Developer Won't Take No For An Answer On Affordable Housing

They're back. On May 16, JAG Capital Drive LLC appeared before East Lyme's Zoning Commission with a modified application for an affordable housing development that it hopes to building in one of the town's few light industrial zones. 

On March 7, East Lyme's Zoning Commission denied JAG Capital Drive LLC's application to build an affordable housing development in one of the town's few light industrial zones.

At previous hearings, business owners currently operating on Capital Drive said they opposed the application because the proposed housing development would be too close for comfort to their businesses, which involve toxic chemicals, heavy truck traffic, and 24/7 operations.

They reiterated those concerns again last night and, to prove the point, Norman Birk, owner of Birk Manufacturing, offered photos of people in hazmat suits cleaning up after a chlorine gas leak that happened as result of an industrial accident at the metal finishing plant two years ago.   

The Revised Plan 

Ted Harris, the attorney representing the developer, said that the modified site plan aimed to address the key concerns raised at previous hearings. The building closest to the existing businesses has been removed from the design to create a wider buffer zone of 50 feet.

That reduces the number of housing units from 69 to 60 and eliminates a number of sidewalks and parking areas, which Harris said would also be beneficial for drainage on the site, which is dominated by wetlands. 

To create more of a barrier between the development and the neighboring businesses, the new design now includes rows of tall evergreens in addition to the six-foot high fence that was in the original plan. As the developer always intended that residents would enter the housing estate from Route 156, all residential traffic would bypass Capital Drive completely. 

"Can residential uses operate or coexist in close proximity to industrial uses? I think they can," said Harris. "They coexist because of good planning and good buffering."

Harris noted that the industrial zone on Capital Drive already has a number of residential areas nearby. He also pointed out that the town has previously approved housing complexes in zones that were originally zoned for industry, at 38 Hope Street in Niantic and Sea Spray condominiums on Liberty Way.  

Finally, Harris argued that the Capital Drive location would be better suited for residential use than for industrial use because it's surrounded by wetlands. 

The Rules Are Different For Affordable Housing

Jim Chambers of Pequot Development, one of the 24-acre property's owners, said the original intent had been to sell or lease the land for industrial use but after five years of trying, no one was interested. The decision to develop rental housing instead was driven by the market demand for affordable housing in East Lyme. 

The Zoning Commission has until its meeting on June 6 to make a decision. But Harris and attorney Tim Hollister were very clear that there was one issue they weren't asking the commission to decide. JAG Capital Drive's request is for site plan approval only. It never asked the Commission to change the zone from light industrial to residential. 

As an affordable housing development, it doesn't need a zone change. Under state law, which trumps local regulations, affordable housing developments may be built in areas that are not zoned as residential. Furthermore, the ruling issued in the state's landmark case on the issue essentially says that Zoning commissions may only reject applications for affordable housing based on health and public safety issues. 

The Commission will take into consideration the neighboring industries' concerns that their businesses could present a public health and safety threat to residents living so close to their operations. But commissioners must also consider East Lyme's need for affordable housing.

Both the town's plan and the state's policies openly state that there is both a demand for and a desire to develop more affordable housing. JAG Capital Drive's plan meets the minimum requirement for that criteria, proposing to offer 30 percent of the housing units for rent at below market rate.