A property purchase/settlement agreement between Pawson Point LLC and abutting property owners Stephen and Patricia Small of Pawson Road will extinguish a legal appeal against Branford's Planning and Zoning Commission (PZC); and close the book on a third attempt by the plantiff to bring housing and/or affordable housing to a lot the town has deemed unbuildable. The lot, located in a residential neighborhood at 239 Pawson Road, also abuts a tidal marsh.

The appeal sought to overturn the PZC’s 2017 denial of a modified application submitted using state affordable housing statutes to receive a zoning variance for three units to be built on the 0.23-acre vacant lot, including one affordable housing unit. The application was made by property owner Arsalan Altaf, doing business as Pawson Point LLC. Altaf requested the variance despite the fact that the waterfront lot equates to less than the town buildable minimum of 15,000 square feet. It wasn’t his first attempt to have the town allow him to build on the land.

Altaf, whose residence is listed as Middletown on corporation papers, purchased the site from Patricia W. Northrop in September 2015 for $35,000 through Pawson Point LLC, which was incorporated in that same month. The property is assessed at $49,000 and appraised at $71,100. The property Altalf sought to develop opens up at the dead-end of a narrow, residential road. The property's undeveloped lot is prone to flooding in extreme storm events due to being fronted by tidal marsh and the Branford River.

In 2016, Altaf first attempted a two-pronged approach to developing the lot. He submitted a request for three variances to the Zoning Board of Appeals (ZBA) to build a new single family home at 239 Pawson Road; and also submitted an application to the PZC to develop the same piece of land with six housing units, to include a state-minimum number of affordable housing units as part of the development. The Smalls spearheaded an effort to alert their neighbors and area residents to the potential developments, drawing big crowds of concerned neighbors to the ZBA and PZC meetings.

In August 2016, the Zoning Board of Appeals (ZBA) denied Altaf’s request for three variances that would have allowed a new single-family home on the lot. The ZBA’s action was a repeat of a December 2015 ZBA decision denying Norththrop property variances to build a single-family home on the lot.

Next, the PZC denied Altaf’s six-unit application, based on issues including safety concerns, fire access issues and parking issues.

Following that denial, Altaf resubmitted a modified application in early 2017, seeking three units including one affordable housing unit. In the fall of 2017, the PZC completed its review and denied the modified application.

Altaf filed appeals against both the ZBA and PZC for their actions. In March of 2018, the court upheld the ZBA denial.

On April 19, based on the settlement that has now been reached between Altaf and the Smalls, PZC chair Chuck Andres explained that the PZC needed to vote in support of Altaf’s decision to withdraw the appeal, so that the court could proceed with the action.

“My understanding is you reached a settlement and will be acquiring the property as part of the settlement, the plantiff has withdrawn,” said Andres, speaking to the Smalls at the April 19 PZC meeting. Altaf was not in attendance.

“But as part of the court process, the court has to approve any withdrawal of the settlement; so we have to vote to approve the withdrawal of this law suit,” Andres continued.

With the PZC’s unanimous vote on April 19 showing its consent to the withdrawal of the lawsuit, the court can now formally approve the withdrawal, said Andres.