New Haven Independent

Previous proposals by developer Alex Vigliotti to develop the 12-acre site between Cedar and Ivy streets met with disapproval from neighbors and town commissions, and landed the case in the State Superior Court. About a year ago, Vigliotti and First Selectman Unk DaRos began meeting in an effort to reach a settlement in an effort to find a resolution and to end the mounting legal fees.

“This was a roller-coaster ride,” DaRos said in an interview late Thursday. “I think it will end up being a good project … putting seniors in the center of town.”

The plan calls for 120 rental apartments, including 70 one-bedroom units and 50 two-bedroom units, each having a balcony or patio. The three buildings will be linked by walkways to the existing Rose Hill apartments, which Vigliotti also owns.

The Planning and Zoning Commission voted 4-1 in favor of the project Thursday night, following public hearings during April and May. The Inland-Wetlands Commission and the Water Pollution Control Authority signed off on the project last month. The town and Vigliotti will now ask the New Britain Connecticut Superior Court to approve adoption of the settlement plan.The town’s deadline was June 30.

“I think the town is pleased,” said town attorney William H. Clendenen, Jr., following the Planning and Zoning meeting. “We’re hopeful the court will approve it and the appeal will be over.”

The developer’s attorney also expressed relief that the plan was approved.

“Mr. Vigliotti is pleased at being able to work with the town to an amicable resolution of the issues,” said attorney Christopher Smith, in an interview following the meeting.

Ellsworth McGuigan, who chairs the P&Z Commission, said concerns aired by the boards and neighbors in regard to previous plans have been addressed. “This seems much more palatable and the type of project that would benefit the area,” he said prior to the vote.

In addition to McGuigan, P & Z board members voting in favor of the project were Charles Andres, John Lust and Michael Laudano. Phil Fischer voted against the project. Joseph Vaiuso and David Perkins were absent.

Fischer said he disagreed with the scope of the project in regard to the number of apartments. “I’m just against allowing something that has a lot more density,” he said.

“This could be a nice, workable plan,” Andres said as the board deliberated the project. “All in all, I think it’s something I’m in favor of.”

Andres said several issues were resolved, including neighbors’ concerns about possible pollution on the site, and questions regarding the zoning regulations.

Over the years, Vigliotti lost three times before Planning and Zoning. Inland Wetlands rejected his plans as well. Three selectmen — DaRos, who was first selectman when Vigliotti first presented his plans, John Opie and Cheryl Morris — all opposed Vigliotti’s prior plans. A primary issue was Vigliotti’s initial insistence that the land near the top of the mountain be used for development. In this latest version, Vigliotti has donated this land to the town for a nature park.

The most recent zoning issues were raised at an April 30 public hearing when Town Planner Shirley Rasmussen said some regulations proposed by the developer were more permissive than the town’s standards and would create too many exemptions. The proposed zoning would have established a new designation — an Age-Restricted Apartment Home District.

At the May 21 public hearing, P&Z special attorney Mike Ziska suggested an alternative way to rezone the 5.8 acres where the apartments will be built. Ziska said a Planned Development District could be tied to the site plan, and would be based on existing zoning regulations. Planned Development Districts have been used in other areas of town, and are specific to each site. The new area will be designated as an Age-Restricted Housing District.

Vigliotti’s attorney told the board that Ziska’s suggestions were acceptable. “We don’t think it affects the substance of our proposal,” Smith said at the May 21 meeting.

Environmentalist Bill Horne, who objected to the first zoning proposal, said that Ziska’s plan was an improvement. “This is much more protective in terms of impact on the Town Center,” he told the board.

Rasmussen gave further details of the zoning during Thursday’s meeting. “The district is tailor-made specifically for this project,” she said. “It’s inextricably linked to this site plan.”

Language was also included regarding the age restrictions. At least one renter in each apartment must be age 55 or above.

“Technically, I like this plan much better than the previous ones,” said board member Lust, adding that he liked the age-restricted aspect.

Most of the neighbors who opposed previous projects did not attend recent meetings, with the exception of the Vergato brothers, who continued to express their disfavor with the project. “I’m just baffled why the town is bending over backwards,” Michael Vergato said during a recent public hearing. He was not present when the Planning and Zoning voted Thursday night.

The Founders Village resolutions approved by Planning and Zoning will take effect later this month. Rasmussen said the deadlines are within the requirements set by the court.

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