P&Z Watch: Potentially High Bedroom Count Raises Life-Safety Concerns in Byram Residential Proposal

The Greenwich Planning & Zoning Commission on Tuesday reviewed and closed applications for Final Coastal Site Plan and Special Permit to construct two 2-family dwellings at 185 and 195 South Water Street in Byram.

Both are in the R6 zone and in the Coastal Overlay Zone.

Due to the proposed shared driveway, parking area, and easements proposed, the Commission considered the two applications together.

Though the commission closed the applications, they did not take a vote due to what they described as life-safety concerns based on a “potentially high bedroom count.”

The proposed total number of bedrooms is 22 in four units – that is 6 bedrooms per unit in the two units at 195 South Water Street and 5 bedrooms in each of the two units at 185 South Water St – but P&Z commission chair Margarita Alban said the bedroom count might potentially rise to 24, given rooms labeled on the plans as playroom or office had closets, access to bathrooms and egress windows.

The properties directly abut two-family or multi-family homes, and across the street there is a commercial property.

The property closer to the street is approximately 90 feet from the Byram River, intertidal flats and tidal wetlands.

In the front, 195 South Water Street currently is improved with a two-story single family dwelling with three parking spaces and a shed. The dwelling and shed are substantially legally non-conforming with respect to setbacks as well.

Today, 185 South Water Street (rear) has a two-story 2,190 sq ft single-family dwelling with 3 parking spaces and detached 2-car garage. The existing dwelling and garage are legally non-conforming with respect to rear and side yard setbacks.

195 South Water Street from Jan Ivarsson and Torsken LLC to Chris Bunici on Dec 6, 2022 for $600,000

185 South Water Street from Torsken LLC to Chris Bunici on Dec 6, 2022 for $600,000

185 South Water Street (rear): The proposed 14,732 sq ft, two-family dwelling would include six bedrooms per unit with 4 indoor garage spaces and 2 outdoor spaces.

195 South Water Street (front), proposed to be 7648 sq ft, would have five bedrooms per unit, and 6 indoor spaces and 0 indoor.

Casey O’Donnell, representing the applicants, said the proposed developments met all regulations and would eliminate all existing legal non-conformities.

He said there was a comprehensive planting plan to include 19 deciduous trees,63 coniferous trees, 130 bushes and over 100 pollinator plantings.

The developments would include four Level 2 charging stations.

Mr. O’Donnell acknowledged comments from the previous day’s staff briefing about the high bedroom count concern that extra rooms labeled playroom or office might be rented to boarders and used as additional bedrooms.

Town building regulations allow, “The keeping of not more than 2 roomers or boarders by a resident family only in a detached single-family dwelling, exclusive of employees on the premises.” 

Ms Alban said she wanted the plans to be reviewed by the fire marshal, “Given the number of people who could live on this site, (to) have a final for fire safety, I’m sure the fire marshal is very aware of how we label things, but I’d also want to make sure he can tell…that it is very clearly labeled for what could potentially end up as a sleeping room.”

“You have egress windows in rooms that have closets and access to bathrooms and they are labeled office and whatever – make that very clear so the fire marshal can look at that for adequate fire protection and safety.”

P&Z director Patrick LaRow said the fire marshal does not review two-family houses, but Ms Alban said given the number of bedrooms proposed, she wanted the fire marshal to advise the commission that there is satisfactory protection.

“Because the occupancy could be fairly high,” Alban said.

During discussion about the driveway width and turning radius, Ms Alban said she’d also like the fire department to confirm that was acceptable.

“I would like to have that signed off,” Alban said.

While commissioner Mary Jenkins commended the applicant on how the proposed development offered diversity in housing stock by supplying a higher bedroom count, she agreed with Ms Alban’s concerns.

“I am very concerned about this, particularly given the fact that we have what could qualify as a bedroom in basement areas, with a window – and on the third floor,” Ms Jenkins said.

“There’s a theoretical egress under certain circumstances…the safety issue really troubles me,” she added. “Whatever the fire marshal can do with respect to making sure this is a safe development, I would really appreciate. It makes me uncomfortable.”

“I want someone to say the people are safe,” Alban said.

Mr. O’Donnell said the applicable standards were the zoning regulations and the building code.

“We know that what’s proposed here is in excess of the minimum required for safety,” he said, adding the owners planned to include a central alarm system, thought not a sprinkler system.

“I like the idea of some sort of additional protection,” Ms Jenkins said. “One of my concerns always is that regulations and building code can’t cover everything.”

The commission closed the application but did not vote, deciding instead to wait for the fire marshal’s feedback.  

 

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