The last time the application for an 8-30g at 237 Pemberwick Road went before the Planning & Zoning commission there was minimal neighbor comment.
This week was different.
There were 77 people on Zoom and numerous residents of Glenville and Pemberwick testified against the proposal, which is for 10 units in three 2-1/2 story buildings.
Under the state affordable housing statute 8-30g, which exempts developers from local zoning in all but rare instances of health and safety, this 10-unit development would deem 2 units affordable for 40 years.
Today the property features a single family house dating to 1880.
The lot is 1/3 of an acre at the top of a steep hill in the R7 zone.
In August Greenwich’s affordable housing trust fund board approved a $50,000 loan.
The owner is Joseph A Pecora. He was represented by land use attorney Chris Smith.
P&Z commission chair Margarita Alban explained to the large audience that in the 30 years since the 8-30g statute was approved, with a few exceptions, the only issues that have stood up in court to uphold a town’s denial and meet the high bar of “life and safety,” have been environmental or sewer issues.
“It has to be a safety issue. If it’s traffic, it literally has to be a documented life hazard and the burden of proof is on the municipality,” she said.
As for storm runoff and concerns about flooding, attorney Smith said runoff from storm events would be captured, treated and infiltrated.
Still neighbors were not convinced. They had concerns that removing ledge would damage foundations and impact natural water flows.
They noted catastrophic flooding has occurred in the area, which is very delicate ecologically.
As for traffic, the applicant said there would be a “de minimis increase” in of four to five traffic trips during peak periods, and about 67 trips generated a day.
The site is served by public water and sewer, and Smith said there was more than adequate capacity , though there is an issue with Aquarion concerning whether there is adequate water pressure for the proposed sprinkler system required by code.
They said when they return at the next meeting they hoped to have that issue settled.
Civil Engineer Tony D’Andrea said 2500 cubic yards of material would be removed in order get to the ledge rock and remove it.
“As a result of that removal and the proposed grading we have developed, this property will actually be lower than all the surrounding property,” D’Andrea said. “By doing that we’re able to contain all the runoff within the property and manage it in accordance with the town drainage manual.”
D’Andrea said a drainage system had been designed to reduce the peak rate and volume of all storms up to the 100-year event.
The proposal is for one entrance/exit to the property and 14 parking spots plus one handicapped spot for residents of the 10 units.
They plan to relocate a portion of the existing retaining wall, which is not on their property, move it onto their property, which would maximize sight lines.
Neighbor comments included requests for trees and screening.
Although under 8-30g they are not required to follow the town’s landscaping regulations, Mr. Pecora said he would work with the town tree warden.
Commissioner Peter Levy asked if it was possible to “be creative” an incorporate the existing house into the proposal.
“Commissioner Levy, with all due respect, the ability to make this project work is to keep your costs down and not re-engineer and re-architect everything on every project – that’s the reason we’re using the same buildings (as Pecora’s other 8-30g projects in Greenwich),” he said. “It’s going to be more enhanced with landscaping than 4 Orchard, 303 Hamilton and 180 Hamilton – all of which we got kudos from your commission.”
“These buildings are already architecturally paid for, three times over,” he added. “The more efficient you get, the more you can make them work. This is an expensive site-work job. You have to make up for that somehow.”
“To keep the existing house doesn’t work,” Pecora said. “To put all the houses in front and parking in the back – to comply with parking even though you don’t have to because it’s an 8-30g – would eliminate between two to four units, which does not make it a viable project.”
“These projects are very hard to make work which is why we are the only ones probably doing them. If they were easy, everyone would be doing them.”
“No project with any 8-30g element is going to have a positive public perspective,” Pecora said.
Ms Alban agreed that the identical design had been used three times already.
“At some point, variations would be a plus. We don’t want a cookie cutter throughout town,” she added.
The design of Mr. Pecora’s proposed buildings at 237 Pemberwick Rd would be identical to those of three other 8-30g developments.
There was a lengthy discussion about a proposed “preferential treatment” for tenants who are senior or disabled.
“Are you sure you are legally okay to give that preference?” Ms Alban asked.
She requested that Pecora’s attorney Mr. Smith respond.
