By Thane Grauel

WESTPORT — The Planning and Zoning Commission has approved a change to zoning regulations that could allow an overhaul of an aged nursing home across Burr Road from Kings Highway Elementary School.

The white brick, two-story, two-winged facility was built in the 1960s, and has housed a succession of care facilities.

It has been a problem for neighbors for many years, including trash blowing about from unscreened dumpsters placed near neighboring property lines, and trucks and workers’ vehicles improperly parked in a shared driveway.

The original zoning approval, according to Planning and Zoning Department staff comments, did not allow for enforcement of many conditions that would be customary for developments in recent years.

P&Z commissioners, when discussing the text amendment during hearings over several months, appeared torn between not wanting to reward a landlord seemingly inattentive to neighbors’ concerns for many years, and finding a way forward that could bring a new look and new tenant to the building, with enforceable conditions attached.

Ultimately on Monday, they voted to move forward, with some dissent and reservations.

“I think the issues have been well-stated for a long time in terms of the issues that have surrounded this property,” said Rick Redniss of Redniss and Mead, the land-use consultant who was the applicant for the text amendment. “In terms of this application being part of the solution, going forward to solve all of these problems.”

“We’ve amended our text to ensure that any trash pickup cannot occur on the south side of our building, adjoining 9 Burr Road, and we’ve been on the record for months about taking over the responsibility of the shared right-of-way, and moving forward with any and all kinds of approval conditions that could be put on a special permit …”

The plan would have 68 patients in a memory care facility, down from the present 120 in the nursing home. That would mean fewer staff members and visitors.

P&Z member John Bolton had a few concerns. He said the property is a non-conforming use, “and this text amendment is really a way to get around the ZBA [Zoning Board of Appeals].”

“Just because this is sounding good, and it’s better than what we have now, it doesn’t mean we should jump at it,” Bolton said.

Commission member Paul Lebowitz said it appeared things were heading in the right direction.

“And that’s encouraging, because if anything, we want movement on this property and we want it to go in the right direction,” he said.

“I’m glad the conversation’s being furthered and that voices are being heard, concerns are being somewhat met,” said member Amie Tesler. “I just don’t understand why it had to take this long.”

Commission Chairwoman Danielle Dobin told Tesler she was echoing skepticism many members felt.

Member Jon Olefson, who at the last hearing sounded off on the landlord, said he was still torn.

“I don’t find it persuasive that a property owner allows their own property to be treated poorly, and says, ‘I can’t do anything about it,’ ” he said.

“My father gave me a car to drive when I was 17, and I treated it poorly,” Olefson said. “He took the damn thing away from me. This is a building, not a car.”

Dobin, Lebowitz, Olefson, Tesler, Michael Cammeyer and Mark Levy voted in favor of the text amendment. Bolton was against.

Thane Grauel, executive editor, grew up in Westport and has been a journalist in Fairfield County and beyond more than three decades. Reach him at editor@westportjournal.com. Learn more about us here.