A new housing development on Scotland Road that includes affordable units has been approved with conditions by the Planning & Zoning Commission (PZC), despite concerns from residents and several commission members. The development is located on a 0.55-acre lot at 92 Scotland Avenue and was approved with a provision that the design reduce the number of units from six to five.

The application originally was set to have six, single-family houses for rent, with two of the six units designated as affordable housing. This proposal would fall under the auspices of the 8-30g state housing statutes that allow developers to seek streamlined approval for developments as long as at least 30 percent of a proposed project’s units are set aside as affordable housing.

The proposal submitted by the developer was for six, three-bedroom units of approximately 900 square feet each. There would also be six separate septic systems.

A letter sent to the PZC, signed by more than 50 residents, opposed the project. Residents who signed the letter were concerned about several issues, including the site density and septic tank installations as a possible health issue.

However, according to the PZC, no evidence of health or safety issues were presented by those in opposition, which is the only criteria by which a development could be denied under the 8-30g statute.

According to the 8-30g statute, the only way a municipality can deny an application from a developer that conforms to the 70-30 percent ratio of affordable housing is if it can be demonstrated that the proposal affects public safety or public health. Though the concerns of residents were noted, no data was presented that would allow for an outright denial of the project. The PZC ultimately determined that no such impacts were presented.

Residents also cited concerns over parking at the site. The original proposal didn’t have guest parking spots set aside, making for a potential issue of street parking hazards. This matter was debated by the PZC and ultimately it voted to approve a five-unit project so that extra guest parking could be encompassed within the project site.

According to town officials, a traffic engineering evaluation undertaken for the project reveals that estimated traffic as a result of the housing development will not have a significant impact on traffic in the area.

“There is not a shred of evidence in the record from an expert that says there is a traffic problem,” said Ron Clark, chair of the PZC at the time of this action, but who has since departed the PZC. “We do have anecdotal information on the record, but that’s all it is.”

Ultimately, the PZC determined the project would be more appropriate as a five-unit site and voted to approve it with that condition. The commission also took issue with several smaller items of concern and requested changes, including outside cosmetic appearance of the structures, sidewalk construction material, and a stop sign, that it urged be addressed by the developer.

“That’s what collectively the decision was, and that was what was approved,” said Clark. “The discussion was that if we were to deny the application, and it was appealed and it was overturned, we would not have any opportunity to impose conditions like the appearance of the homes, the walkways, and the stop sign…It would just be approved as initially submitted with what we felt were those shortcomings. It puts us in a tough spot because so many of the things that we would normally take into account—setbacks, density, coverage—that are within our regulations cannot be applied to an application like this.”

However, this alteration makes it unclear how many units of affordable units would now be required for the proposal. It is possible the developer may not wish to continue with the project if two of the five units must be designated as affordable.

According to town officials, the developer has the right to appeal any decision made by the PZC, including the unit reduction.

The town has recently begun efforts to increase the percentage of affordable housing units, which the state has mandated must be 10 percent of a municipality’s total number of housing units. Madison currently has less than two percent of its available units designated as affordable.

Though town officials said all projects that encompass affordable housing units are welcome and needed, this project would not increase the mandated total percentage by any discernable amount.