Zoning panel rejects apartment plan

NORWALK — Zoning commissioners have shot down a plan to build 14 apartments at the former Bank of America site on Winfield Street, following an outpouring of opposition to the project from neighbors.

Every commissioner except Galen Wells who abstained from the final vote, voted to deny the application “without prejudice” at the end of Tuesday night’s public hearing.

Most commissioners agreed the plan for a four-building, multifamily development does not “fit” into the surrounding East Norwalk neighborhood, which is largely one- and two-family homes.

“(T)he proposed structures are set significantly higher than the surrounding, neighboring structures, contributing to loom and increasing the incompatibility with the neighborhood,” the resolution to deny the application read.

Three commissioners — Michael Witherspoon, Rod Johnson and Wells — originally voted to approve the application, but were overruled by the majority of the commission.

Wells argued the proposal was actually “a good-looking development.” She said the developer, as of right, could build 11 apartments with the same footprint as the development that was originally proposed.

“I think having three more units versus fewer units with more bedrooms and the same footprint — I don’t see that as a big stretch,” Wells said.

Attorney Adam Blank, who represents the project developer, implied in prior public hearings that the owner, Tom Bellete, could possibly build the same development with 11 units instead of 14, which would not require a special permit.

Chairman Louis Schulman said, however, he believed the developer was only using that possibility as a “threat” to try and shove through the current application.

“I don’t think we ought to respond to that,” Schulman said.

Blank did not respond to a request for comment Wednesday.

The denial appears to be a victory for a large contingent of East Norwalk residents who spoke out against the project.

Since filing for a special permit in July, the developer has come under fire from the East Norwalk Neighborhood Association and nearby residents. Like Thomas, most residents felt the 14-apartment development was out of character with its neighbors.

City planning and zoning officials agreed.

In a staff memo dated Nov. 18, Zoning Compliance Officer Michelle Andrzejewski wrote that, though the proposal does comply with zoning regulations, the project “lacks harmony within the neighborhood.”

“The inclusion of multifamily housing laid out in a linear, barracks fashion is not consistent with the neighborhood,” she wrote.

Yet it may be too soon for residents opposed to the development to celebrate.

Two key words in Tuesday’s resolution — “without prejudice” — mean a new application for a similar development could be resubmitted to the Zoning Commission without a 12-month waiting period.

“That gives them the opportunity to re-apply at a much sooner timeframe, provided they make changes in response to the concerns and issues that were raised by the commission,” Kleppin said.

If the commission had elected for a flat-out denial of the application, Kleppin said, then it wouldn’t have been “bound” to listen to application for at least another year.

One improvement to the application, suggested by both the city and residents, would be to add underground parking to the development. This, in turn, would allow the homes to be lowered, which city officials believe would solve issues of nonconformity with the area, as well as alleviate concerns of overflow parking.

Blank, however, has said in the past that underground parking would be costly and might create more problems than it solves.