Fairfield Apartment Complex Approved — With Conditions

FAIRFIELD, CT — A controversial affordable housing complex proposed near Old Town Hall was approved by zoning officials — but not without multiple conditions, including a more than 20-foot reduction in the height of the building.

In order to move forward, the 40-unit structure planned for 131 Beach Road would need to drop from 62 feet tall to 40 feet tall under the approval granted Tuesday by Fairfield’s plan and zoning commission. Zoning officials also required the developer to get clearance from the police commission to remove six on-street parking spaces in order to achieve the necessary 319-foot sight line.

Concerns about traffic safety and the property’s proximity to a historic district dominated the zoning commission’s discussion.

“It’s up to the developer here to come back to us with a revised proposal that mitigates against these hazards,” Chair Matthew Wagner said.

Chris Smith, attorney for developer 131 Beach Road LLC, did not respond Wednesday to questions about how the project would proceed in light of the new conditions.

The proposed complex was intended to replace the Masonic Temple building at 131 Beach Road, built in 1950 and located on a 0.65-acre site. The planned five-story development would have included 40 apartments, 12 of which were to be rented below market rate, plus 55 parking spaces, with a ground-floor parking structure.

The developer sought approval under state law Section 8-30g, which dictates the only way the commission could have denied the proposal would have been by proving the project posed a threat to public health, safety or "other matters which the commission may legally consider" that outweighed the need for affordable housing. Section 8-30g applies to towns where less than 10 percent of housing stock meets state criteria to be recognized as affordable.

Hearings for the project continued for months as residents signed petitions, wrote letters and, in at least two cases, hired attorneys in the fight against the development.

“We took a long time with this for a reason,” said Commissioner Thomas Noonan, who proposed the conditions, which initially set the maximum height at 36 feet but were later amended to increase the height to 40 feet.

As presented, the project would “improperly and irreparably” damage the abutting historic district, Noonan said, arguing the condition that lowered the proposed building’s height by more than 20 feet was reasonable and would result in a structure that mirrored other affordable housing developments in town.

“If constructed as proposed this would be one of the tallest buildings contemplated in Fairfield,” he said.

The developer had argued a shorter maximum height would not be financially feasible, but Noonan said 131 Beach Road LLC provided no evidence to substantiate its case.

“I find it very hard to believe that no reduction in scale is possible,” Noonan said. “Other developers have made it work at much lower density.”

The only commissioner to vote against the approval with conditions was Steven Levy, who said the proposal should be granted a maximum height above 40 feet in order to accommodate a fourth story, although he agreed the building as proposed was too tall.

"I think our condition is a little too restrictive," he said.

In discussing traffic safety concerns related to the proposal, Wagner referenced a recent crash near the site that injured an employee of local nonprofit Operation Hope so severely she required intensive care.

“There are numerous reports in the record of there being congestion,” he said.

The complex is projected to generate 218 car trips in or out of the property on a typical weekday.

While the developer’s construction application was approved with conditions, a separate proposal for a zoning regulation amendment that would bring the project into compliance with town regulations was unanimously denied. Such compliance is unnecessary for proposals that fall under Section 8-30g.