineau) and Tweed last week, in anticipation of a Tuesday court date.

According to the settlement, Tweed agrees not to pursue any appeals in this matter. While Tweed would have liked for no new buildings to be built there, Godshall said it settled for the compromise. “This settlement is the best accommodation we could reach.”

City Plan Director Karyn Gilvarg said she is pleased the settlement prevented the city from more costly litigation.

“Are you all happy?” asked BZA member Chris Vigilante before the board approved the settlement in a 4-0 vote.

“I wouldn’t say everybody’s happy, but it’s something we can live with,” said Kone.