By Kerri Williams

WESTPORT – The Planning & Zoning Commission on Monday approved two applications that have received pushback from neighbors in recent meetings in a split vote that fell on party lines.

In 4-2 votes, commissioners approved 

• a four-lot open space subdivision at 107 Old Road that includes installing a new private roadway, and
• an “oops” application at 6 Mayfair Lane where a non-exempt patio had been installed on the property. 

Democrats Breanne Injeski, Chairman Paul Lebowitz, Michael Cammeyer and Craig Schiavone voted in favor of both applications, while Republicans John Bolton and Michael Calise voted no. Patrizia Zucaro, another Republican on the commission, was not at the meeting.

Before the votes, Commissioner John Bolton spent several minutes explaining why he was voting no on both applications, in addition to another conventional subdivision proposed at 1 Sturges Highway. Bolton said he sympathizes with neighbors in applications that could potentially lead to flooding in the area.

“There is a running theme here,” Bolton said, addressing concerns of neighbors about water on their properties. “They are all interconnected.” Bolton said that the increasing amount of rain falling in Westport is “not theoretical” and can be seen “driveway by driveway and basement by basement.” 

Bolton averred that rainfall has doubled in Connecticut since the 1950s. According to the U.S. Environmental Protection Agency, the amount of rain falling in Westport has not doubled in that time, but the number of days with five inches or more of rain has more than doubled since then. 

“I support property rights,” Bolton said. “I also support the neighbor. We need to have a balance.” He added that he feels that the commission is using “outdated standards” when measuring the impact of water flowing through neighborhoods.

107 Old Road

Several neighbors of the 107 Old Road application came out for the third time to cite their concerns about that project. One of the issues was whether a bridge proposed for the private road meets the definition of a “structure” and thus is subject to setback regulations. Several neighbors said the bridge should be considered a structure, while some town officials said it is part of the road and therefore should not.

Assistant Town Attorney Peter Gelderman, states In a two-page letter that a bridge integral to a driveway “could be viewed as simply part of the driveway and exempt from setback considerations.” He ended the letter by saying the P&Z commission has “the right and obligation to interpret its own regulations.”

In response, Chairman Lebowitz said he hoped the attorney’s letter “puts this to bed,” saying he believes the bridge should be viewed as part of the driveway.

In his presentation, Andy Soumelidis of Landtech spoke for property owner George Tsionis, saying, “I don’t know what more we could do” for neighbors. “All in all, we have put in a lot of thought and effort here.”

Soumelidis said the plan now includes more than 150 trees for screening. He added that the current proposal for an open-space subdivision includes three times more open space than if the applicant had asked for a conventional subdivision on the site.

6 Mayfair Lane

In the 6 Mayfair Lane plan, neighbor Valerie Seiling Jacobs spoke out again against the application for installation of a non-exempt patio on the property, which she said will add to flooding in the neighborhood that already has drainage issues.

Dean Martin, of Grumman Engineering, who represents the property owners, said two drains will be added to help with stormwater runoff.

Jacobs said even with those drains, “The drainage problem is not solved.”

Other business

In other business, the commission approved two other applications. The first was for a conventional three-lot subdivision with open space at 1 Sturges Highway. The plan was submitted by Jim Kousidis of Kousidis Engineering for the property owners. The application was approved 4-1, with Bolton voting no.

The commission also unanimously approved an application for a two-lot subdivision on 50 Sylvan Road that involves an existing historic house. The subdivision was initially approved by the commission last September, with some controversy, and was being re-applied for with changes. Andy Soumelisis, of Landtech, said the main changes are keeping the driveway on the property where it is located now, leaving a wall intact, and providing a conservation easement instead of a fee in lieu. 

Paul Lebowitz said he viewed the changes as good, with property owner Jeffrey Ment adding that the neighbors are on board with the plan.

At the end of the meeting, Lebowitz stated that Bolton’s concerns about potential flooding could be addressed in a subcommittee of the commission, adding that new subcommittees will be formed in the coming month.

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.}}