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The developers of the Parkside Village housing proposal are optimistic that their legal appeal filed Tuesday will eventually lead to construction of the long-awaited affordable housing project.
Branford’s Housing Authority and its developers, Beacon Communities LLC of Boston, are challenging the legality of a recent decision by the Planning and Zoning (P&Z) Commission which denied the project.
“We feel that we have a very strong case,” Dara Kovel, president of Beacon Communities, said in an interview yesterday. “On this appeal I think the facts of the case and the law on this are rather straightforward, so we are optimistic at this point.”
The 14-page appeal was filed in New Haven Superior Court and at the Town Clerk’s office by attorney Tim Hollister, a partner in the law firm of Shipman & Goodwin in Hartford; and an expert in the state’s affordable housing law. Click here to read about that. The appeal will come before the New Haven Superior Court on March 20. One of the first actions Hollister is expected to take is to ask the judge to transfer the case to the land use section of the Superior Court in Hartford.
Kovel told the Eagle that it’s a grave disappointment that the project was denied and that an appeal had to be filed. “We’re continuing to push forward on the project and hope to succeed with this appeal and move toward a funding process, and then construction ultimately.”
The Eagle asked if the appeal will be resolved in time for the Housing Authority to meet the annual deadline to apply for federal funding through a tax credit program.
“We are in the hands of the court system at this point,” Kovel said. “We unfortunately can’t say exactly how long it will take them both to schedule a hearing and to make a final decision. It could very well have an impact on our application at the end of the year. At this point we are hoping it does not, but we can’t know for sure until we have completed moving through the court system.”
When asked to comment on the appeal, Bill Aniskovich, the town’s counsel, told the Eagle that the town’s policy is not to comment on litigation.
Parkside Housing Recent History
Plans to build new Parkside housing were stalled in 2016 by neighbors’ concerns and design issues. The plans were withdrawn from P&Z consideration shortly before the November cut-off date to apply for federal funding.
Since that time, the developers revised the plans after meeting with neighbors and town staff.
Plans now call for construction of an L-shaped building with 67 apartments, including 33 one-bedroom units, and 34 two-bedroom units. The units would house low-income people of any age, not just seniors, which the developer claims would increase the possibility of securing federal funding.
Parkside Village 1 was constructed in the early 1970’s on a 5.7 acre site that the Housing Authority owns. The three buildings in the complex at 115 S. Montowese St. are deteriorating and are not compliant with the Americans with Disabilities Act (ADA). The complex includes 50 small units that provide housing for low-income elderly and people with disabilities.
“The Branford Housing Authority has been working on this project for over five years because we know that the present facility is neither physically nor financially sustainable, said Douglas Denes, chairman of the Branford Housing authority. “We have worked long and hard, and made major adjustments to come up with a terrific project that we think will serve not only the tenants’ but everyone’s needs very well,” Denes said in a prepared statement
Kovel said the current Parkside residents are looking forward to having a new home.
“I think most importantly, this project is about improving housing options for people who are very low income in the town of Branford,” Kovel said. “Most specifically the people who live in Parkside Village 1 right now who will have the right to return to the redeveloped property. And then more broadly, for people who can’t afford to live in the community of Branford.”
The project was filed under state statute 8-30g, the affordable housing act. These applications operate under different rules that other proposals. If the commission denies the project and an appeal is filed, the commission has the burden of proof. They must show that the decision was supported by the evidence on the public record and that it was based on substantial public health or safety issues, and that those issues outweigh the need for affordable housing.
The Eagle asked if Beacon Communities had appealed any other 8-30g projects in Connecticut.
Kovel said Beacon has not used the 8-30g statute in Connecticut before, but they successfully used its sister legislation in Massachusetts. She said that Connecticut’s affordable housing statute was modeled on the Massachusetts statute.
The Best for Branford
Tacie Lowe, a member of the Housing Authority, told the Eagle yesterday that the project will help the current Parkside residents, and help solve affordable housing needs in the community. “We’re all Branford residents and we all want what’s best for Branford.”
Lowe said the Parkside buildings were repaired over the years, but it’s no longer feasible to attempt to repair them.
“The buildings have served their time, and they’re not fixable,” Lowe said of the aging complex.
She said neighbors concerns about issues like security and parking have been addressed. “There’s a lot of really big improvements,” she said.
Public hearings, which began in October and ended in December, drew large crowds, with many neighbors opposing the project for a variety of reasons. Click here to read one of those stories.
Lowe said the Housing Authority would rather not have to appeal, “We went out of our way to be transparent,” she said.
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