Judge Upholds Greenwich P&Z’s Denial of Smilow Cancer Center

A State Supreme Court judge has ruled to uphold Greenwich Planning & Zoning Commission’s denial of Greenwich Hospital’s proposed 3-story Smilow Cancer Center to replace a row of houses on 8 parcels the bottom of Lake Ave between the two traffic circles.

The sticking point was the proposed zoning change from Residential Multi-Family (RMF) to Hospital Zone.

Greenwich Hospital visible beyond rotary at the intersection of William Street, Perryridge, Lafayette and Lake Avenue. May 12, 2021 Photo: Leslie Yager

After numerous public hearings in front of the Planning & Zoning Commission over a year and a half, in August 2021, the commission voted to deny the 54,865 sq ft Smilow Cancer Center. (For reference the Bendheim Cancer center is 21,000 sq ft.)

Residents testified in defense of the character of their neighborhood. They noted the hospital had acquired a row of private homes, and replacing them with a large building would compromise safety, negatively impact the residential character of the neighborhood, and worsen the existing traffic congestion.

Then, November 2022, the application returned to the commission and again the commission voted deny.

The commissioners acknowledged that the town’s Plan of Conservation and Development (POCD) guiding principles were in conflict, noting guiding principle #2 is to develop housing opportunities for the future, and guiding principle #6 references providing best quality health services.

Commissioner Peter Lowe said Greenwich had at least four comprehensive cancer center facilities within an hour’s drive, as well as several satellites of renowned major cancer hospitals less than 20 minutes away.

“I struggle with the need to sacrifice a residential neighborhood to offer enhanced cancer care given the availability of a variety of commercial sites both within Greenwich and nearby…” he said.

As for guiding principle #6, P&Z commission chair Margarita Alban said the applicant had stated their intent was to provide best quality cancer care services, but had not demonstrated how the proposed facility met the specific unmet needs of Greenwich, or why the facility could not be located elsewhere in Greenwich or another community.

In his ruling dated Dec 11, State Supreme Court Judge Robert L. Genuario noted that while the plaintiffs were critical of the commission’s reliance on the POCD, the commission was “not only entitled to consider the POCD as an advisory tool, but was obligated to state on the record how its decision was consistent with the plan.”

He noted the POCD recognized both the importance of residential neighborhoods and health care facilities, but that it was the plaintiff’s burden to persuade the commission the zoning change would be more desirable than the current zoning.

“The plaintiffs simply failed to persuade the Commission in that regard,” he wrote, adding that, “There was ample evidence of the burden such a facility would place on the surrounding residential neighborhoods, and there was ample evidence of the loss of current residential uses and potential future uses on the subject lots.”

Sacrificing a Residential Multi-Family RMF Zone

Judge Genuario wrote that the P&Z commission was entitled to consider the loss of more than two acres of properties zoned for multi-family dwellings and the limited number of these zones in town.

“Its decision to deny the application, was neither illegal, arbitrary or an abusive discretion,” he said.

Finally he wrote, “The court does not find that the processes engaged by the commission are in any way a violation of fundamental fairness or Connecticut law.”

Greenwich Free Press -

Judge Upholds Greenwich P&Z’s Denial of Smilow Cancer Center

By: greenwichfreepress | December 29, 2023