Politics & Government

Greenwich Communities Files Lawsuit Against Town P&Z Commission

The lawsuit is over a proposal to build affordable senior housing units on Vinci Drive in Byram.

The lawsuit was filed on Sept. 28.
The lawsuit was filed on Sept. 28. (Richard Kaufman/Patch)

GREENWICH, CT — Greenwich Communities filed a lawsuit last week against the Greenwich Planning & Zoning Commission over conditions the commission placed on a proposal to build affordable senior housing units on Vinci Drive.

The project called for the construction of 52 units, all one bedroom, of senior independent living apartments at the McKinney Terrace campus in Byram.

The planning and zoning commission approved a final site plan and special permit application for the project earlier this month, but placed a condition on the project that said Greenwich Communities must revise the building's roofline to match the style of the historic Byram School which is on the property.

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The old school building is on the National Historic Register list.

The commission also requested the replacing of the proposed vinyl siding and the installation of a brick veneer to match the school.

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According to the lawsuit, the condition to match the roofline would cause the loss of 17 of the proposed affordable units, which is almost a one-third reduction.

The lawsuit said the conditions are "illegal, arbitrary, capricious, unconstitutional, discriminatory to the elderly, disabled, poor, and minorities."

Additionally, the suit said the conditions would completely destroy the viability of the project.

The Greenwich Time reported that the lawsuit was filed under Connecticut's 8-30g law.

The law requires each Connecticut municipality to have no less than 10 percent of its housing units designated as affordable.

Katie DeLuca, Greenwich's director of planning & zoning, told Patch Thursday she could not comment on pending litigation.

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