Bemoaning what the Planning & Zoning Commission’s chair characterized as the failure of a local developer and legal “intervenors” to negotiate an alternative project, the appointed body this week voted to approve a 102-unit affordable housing complex at Weed and Elm Streets, as required by a state Superior Court judge.
In upholding an appeal last summer that had been filed on behalf of developer Arnold Karp after P&Z denied it, the court gave the town, applicant and intervenor neighbors the ability to negotiate a different project at 751 Weed St., a vacant 3.1-acre parcel.
On Tuesday night, P&Z met to follow through on the court’s order and approve the original project, filed with the town under a widely criticized state law known by its statute number, 8-30g.
Before the formal vote at Tuesday night’s regular meeting, P&Z Chair Dan Radman said, “As I have made clear, there have been ongoing discussions with the applicant and the intervenors—the neighbors who are part of the intervenor group—that have been going on a for a number of months with potential alternatives and compromises discussed and reviewed. But … they did not come to an agreement as to what a potential alternative can be. And because of that, we are forced to approve the 102, and that leaves the applicant clear and free to start building the 102 units as submitted. We are not deliberating this. It’s kind of a fait accompli. We are merely executing the court’s orders to provide a formal approval of the application that we originally denied.”
Radman, P&Z Secretary Krista Neilson and members John Kriz, Chris Hering, Allen Swerdlowe, Tom Benton, Eric Knowles and Kristina Larson voted in favor of a change to the New Canaan Zoning Regulations to accommodate the building, zoning change for the parcel and amended site plan. In what appeared to be a signal of P&Z’s dissatisfaction with the outcome, Commissioner John Engel voted against.
Though the negotiations that Radman referred to were held out of the public eye, as allowed under state sunshine laws, Karp said in an Op-Ed that he and the town agreed on a project that would be 62 units rather than 102 rentals with 30% of those let at what the state “affordable” rates, but that a few intervenor holdouts were not supportive, as required for a negotiated alternative. A response opinion piece said the proposed condo building would be just as large as the affordable rental structure though it would have fewer overall units.
Radman said after the Commission’s vote: “Just for the record, this is an incredibly hard vote and decision to make for this Commission. We’ve all endured four years of agony over the 8-30g application—this specific one as well as the Hill Street and Main Street one. And it’s just unfortunate that an acceptable compromise was not able to be met.”
Under 8-30g, developers proposing housing complexes where at least 30% of units are designated as “affordable” may skirt local planning decisions by filing an appeal. In 2022, New Canaan received three applications for 8-30g projects. P&Z denied each of them. The developer behind those three proposals appealed each denial under 8-30g, and a state Superior Court judge upheld two of the appeals, at Weed and Elm Streets, and more recently, on Hill Street, while denying one on Main Street.
The town’s strategy for securing “local control” of such developments has included appointing a committee focused on securing relief from 8-30g in four-year blocks known as “moratoriums” while exploring options for creating more affordable housing. The town secured one in 2017, but it lapsed during the administration of former First Selectman Kevin Moynihan, opening the window for developers to file 8-30g applications. New Canaan did finally earn a four-year moratorium two years ago, and appears to have sufficient housing units—that is, Housing Unit Equivalency or “HUE” points—to chain together another one in 2028. (A 14-unit affordable project planned on Parade Hill Road that is currently before P&Z is not subject to the moratorium due to its smaller size.)
New Canaan Town Planner Sarah Carey, who helps advise P&Z, noted during this week’s meeting that the site plan at 751 Weed St. underwent a few small changes “in order to be consistent with the remand” from the court. The changes include eliminating a requirement that Karp build a sidewalk along the northern side of Elm Street connecting his parcel to Kimberly Place, and requiring that a sewer connection be located through a private easement that runs through 313 Elm St. rather than at the town’s system in the street.
Asked when construction of the 102-unit structure will start, Karp said his team is working with a Virginia-based firm and likely would commence in the fourth quarter.
[This article has been updated with information from Karp regarding plans to start construction.]
Good for John Engel!
This decision is deeply disappointing. The Planning & Zoning Commission has a duty to protect not only the directly impacted neighbors but the community at large. This project threatens to permanently alter the character of our town. Continually allowing Karp to prevail despite overwhelming public opposition sets a damaging precedent. Rather than rewarding contentious behavior, our local boards should hold developers accountable to the community they impact. Furthermore, it is telling that an individual driving these changes no longer resides in New Canaan, having long since moved to Greenwich.
