By Thane Grauel
WESTPORT — The plan to add another structure next to one of the town’s oldest houses is returning to the Planning and Zoning Commission.
Eric Bernheim, an attorney for architect Lucien Vita, whose company controls 125 Riverside Ave., has asked for a pre-application hearing.
A pre-application hearing is an opportunity for a potential applicant to get feedback on a plan without a formal vote by the commission. The discussion is non-binding.
An earlier application for a text amendment that would have allowed properties with historic structures 100 years old or more to be subdivided was unanimously turned down by the commission March 25.
Among the reasons was that the text amendment would have applied to 171 properties in town. And while at least one neighbor of the Riverside Avenue property spoke against the proposal, neighbors of the other properties might not have been aware of the change that could affected them.
The house at 125 Riverside Ave., a saltbox, dates to about 1757, which is far older than Westport itself and even the nation.
Among the concerns of people speaking at a public hearing on the earlier proposal was the loss of a tall oak, which is said to be used by bald eagles when roosting or fishing for food on the river.
Bernheim’s request for the informal hearing says the applicant has a solution that doesn’t involve amending zoning regulations.
“After the Commission denied our proposed amendment to 32-18 that would result in the preservation of the structure located at 125 Riverside Avenue, my client and I continue to attempt to find a way that will allow for a financially feasible development that would preserve that Historic Structure in perpetuity,” Bernheim wrote. “After reviewing the Regulations further, we believe that we have found a path forward without any modifications to the Regulations.”
“It is the intention of Mr. Vita to file for a special permit under Section 32-18 seeking approval of the following incentives for the preservation of the Historic Structure in perpetuity: (a) Front Setbacks for the new structure allowing for the siting of the new structure to be consistent with the surrounding historic properties; (b) conversion of the Historic Structure to an Accessory Dwelling Unit (“ADU”)1; and (c) Total and Building Coverage to permit the development of a new single family dwelling unit on the Lot with the ADU,” Bernheim continued. “This relief is required in an effort to make preserving the existing Historic Structure financially feasible.”
Bernheim said a key component of the proposal would utilize Section 44-7 of the zoning regulations.
“This provision allows for the division of the parcel into two lots for purposes of sale,” he wrote. “The Lot remains a single Lot for zoning compliance purposes even after the sale.”
The request was recently received and does not yet appear on a P&Z agenda.
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.
With respect, I have an important correction.
The Nancy R. Coley Estate owns and controls the property 125 Riverside, NOT Vita Design.
Well Charles , VITA design or their lawyer is sure making it seem they are in control.
I went to see that beautiful historic home.
It is adorable.
Here’s the thing.
It is zoned 1/2 acre and it is on 1/2 acre.
I’m sure looking for permission to build a small and simple home beside the existing might fly.
But to ask to put a monstrosity beside it just doesn’t make sense.
These attorneys/architects just always try to bend the rules each time to levels we haven’t seen the last time.
Vita would be no exception there.
I have 1 acre down the river.
Should I be allowed build 4 houses on it ?
Because if they can have 2, then I should be able to have 4.
That’s only fair.
Not what I’m looking for.
But would be fair and just as appropriate.
Slippery slope Charles….
The 2 lots cannot possibly be both conforming to lot size since there’s simply not enough land there.