By Kerri Williams

WESTPORT – In a public hearing that got contentious, the Planning & Zoning Commission did not decide on Monday whether to approve a proposal for a four-lot subdivision on Old Road. The commission had already continued the hearing from a September meeting.

Andy Soumelidis, a partner in LandTech Consultants, told commissioners that he felt the proposal for the open space subdivision on 6.1 acres of land at 107 Old Road “checked all the boxes” and should therefore be approved.

But several neighbors who spoke out against the proposal and at least two members of the commission questioned whether the project should go ahead. Commissioners had toured the property earlier in the day.

Permeable pavers

The proposal calls for keeping two acres of open space on the property owned by George Tsionis and for building a private road out of permeable pavers, which would be raised up with a pre-cast retaining wall on either side in order not to disturb wetlands on the site.

Some neighbors questioned whether the permeable surface, which has not been used on other roadways in town, would be difficult to maintain.

“I know these are very new,” said Colin Felleman, of 4 Forest Drive. “It’s a big reason we are still talking about this.”

But Soumelidis said that porous asphalt has become an industry standard and is used all the time in other Connecticut towns like Greenwich. 

“It’s not a scary thing,” he said. “…It has to be maintained just like any storm water infrastructure.”

Engineers have approved 

He added that Westport town engineers had approved the plan, which was also passed by the Conservation Commission and Flood and Erosion Control Board during the summer.

But neighbor Adam Glazer, of Old Road, said he did not feel that the two boards gave a fair hearing, saying that the proposal was not brought up until after midnight and was “sandwiched between Saugatuck and Long Lots.”  He reiterated concerns about heavy rain on the new roadway that could flood neighboring properties.

Another neighbor’s concern that trucks and other heavy equipment would enter onto their properties during the construction process was also countered by Soumelidis.

“We don’t need to go on their properties,” he said. “This is a simple, easy construction, and we have 3 acres to stage.”

Above and beyond

Soumelidis said that the property owner has gone above and beyond what is necessary by agreeing to add plantings that would screen the neighbors’ view of the retaining wall and to paint the wall so it will blend in with the environment. “We are working with the neighbors,” he said. “It’s not a requirement.”

At the end of the meeting, Commissioner John Bolton and Eric Bernheim, a land-use attorney representing the applicant, argued about how much discretion the commission has when deciding on an open space subdivision.

“Outright lie”

Bolton said it’s “just an outright lie” that the commission must approve the subdivision because it “checks all the boxes,” citing a court case that upholds his opinion.

But Bernheim said such a case “doesn’t exist.”

Board member Amy Wistreich called for the “inappropriate back and forth” to end, making a motion to continue the hearing for two weeks to Oct. 20.

Disagreement on open space subdivisions

Commissioner Patrizia Zucaro said she does not think open space subdivisions should be allowed on properties with wetlands since that space already cannot be built on. She added that she felt that the application did not meet any of the purposes required for an open space subdivision in the town’s zoning regulations.

Earlier in the meeting, Planning & Zoning Director Michelle Perillie said that 57 percent of the open space on the property is wetlands, which is in line with other open space subdivisions that have been approved by the commission. She also read the purpose of open space subdivisions from the zoning regulations, which includes avoiding excessive damage from storm water runoff and stream flooding, providing land for recreational purposes, permitting the best design for a parcel of land, and preserving open space.

Recent Westport Journal coverage of the P&Z Commission

• P&Z postpones decisions on contentious applications
• P&Z meeting notice may violate FOI law
• The Clubhouse tacks on playing time
• P&Z denies Hamlet; lawsuit anticipated

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.}}