We are so very sad that or town Government did not fight this. They are more concerned with paid parking than preserving our beautiful town. This should have been resolved in a more optimal way for the town. I am living two blocks away and am devastated this is happening!
This makes me so incredibly sad!! It’s tragic!
An out of town developer who fled to Greenwich, is now responsible for creating an unsightly blight on the bucolic landscape of New Canaan .
There is no excuse for ruining the beauty of that property and surrounding area and erecting a revolting, generic development !
It will make me sick to see my childhood memories of the Richie home blindsided by greed and lack of any taste whatsoever.
I feel terrible for the neighbors and people of New Canaan…..
Great job by the board of selectmen for selling the town out. They should all step down.
Completely missing the point here Rich. 8-30g is a STATE law that completely overrides local zoning for height, density, and setbacks as long as 30% of the units are affordable (15% at 60% of median income, 15% at 80% of median income) with limited defenses of health and safety. New Canaan fought the development on the limited grounds permitted under the state law and lost in the Court in Hartford that hears ALL of these cases. A state review of such cases about 10 years ago has shown that over 80% of the cases are lost by the municipalities.
What to create real change? End the supermajority of Democratic State Legislators that refuse year after year to support real reforms or overturn this outlier policy in all of the U.S. They chair all committees, they decide what bills are raised, they write all the policies and they do not share the final bill language until a bill is called for a vote on the floor of the state house and senate. Absolute power corrupts absolutely.
The only other solution is for deep pockets to step up and offer to once and for all litigate this awful and ineffective policy all the way to the Supreme Court, if necessary. Any takers? Many must come together for this worthy cause to be undertaken.
But blaming the local BOS for this? Totally off the mark. It’s time everyone knows the truth.
The truth. Karp wanted to trade his 3 projects for the Lumberyard. The BOS refused to speak to him especially our selectman with a business and property across the street. Yes selling the public out for self interest. Yes Maria : “ It’s time everyone knows the truth”
To the extent this holds any truth, disclosure should happen without delay.
The town should take it to the Supreme Court along with every other town!
With this law we don’t really have a town.
Blaming the holdouts for refusing a nearly identical building at the end of this agonizing process seemed like an odd choice. The developer could have brought literally anything forward as a second real option, and he chose to bring a lazy refit of the same building, with the only real difference being the number and net worth of its occupants. It wasn’t an olive branch; it was an enrichment scheme.
As for predatory developers, the only answer is to stop taking their money. As nonprofits seeking donations or as homeowners looking to sell—just don’t. Legitimizing this man’s constant antagonism and ill will against this town and its citizens (myself included, as of late) is indefensible.
I support the ‘grotesque’ 102-unit with affordable housing but do not support the 62-unit without affordable housing. To the dissenters, you gave no solutions other than keep the ‘poor’ out.
By the way Avinash I was poor
And nobody kept me out.
I am for affordable housing just not there and not that big.
I sure nobody in this town wants
to keep poor people out. In fact
I bet most people in this town are generous and caring.
It not like we don’t have affordable housing we do check it out and we do have entry level housing.
So can you stop characterizing anybody
who disagrees with the placing of this
Project where nobody in Town wants it
as keeping the poor out. Thanks
.
Heartbreaking for our beautiful town.
Kendall — keep the faith
What did Yogi say ” it not over till it over”
Karp says he’s not starting till fall.
He also has to pay $120,000 + for a building
permit to start.
Their are certain people who must
Take action
They know who they are
They know what needs to be done
Note to New Canaan boaters this summer: channel the Tony Soprano method of a little serenading loud Dean Martin tunes near his West Way Old Greenwich hideout…
This thread is closed, thanks everyone.
It is, indeed, a sad day for New Canaan.
It’s important to keep in mind, at a time when our sensemaking is extremely challenged due to the abundance of information coming at us, that this buiding is the result of an ideology that comes from Hartford, and all large blue cities. These politicians not only believe that everyone deserves to live everywhere, regardless of work ethic, income, or bad luck, but that the only explanation for racial disparities is racism, that one is born gay or lesbian (gender is merely a social construct), CO2 is the control knob for temperature, etc.
If you want to live in a world where challenging problems are oversimplified with single-factor explanations, then by all means keep voting for the politicians who support these ideas, but don’t wonder how it is possible that ugly, 4-story buidings get built in historic areas.