Mr. Smith said he was not comfortable responding, but would be in the continued hearing at a future meeting.
Ms Alban said that when the commission proposed to allow Accessory Dwelling Units (ADUs) prioritizing seniors, attorney Nick Abbott, who then deputy director of DeSegregate CT, argued that a preference for seniors on below market market housing did not meet the standards of the Fair Housing Act.
“We’re talking about compliance with the Fair Housing Act and whether having preferential treatment in this manner is compliant,” Alban said.
“We want to know that what we’re doing is legal,” she added.
In discussion with the traffic consultant John Canning, Ms Alban said neighbors were concerned about crashes.
Canning said that based on the Institute of Transportation Engineers (ITE) manual, the development was projected to generate 67 daily trips, which breaks down to 6.7 trips per unit.
Canning said he would get accident data from the town.
Numerous neighbors submitted letters opposing the development, citing concerns about flooding, blasting, traffic, and parking – specifically many wondered where would guests, service people and delivery trucks park?
They also submitted a petition against the project signed by dozens of residents.
237 Pemberwick Rd features a house from 1880 on 1/3 of an acres.
Adele Rota said while the applicant’s data on trip generation was based on national averages, she wanted to know how many people lived in the other 8-3ogs Pecora has built.
“I find it hard to believe that those units will be occupied by one person,” she said. “I think that has a clear impact on the amount of traffic.”
“We are in a heavily populated area considered a suburb of New York City,” she said. “I hope that book (ITE) takes some consideration for that. When you talk about a national average, (Greenwich) is not like Peoria.”
Debra Botticelli who lives across the street from the proposed development, said current traffic on Pemberwick Rd moves at speeds up to 50 or 60 MPH.
“We have a difference in terms of Orchard Street or Hamilton Avenue. We’re not near schools,” she said. “I look across the street and see people try to come in and out of their driveways, go through the sidewalk to make sure you’re not hitting kids on scooters or bikes – it’s a raceway and there’s no stopping traffic.”
Patricia Adams said removing 20+ trees would exacerbate the neighborhood’s increasing heat sink problem that was identified the POCD.
“Trees are essential to reducing the downhill flooding,” she said.
She also asked if the storm water runoff would empty into the Byram River or go to the waste water treatment plant.
She suggested the town’s emergency management director, Joseph Laucella review the plans with flooding in mind, and review the safe entry and exit.
She said there was a history of sink holes at the bottom of Deep Gorge, near Arch in Bloom and 200 Pemberwick near the dam.
Eileen Zawatski was also concerned parking was inadequate for guests, service workers and delivery trucks.
“In that neighborhood there is no street parking. There are no public parking lots anywhere near there, and unlike some of Mr. Pecora’s other projects, there is no public transportation close by.”
Ms Alban said the project already provided more parking than state law would require. She said state law only requires multi family housing to provide one parking space for a one bedroom apartment.
There were also concerns that overflow parking would impact Concord Street which is very narrow.
Another concern was about people making left turns out of the development.
Ms Alban agreed that speeding vehicles were a problem in Greenwich as well as nationwide.
There was one letter in support of the development.
Anika Singh Lemar, a Clinical Professor at Yale Law School, who has studied and written about affordable housing and land use planning laws submitted a written comment:
“Greenwich needs housing, both market rate and affordable, in order to address the town’s affordability crisis. All 10 units here will help address that crisis,” Singh Lemar said.
“Despite what naysayers might say, living in compact apartments is immensely better for the environment than occupying three acres of land and thousands of square feet of pavement, driving miles and miles to get to groceries and work, and heating/cooling a 4,000 sq ft house occupied by a family of two or four.”
After public comment attorney Smith said before the next meeting the applicant would address the fire safety issue with Aquarion, obtain sign off from DPW on drainage, obtain data on the number of tenants in Mr. Pecora’s similar 8-30g developments, and obtain accident data in the vicinity from the police.
House proposed to be demolished at 237 Pemberwick Road in Greenwich to make way for “Pemberwick Hills,” a 10-unit development.
See also:
P&Z Watch: “Pemberwick Hills” 8-30g Requires Substantial Removal of Ledge Rock
Nov 5, 2023