By Kerri Williams

WESTPORT – Following a deliberation into the wee hours of the morning, the Planning & Zoning Commission on Tuesday came close to voting on a motion to approve a text amendment that would allow for offsite affordable housing in town and broaden the definition of a special needs individual for housing purposes.

Chairman Paul Lebowitz made the motion to approve Text Amendment 864, pushing for a Monday vote. But a majority of commissioners wanted to see some last-minute text changes written out by town staff before making their decisions.

“I would like to not do this at 1 a.m.,” said alternate member Michael Valente, who earlier said he has reservations about the amendment.

 “You have heard several of us who have said we are not in a position to do it yet,” Valante said, adding that a couple of members seemed to want to “push through” a vote anyway. Both Lebowitz and member Michael Cammeyer intimated they might be willing to vote on Monday while still tweaking last-minute changes.

The amendment, which was brought forth by Richard Redniss, of Redniss and Mead land use consultants in Stamford, has been under consideration for many months. The amendment is tied to The Gables, a development at 785 Post Road East, which was originally approved for three affordable units. Redniss put forth an alternate plan to create one townhouse on the site as affordable housing but then create five units for special needs residents in a house at 3 George Street.

The specifics of The Gables were not addressed on Monday, as members decided to focus first on the broader text amendment. Some members of the public had initially come out against the idea of opening up offsite affordable housing to developments in the Inclusionary Housing Overlay District (IHZ), saying the developers should have to follow through with their original agreement to create the housing on site.

Reiterating their concerns Monday about offsite affordable were members Valante, in addition to John Bolton and Michael Calise. Valante called the text amendment a “slippery slope,” saying the town could open itself up to lawsuits if they denied an offsite affordable proposal even though the new amendment states that the decision is at the “sole discretion” of the commission. He and Calise added that they feel that builders should honor commitments made to provide affordable units onsite.

Commissioners also grappled with a portion of the proposed text amendment that changes the definition of a special needs individual, using the broader federal definition rather than the stricter state one. Lebowitz said the change is necessary because higher-needs individuals require a higher cost of care, and agencies need to bring in a mix of individuals to make the units financially viable.

“They are not looking to make a profit,” Lebowitz said. “They are looking to keep it running.”

Lebowitz suggested adding language to the text amendment saying that 50 percent of those who are serviced must meet the state criteria for special needs. But several members questioned that percentage and how he arrived at the number. Lebowitz suggested the number could be used as a “place holder” and then tweaked if need be.

Lebowitz also stated that special needs housing is very hard to build in a typical development, such as The Gables, because the needs of the individuals living there are different. One example would be that most units in special needs housing are smaller and include a kitchenette rather than a full kitchen. He said the new text amendment could help the town service many more people with special needs in terms of housing.

“I think it’s a very Westport thing to do,” he said.

But John Bolton weighed in that he still has reservations about broadening the special needs definition, saying it could crowd out people who are already on the waiting list for special needs housing. “I don’t know what else to say to get across that this is a bad idea,” Bolton said to open his statement. He reiterated concerns that changing the definition might “hurt the ones who need it the most” although he later said he was willing to take a second look at the new language before making a final decision.

Commissioners also grappled with the idea of a fee-in-lieu option for developers included in the text amendment. While members agreed the fee should be enough to cover an actual development, they were not sure what the wording should be in the text amendment. Members agreed to take out the fee-in-lieu for now until examining it further in a subcommittee, reserving the right to add it back in later.

Members Craig Schiavone and Breanne Injeski said they agreed with much of what Lebowitz said at the meeting, but both said they would prefer to hold off voting until getting a look at the final reworded amendment. The amendment is expected to be back on the P&Z agenda on April 6.

Kerri Williams

^{_{Kerri Williams is an award-winning writer and journalist. She has worked as a reporter at the Norwalk Hour, as Living editor at the Darien News-Review, and managing editor for the Norwalk Citizen-News. For Westport Journal, she is a reporter as well as a gardening columnist, writing “Cultivating with Kerri.” She recently published her first children’s book – “Mabel’s Big Move,” based on her daughter with special needs.}}