By Thane Grauel

WESTPORT — A developer pondering a 30-unit apartment complex adjacent to the Metro-North Railroad tracks in Greens Farms received input from town zoners Monday, including the parcel’s ability to handle a septic system.

Stephen Shapiro had a pre-application discussion with the Planning and Zoning Commission. A pre-application meeting allows a developer to get non-binding feedback from the commission about a project before an application is formally filed.

The reception for the proposal off Maple Lane appeared mixed, perhaps not surprising considering the application might be filed using the state’s 8-30g affordable housing legislation, which allows such plans to largely bypass local authority.

Some commission members were doubtful a septic system on 1.8 acres could handle 30 apartments so close to wetlands within a flood plain.

Others liked the location and look of the building, and the walkable proximity to a train station.

The 8-30g affordable housing law gives developers considerable leeway from local regulations in communities where less than 10 percent of the housing stock is deemed “affordable” under the state’s criteria.

Westport’s state-granted three-year moratorium from the law expires the first week of March, and several 8-30g applications are expected.

Shapiro shared a rendering of the plan, which had garage bays 13.5 feet above mean sea level because it’s within the 100-year flood plain, and three residential floors above. He said there would be 10 units on each level. The building would be a mix of affordable and luxury units.

Shapiro said the project would be outside the wetlands portion of the parcel, and could include, if the town was open to it, a walking trail to the neighboring Greens Farms station, or a paved driveway to connect to the station.

“I’d be willing to provide additional parking for town residents that don’t live at the particular site,” Shapiro said. “Walking trails with benches … or bike racks for residents to utilize.”

P&Z Director Mary Young discussed a staff report, which, she said, “pointed out some challenges for this property from a development perspective.”

She said the parcel is outside the town’s boundaries where tie-ins to the sanitary sewer system are possible.

That means the development would need an in-ground septic system.

“His challenges would also include getting approvals from whatever jurisdictional authorities would have approval for a community septic system or something else,” Young said.

Commission member Paul Lebowitz agreed the site has challenges.

“While the 8-30g rules might allow the applicant to sidestep some usual rules and regulations that we have on the books, one of the things it won’t allow them to do is sidestep health and safety,” he said.

He was doubtful such a development would be allowable near wetlands.

“And this commissioner is rather skeptical as to whether or not you can do 30 units and have an adequate septic piece on that property,” Lebowitz said.

Member Michael Cammeyer liked the idea of a trail to the train station.

“I like the concept of being able to walk over to the train if you live there,” he said.

Member Amie Tesler said it seemed like a lot for that neighborhood.

Member Patrizia Zucaro said she shared concerns about the wetlands and how it’s going to be built.

“I actually like the look of the building, I like the location, I think it would be good there,” she said.

“I like the walk to the train station,” she said.

She suggested the plan include 1.5 parking spaces per unit, rather than just one.

Member Jon Olefson also said the wetlands and septic appeared problematic, but that he had no aversion to the idea.

“I actually don’t think it’s an altogether horrendous location in the sense of, if people were able to walk to the train from there it’s kind of convenient,” he said.  

Commission Chairwoman Danielle Dobin began her thoughts by telling members of the public, who could not speak during the workshop session, about the 8-30g legislation.

She said it “is a law that allows applicants to bypass entirely our Westport zoning regulations if the project they’re proposing contains at least 30 percent of the units as deed-restricted as affordable for 40 years on-site.”

“Applicants can seek far more density, in this case, for example, Mr. Shapiro is requesting 30 units versus the single-family home that would generally be permitted in this zone,” Dobin said. “Setbacks, height, parking, etc., really becomes fluid to a certain extent.”

She told Shapiro she understood what he was trying to accomplish with a site close to a railroad station, but said the environmental issues “really constrain what you can do here.”

She called a 30-unit septic system a “tall order” and suggested Shapiro come back with a proposal for a triplex, or a small cottage cluster.

“Something that’s better fit for the as-built aesthetics for the neighborhood,” she said.

“That seems like it would be an easier lift … coming to this commission with something that makes more sense for the neighborhood, makes more sense for the neighbors, it can save a lot of time, it can save a lot of money for applicants.”

Shapiro said he plans to get questions about the project answered.

“I’m not going to come back on this without all that data done,” he said. “I need to dig holes. If the soil over there doesn’t support the septic for it, I know the application’s going to be denied.”

“I’m not looking to put in anything that’s out of character for the general lower Fairfield County train areas,” he said, noting that he grew up in Fairfield and lives in Easton. “You see what Southport has now by its train station — pretty much every train station has something by it on the whole line — except for Greens Farms.”

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.