By Thane Grauel

WESTPORT — The Planning and Zoning Commission on Monday approved an application for a playground, gathering courtyard, walkway and associated site improvements at 24 Ludlow Road filed by Landtech on behalf of Beit Chaverim Synagogue of Westport/Norwalk.

The approval appears the last needed in a 20-year effort to finally house the congregation in a new synagogue.

But it turns out the playground that many letter-writers had praised to the P&Z will not be open to the neighborhood at large. And commission members were concerned about how groundwork — commenced before required approvals — is affecting a neighbor’s property.

Louis Mall, a Representative Town Meeting member who lives next to 24 Ludlow, told the commission in a letter and online Monday, flooding had not been a problem before, but is now.

Landtech filed its application July 7, but work began before approvals were granted.

That led to a bureaucratic slap on the wrist, a roughly doubling of the application fee, under the Planning and Zoning Department’s disincentive program.

“In every recent storm, the runoff has been flowing into my property toward the lowest point in my yard,” Mall wrote. “I will be dealing with runoff from my driveway as well as from the neighbor. For the record, I have had no flooding to this point.”

And, Mall added about the playground, “I have NO concerns with children playing and having fun.”

Monday, assurances were asked for on the record, and granted, from Landtech’s Curt Lowenstein.

“Mr. Lowenstein has been very cordial and willing to work together on this and I just wanted to make sure that this was part of the record,” Mall said, “and that if there wasn’t a remediation that I was satisfied with that I could come back at a later date and say, ‘Hey, you’ve gotta do something and fix this.’ ”

It appeared more of a spit-in-your-palm-and-shake deal than legally binding agreement. Time will tell.

Another wrinkle in the application was Lowenstein’s statement during his presentation that the playground was intended only for synagogue members.

Several letters submitted to the commission were from people saying a playground open to those in the neighborhood was a welcome addition to the community.

Chairwoman Danielle Dobin sought clarity on that point.

“Will people who live in the general area who can walk to the playground have access to the playground … or is this playground going to be fenced off and only available to people who are members of the synagogue?” Dobin asked. “The letters seemed to suggest something different.”

“This is intended to be a private use,” Lowenstein replied.

“If it were to ever change in the future, I would advise my client to come back to speak with staff,” he said. “But as we’re sitting here now, this playground, although I do understand the neighborhood excitement for it, certainly if I had a small child in the neighborhood, I would be excited about the possibility of a playground, but it is a private playground intended for the members of the synagogue.”

“The property is fenced, and there will be a gate on the entrance drive once this project is completed,” Lowenstein said.

The commission’s vote was unanimous.

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 35 years. Reach him at editor@westportjournal.com. Learn more about us here.