Beacon View Affordable Housing Project Denied By Zoning Officials

FAIRFIELD, CT — The fate of a controversial affordable housing proposal, which was denied by zoning commissioners Tuesday, ended up hinging on one simple question: Can a person park in their own driveway?

The plan to build a four-story, 20-unit apartment building on the half-acre property at 15-21 Beacon View Drive, currently occupied by two modest houses, drew vocal opposition from neighbors, Fairfield's Affordable Housing Committee and even the first selectwoman.

The proposal was made under state law Section 8-30g, which applies to towns where less than 10 percent of housing stock meets state criteria to be recognized as affordable. The law stipulates that the commission can only deny an application if the project poses a provable risk to public health and safety that outweighs Fairfield's need for affordable housing.

"The sight line required for safety has not been achieved and cannot be achieved," commissioner Lenny Braman said of the plan. "... Our duties under the law requires us to deny this application."

Experts speaking on behalf of the developer said the project could achieve a 301-foot sight line for its right-turn only exit. But conflicting standards and studies indicated the appropriate sight line for the exit could have been anywhere from 249 feet to 315 feet. State standards applied to a police department speed study put the sight line above the 301 feet the developer could attain.

None of the sight line calculations accounted for a neighbor's driveway, which, when fully occupied by parked vehicles, truncated the sight line at 165 feet. The issue of the vehicles cutting off the sight line was raised at a zoning hearing Feb. 25 by the owner of the driveway, George Zaharis.

"The cars will be in the line of sight," he said.

Attorney John Fallon, who represented developer John & Dilan LLC, argued at the hearing that vehicles left in a section of the driveway where they impede the sight line are illegally parked — a claim that was met with dismay by residents in the audience.

Chair Matthew Wagner said Tuesday that after extensive research the town confirmed there is no way it could prevent a property owner or their tenants from parking in a section of their driveway.

"They have a right to the use and enjoyment of their property," he said.

Zaharis would have also needed to reduce a hedge on his property for the developer to obtain the sight line.

Commissioner Steven Levy cited the proposal's proximity to multiple schools as an additional safety factor to consider.

"To my mind there's a probability, a significant probability, of an accident," he said.

Discussion of the project — which would have included six affordable units — stretched across two public hearings, during which residents complained about the potential for increased traffic; flooding; and light, air and noise pollution in connection with the proposed apartments.

The commission voted unanimously to deny the application.