By Thane Grauel

WESTPORT — The Planning and Zoning Commission on Monday turned down an amendment to zoning regulations that would have allowed subdivision of properties with historic houses at least 100 years old.

But it appeared the commission admitted it needs to catch up on its history homework, and take a look at some zoning tweaks recommended by the Historic District Commission last year.

The text amendment that would allow the subdivision of properties with historic structures was sought by lawyers from FLB Law, representing the owners of 125 Riverside Ave., a 0.42-acre property.

The house on the property dates to 1756 and is older than the town, and the nation, itself.

It sits roughly across Riverside Avenue from Assumption Church and Burr Road, on the west bank of the Saugatuck River.

The plan was to keep the historic house and build a new structure nearby.

The text amendment, according to Planning and Zoning Director Mary Young, would have applied to 171 properties in town.

Commission member Michael Calise noted that under existing regulations, the historic structure could be made an accessory dwelling unit.

“You have a client who is interested in preserving, and under our regulation it is, right here, without any other modifications, they could make it a legal accessory structure, historic, and they could build a house alongside,” he said.

“The only thing is they can’t subdivide, which is what your client wants to do,” Calise said.

“So this is really about subdividing, and getting a free building lot,” he said. He asked FLB lawyer Eric Bernheim why his clients chose that route.

“For the very reasons you just said Mr. Calise, he could not sell both of those houses to different individuals …” Bernheim said. “He would like to able to subdivide it.”

Neighbors and others expressed concerns about the plans for 125 Riverside, largely about wildlife in the riverfront environment. It was said that bald eagles roost in the trees.

Member John Bolton asked about endangered species on the property.

“We have gone out and investigated the site,” said Bernheim. “There are no eagles nests located 125 Riverside.”

Member Neil Cohn worried the text amendment would be “rife for abuse” with so many properties being eligible.

He asked Bernheim what the benefit to the town would be.

“I think that the benefit is that you … are putting another toolbox in property owners’ ability to preserve a historic structure,” Bernheim said. “Preserving a historic structure is very expensive, so if you don’t provide this little bit of added incentive, the likelihood in a capitalist world is that they demolish the historic structure and build as big of a house as they possibly can.”

He said on the lot, an almost 6,000-square-foot house could be built.

“But unfortunately, you would lose one of the oldest houses in Westport,” Bernheim said. “This developer wants to preserve that house, but he also is trying to make a living for his family, which is not a bad thing.”

“In this case, this individual would like to preserve one of the oldest houses in Westport, and in doing so, he’s not going to make as much money as he would if he knocked it down,” Bernheim said. “So I think that’s the incentive for the town … you’re giving these developers the ability to potentially save a structure that is worth preserving.”

Historic District Commission Chair Grayson Braun told the commission that her group had proposed revisions to the regulations last year that would have given such property owners the ability to further develop their land and encourage preservation.

The P&Z has not reviewed the proposals yet, she said.

“We’ve seen far too many houses get torn down to do exactly what Eric Bernheim is stating, that the developer … there’s no incentive right now to keep that historic house,” Braun said.

“We do think that this would encourage preservation,” Braun said of the proposed text amendment.

P&Z Chair Paul Lebowitz said he was “100 percent for preserving historic structures, and would ordinarily go out my way to make sure that something’s that cherished, something that is existing in the fabric of town is not lost, and so as a commissioner I would always err on the side of preservation. However, it was eye-opening to read Ms. Grayson’s comments to us because she has basically said that there may be a better way.”

“There’s a path forward … and she is recommending that we take that path forward, unfortunately we just haven’t done it yet,” Lebowitz said. “But if we were to do that it would potentially solve this problem.”

Braun said the HDC supported the text amendment after some modifications it suggested.

“I do wish that the Planning and Zoning Commission had taken up our revision months ago,” she said. “Last year, actually. Because then, if that was the case, Mr. Bernheim may have not have had to proceed in this fashion.”

The vote against the text amendment was unanimous.

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 36 years. Reach him at editor@westportjournal.com. Learn more about us here.