The question of whether 50-unit Parkside Village 1 — currently restricted by Branford zoning to affordable elderly and disabled adult housing — will be approved for renovation and expansion as a Section 8-30g (state statute) Assisted Housing District with 67 units to include a mix of all-age residents prioritized by low-income needs, is now in the hands of Branford’s Planning and Zoning Commission (PZC).

On Dec. 7, following more than an hour of additional input and testimony from the public, as well as from applicant represenatives forproperty owner Branford Housing Authority (BHA) and developer Beacon Communities (MA), PZC chair Chuck Andres closed the four-part public hearing, which first opened October 19.

Upon closing the hearing, Andres noted the PZC had received new material to review and has a window of 65 days to deliberate on the application. As part of the regular Dec. 7 PZC meeting. Andres was also re-elected by his co-commissioners for another term as PZC chairman.

“My recommendation is we have, by right, 65 days from tonight to make the decision. Our next regular meeting is in January [and] we will probably start talking about this in January,” said Andres.

Within the four-part application, Beacon is requesting a Zoning Regulation Amendment under CT General Statute (CGS) Section 8-30g (Affordable Housing Land Use Appeals) for 115 South Montowese Street (Parkside Village I); a Zoning Map Amendment under CGS 8-30g for Parkside Village I, and approval of a site plan and coastal site plan under CGS 8-30g.

At the opening of the final part of the hearing, Beacon attorney Timothy Hollister (Shipman & Goodwin, LLP) said that safety concerns raised by the town’s fire marshal, regarding a proposed emergency access road leading in from Melrose Avenue to the development; could instead be addressed (if needed) by utlitizing current Sliney Road, with tree clearing needed, including at the South Montowese Street entrance, to widen the path.

Town Planner Harry Smith later pointed out that Beacon’s proposed widening of Sliney Road would be no better than the bringing in the proposed Melrose access road; as both would still require the use of town property for emergency vehicles to stage and access the development. Smith also noted that, as of Dec. 6, the fire marshal had not yet received an agreement from the town allowing for a Melrose access emergency plan.

Additionally, Smith provided the PZC with regional planning agency comments attesting to a greater number of affordable housing units available in Branford than the state survey number submitted by the applicant.

Hollister had also challenged that a zoning change protest petition filed by neighboring property owners, which requires a “super majority” PZC vote for application approval, was not applicable to the entire four-part application. However, town attorney Danielle Bercury (Brenner, Saltzman & Wallman, LLP) said she has not seen any case law which would validate Hollister’s challenge. Smith also noted he had submitted, on Dec. 7, a memo which explained the process the town followed to validate the protest position.

The PZC’s decision to grant or deny the applications are restricted to CGS Section 8-30 parameters of safety and health issues, which are more stringent the Branford zoning law. At the close of the hearing, attorney Hollister noted safety issues need to be considered from a construction standpoint only; and added that any “probability of harm” has to outweigh the town’s current need for lower income housing. Hollister then outlined his conclusion that there is “no health or safety basis” on which to deny the applications.

Opponents had raised concerns earlier that night with regard to the area’s traffic, speeding and growing number of accidents. Opponents also questioned whether current elderly residents at Parkside 1 have been guaranteed a new home in the new complex (according to Hollister, they have) and whether neglected toys and other trappings brought in by families in the new development could pose a physical hazard to elderly residents or create a stressful, unhealthy environment for them. South Montowese Street resident Carol Sires also provided extensive material for the PZC to review and questioned whether the original state housing authority agreement with BHA in the early 1970's, which restricted the development to elderly housing, had been amended to allow for mixed-age residents. A representative for BHA later told the PZC such amendments fall under the authority of CT Housing Finance Authority and are made as part of new finance agreements to fund a redevelopment.

Commissioner John Lust asked if an operational plan had been developed by Beacon to address the security and safety of the new mix of occupants in areas of the building including elevators and closed stairways. Saying a plan has not been included with the information supplied to PZC to date, Beacon president Dara Kovel also noted the community would be “fully staffed” five or six days a week. Between staff including a property manager, assistant property manager, maintenance supervisor and resident services, “...there will be people on the property,” said Kovel; also noting residents will “always” have 24-hour access to an emergency line.

The next regularly scheduled meeting of Branford PZC is set for Thurs. Jan. 4 at 7 p.m. at Branford Fire Headquarters, 45 North Main St.