nothin New Haven Independent | Rising Seas, Tidal Wetlands and Affordable…

Rising Seas, Tidal Wetlands and Affordable Housing?

Diana Stricker Photo

Bill Horne

The Planning and Zoning (P&Z) Commission has two months to discuss a request to build affordable housing on what has been termed an “unbuildable” lot on Branford’s shoreline. The half-acre property is located in a flood plain, and contains tidal wetlands and an easement to an adjacent 20 acres of state-owned open-space property.

“We have time,” said Chairman Charles Andres following the close of the public hearing last week.  Andres said the commission needs to discuss and review all the documents and testimony before making a decision.  “This is something that I think we should take very carefully … and discuss it thoroughly,” he said.

Diana Stricker Photo

Projects under the state statute for affordable housing differ from regular applications, and don’t have to comply with local zoning regulations. However, a project can be denied if substantial issues of public health, safety and welfare outweigh the need for affordable housing. 

About 40 people attended Thursday’s hearing, which was held at Fire Headquarters instead of the Canoe Brook Senior Center. The venue was changed in anticipation of a large crowd like the 90 people who attended the July hearing. The P&Z has 65 days to render a decision following the close of a public hearing.

Property owner Arsalan Altaf filed a simultaneous request with the Zoning Board of Appeals (ZBA) for variances to build a single-family residence on the same lot. That request was denied last month.

No Rebuttal from Developer’s Attorney


Diana Stricker Photo

The hearing for affordable housing units at 239 Pawson Road, which began in July, concluded Thursday with no further presentation or public comments from attorney Kevin Curseaden, who represents Altaf.  He is seated far left in the photo.

Curseaden, a partner in the firm of Carroll, Curseaden & Moore LLC of Milford, did not submit any new materials before the P&Z hearing resumed although it was requested. 

At the previous Pawson hearing, Town Planner Harry Smith said critical information was missing from the application, particularly regarding soils and stormwater runoff. The town requested soil borings that would reveal the extent of the tidal wetlands.

In addition, Town Engineer Janice Plaziak and Fire Marshal Shaun Heffernan had concerns about the proposal. The commission also asked Altaf’s attorney to provide architectural sketches.

At July’s hearing Curseaden said he would respond to the various requests and comments at the Sept. 1 meeting, but he did not.

Curseaden also represents Charles Weber and Al Secondino in their plans to build six commercial businesses near Costco on a Planned Development District at Exit 56.

Altaf, whose residence is listed as Middletown on corporation papers,
requested a special exception to construct two buildings with six residential units under the state’s affordable housing statute CGS 8-30g. According to the statute, 30 percent of housing must be designated as affordable—in this case it would be two of the six units. He did not attend Thursday’s meeting.

Altaf purchased the site from Patricia W. Northrop in September 2015 for $35,000 through his Pawson Point LLC corporation. The property is assessed at $49,000 and appraised at $71,100.  In January 2015, Northrop requested variances to build a home on the property, but the ZBA denied the variances. The ZBA last month denied variances requested by Altaf and said the lot was previously termed unbuildable.

Opposition Speaks

Diana Stricker Photo

State Rep. Lonnie Reed

State Rep. Lonnie Reed, who spoke at the July P&Z hearing, reiterated Thursday that the state statute for affordable housing is very important. “It’s something that we really care about when it’s done in the right way, but sometimes it gets hijacked and utilized for goals that we feel have nothing to do with affordable housing,” she told the commissioners.

Reed said she brought several advocates for affordable housing from Hartford to look at the site in question. “And they said to me, ‘Oh my, that’s an unbuildable lot.’”

She did not identify the advocates but said they are “very very passionate lobbyists” who fight for affordable housing.

The state legislature has been working to clarify the affordable housing statute, and is expected to continue their efforts during the coming session.

Attorney Joseph B. Schwartz, who represents neighbors Stephen and Patricia Small, submitted one additional document into evidence. He said a title search showed that the First Ecclesiastical Society, which once owned the Pawson Park-Indian Neck area, placed restrictive covenants on the properties stating they should be used for private residential purposes. He said that would preclude the proposed apartments.

Schwartz, an attorney with Murtha Cullina LLP of Hartford,  said at the previous hearing that this case is very similar to a recent one in East Lyme where a developer wanted to build affordable housing on a property abutting Long Island Sound. The East Lyme zoning commission denied the request stating that it did not comply with policies of the Coastal Management Act. The State Superior Court that upheld the commission’s denial.

The final speaker Thursday was local environmentalist Bill Horne (top photo) who submitted several documents into evidence, including information from the state Department of Energy and Environmental Protection, the Office of Long Island Sound Programs, and the state Plan of Conservation and Development.

The documents highlight the importance of tidal wetlands and vegetative buffers. The site in question provides a buffer to salt marshes along the Branford River, and the proposed construction would nearly eliminate those buffers.

The Pawson Park area is also considered a critical coastal habitat and is a breeding area for globally-endangered saltmarsh sparrows. “This is not just simply some wetland, this is a wetland of regional significance for wildlife,” he said.

Horne also submitted documents about sea-level rise and projected increases in flooding which occur on the shoreline during astronomical high tides. “Sea level is rising and it’s actually rising faster now than it was 50 years ago,” he said.

Rising Above the Storms

Diana Stricker Photo

P & Z Commission

In other business Thursday, the commission unanimously approved a request from Frazier Bronson and Helen Wong to elevate their home at 63 Little Bay Lane. The home, located in the Short Beach neighborhood, was damaged in both Tropical Storm Irene and Super Storm Sandy.

Bronson told the commission he wants to elevate the home to prevent further damage. He said he and his wife spent $35,000 to repair the sea wall in front of their home after Irene hit.

He said they also have a request for a height variance for the home pending before the Short Beach Civic Association. The finished height of the proposed elevated home would be 39 feet.

To qualify for FEMA funding, the house must be raised above the flood hazard elevation level.

Future Hearings

The P&Z will hold public hearings on other issues during the coming weeks.

— On Sept. 15, the commission will consider a request from the Branford Housing Authority to establish a Planned Development District at 115 Montowese Street where the Parkside Village I apartments are located. The Housing Authority hopes to use federal funds to rebuild the apartments, which are designated for low income seniors and people with disabilities.

— A hearing is scheduled Oct. 15 for a request to relocate the Bluepoint Apothecary from its current site at the Planet Fitness building on East Main Street, to a larger venue next door at 471 East Main. The Bluepoint Apothecary was approved in 2013 as a state-licensed dispensary for medical marijuana.
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