This week Byram resident, Al Shehadi, exercised his right as a Greenwich property owner to appeal the Municipal Improvement for Vinci Gardens Senior Housing to the Representative Town Meeting.
There is no RTM meeting in November, so the earliest the item might appear on an RTM agenda is in December.
Vinci Gardens has been the subject of headlines throughout the approval process as the application went before both the ZBA and the P&Z commission multiple times.
“The housing authority has created a huge political problem for the town. It started with not listening to the local community. There was no outreach before they did any planning. There was no outreach after we made our comments. There has been no outreach at all.”
– Al Shehadi, Byram resident
The 52-unit, all one-bedroom, senior and handicapped apartment building was approved by the P&Z commission on Sept 8, but the housing authority balked at its conditions, including that a mansard roof be replaced with a hip or gable roof, which they claim would result in the reduction of 17 units.
There were two separate approvals: one for the MI and a second for the site plan and special permit.
Another condition was to replace vinyl siding with brick veneer to be more compatible with adjacent housing and the former Byram School, which is on the National Historic Register.
Last week the housing authority, recently rebranded “Greenwich Communities,” initiated legal action against P&Z.
According to the complaint, the conditions of the P&Z approval were: “illegal, arbitrary, capricious, unconstitutional, discriminatory to the elderly, disabled, poor and minorities, and not in accordance with the authority vested in it, such conditions completely destroying the viability of the project by requiring changes that cause the loss of 17 of the proposed affordable units, which is almost a 1/3 reduction.”
Further the complaint says that the conditions were not based on factors contained in the regulations, did not protect substantial interests in health or safety, and did not outweigh the need for assisted or affordable housing in town.
Enter Mr. Shehadi.
The longtime Byram resident also serves as Land Use committee chair for the Byram Neighborhood Association.
“I am requesting the referral of the Vinci Gardens Senior Housing MI to the RTM in my capacity as an individual property owner in the Town of Greenwich and on behalf of the Byram Neighborhood Association (BNA) in my capacity as Chair of the BNA Land Use Committee,” Mr. Shehadi wrote in his letter to the town clerk dated Oct 6, 2022. He also sent copies to the First Selectman and P&Z.
Article 9, Section 100 of the Town Charter, Planning & Zoning: Section 99 (4) on Municipal Improvements refers to the location of public housing projects.
Section 100 (b) of the Town Charter spells out Shehadi’s right to an appeal.
“In the event of the approval or disapproval or deferment by the Commission of any such proposal, the Commission shall cause a notice of such action to be published in a newspaper having a general circulation in the Town and the Town Agency, the Board of Education or the Housing Authority having original jurisdiction of the matter, or any person owning property within the Town, may, within thirty (30) days from the date of publication of such notice by the Commission, refer such proposal to the Representative Town Meeting. The Representative Town Meeting shall have power to approve such proposal or to reject it.” (bold added)
Reached by phone on Thursday, Shehadi explained why he made his move to appeal the 50,000+ sq ft senior affordable housing building.
“It’s a cop out. I’m sick and tired of these NIMBYs, saying we’re for affordable housing, but not this one. You can’t see it from anywhere other than driving onto it. It doesn’t hurt the character of any neighborhood.”
– Sam Romeo, chair of the board of Greenwich Communities
“The number one goal in the POCD is preserving community character,” he said, adding that that went contrary to allowing the housing authority to build what would be the tallest and largest residential building in Byram – the two buildings that are bigger than it are Western Middle School and New Lebanon School.
In fact, he said, “There’s no residential building that big anywhere in Byram.”
Also, he said, “In the POCD, there is an entire section under protecting community character that says historic preservation is a key component of community character.”
“To have (Vinci Gardens) located within feet of one of the few buildings on the national Historic Register in Byram is not consistent with the POCD and does not respect the historic character.”
Shehadi said that over the course of several meetings, his point of view had been made clear and that he didn’t oppose affordable housing.
“We’re not saying don’t build affordable housing at all. We’re saying build something consistent with the site and the character of the community around it.”
“The housing authority has created a huge political problem for the town,” Shehadi said. “It started with not listening to the local community. There was no outreach before they did any planning. There was no outreach after we made our comments. There has been no outreach at all.”
“They really didn’t work with P&Z. Their attitude was this chin out, take it or leave it, approve it or leave it, we’re not making any changes,” Shehadi said. “Now, filing the 8-30g appeal – this is not how an agency, that’s a part of town government should be operating. It’s a pattern of statements and actions that are unworthy of a public agency in the town of Greenwich.”
Reached by phone, Sam Romeo, chair of the board for the housing authority said, “Lots of luck. The last time the RTM took an appeal it went down in flames,” he said, referring to the MI for Armstrong Court.
“The RTM just approved the Housing Authority Trust Fund overwhelmingly, and they take an action against affordable housing? The state of Connecticut will have a ball with this on making their case and why 8-30g is needed in municipalities.”
Mr. Romeo, who was on the RTM for 20 years, chaired district 12 for 18 years, and chaired the land use committee for 15 years, characterized Shehadi’s opposition as Not In My Back Yard, “NIMBY.”
“It’s self interest and not in the interest of the town of Greenwich,” he added. “It’s just another delay that will cost us money. This is a NIMBY issue, no body is going to tell me any different. It’s just going to cost us more money and time, and the people who need affordable housing in town will be the losers.
Further he said he was certain Mr. Shehadi’s effort did not represent all the 300 members of the Byram Neighborhood Association.
“This development will help 52 people. He’s not bigger than that. I have no doubts this will pass muster in the RTM.
Romeo said the message to the 52 seniors who will be disappointed by the delay in advancing Vinci Gardens was, “Merry Christmas, from Shehadi.”
“It’s mean spirited and not serving the district,” Romeo said. “It’s a cop out. I’m sick and tired of these NIMBYs, saying we’re for affordable housing, but not this one. You can’t see it from anywhere other than driving onto it. It doesn’t hurt the character of any neighborhood.”
lastly, Romeo said if the project doesn’t proceed with all 52 units, it won’t be economically possible.
However, he said, “I could put a 7 story building there under 8-30g.”
See also:
Housing Authority Is Suing Greenwich P&Z over Conditions of Approval for Vinci Gardens Oct 2, 2022
Greenwich Communities Unhappy with Conditions of P&Z Approval for Vinci Gardens Sept 13, 2022
Greenwich Housing Authority Frustrated over High Cost of P&Z Process for Vinci Gardens
August 6, 2022
Proposed “Vinci Gardens” Criticized for Height, Mass, Tree Loss, Lack of Respect for Historic Byram School June 10, 2022
P&Z WATCH: Tough Questions Posed for Greenwich Housing Authority’s 52-Unit “Vinci Gardens” Sept 29, 2021
P&Z Watch: Pre-Application Submitted for “Vinci Gardens,” 52 Elderly Apartments in 4 Story, 50,000 sq ft Building in Byram August 6, 2021