The town will be appealing a judge’s ruling ordering the town to allow the construction of a mobile home community along Donovan and Hurley roads.
Members of the Board of Selectman, the Planning and Zoning Commission and the Inland Wetland Commission met with town attorneys in executive session last Wednesday to discuss the lawsuit.
Both commissions recommended the Board of Selectmen to move forward with an appeal.
The town’s Planning and Zoning Commission denied an application for a modular home community in 2007. One of the reasons Superior Court Judge John W. Pickard overturned the P&Z’s decision — Oxford did not have state-mandated affordable-housing regulations and ranked among the bottom of the state’s 169 municipalities in affordable housing opportunities.
However, members of the Planning and Zoning Commission are taking steps to address the affordable housing issue.
Affordable Housing Moratorium
Members of he Planning and Zoning Commission Thursday approved a moratorium on all affordable housing applications until the commission can draft local guidelines on affordable housing, including suggestions as to where it can be built.
The moratorium is set to expire Jan. 15, 2010 — but may end before that if the regulations are created.
The Planning and Zoning Commission — based on a recommendation from First Selectwoman Mary Ann Drayton-Rogers — unanimously approved resolution the moratorium.
The resolution — drafted by Town Attorney Fran Teodosio — also calls for the commission to create affordable housing regulations, in accordance with state mandates, immediately.
Pat Cocchiarella, newly elected Planning and Zoning chairman, said this is just the beginning of the process for the new commission to create affordable housing regulations.
Cocchiarella said the process would involve a study but would not indicate how the commission would move forward at this point.
“We need to sit down and build regulations,” he said. “The moratorium will give us a little breathing room to do that.”
Garden Homes Management Corp.
The court decision handed down by New Britain Superior Court Judge John W. Pickard Nov. 4 overruled the Planning and Zoning Commission’s decision to deny a 2007 application by Garden Homes Management Corp.
Garden Homes Management applied for a permit to build a 113-unit “mobile manufactured community” along Donovan and Hurley roads, of which 35 units would be considered affordable, under state regulations.
The Superior Court upheld an Inland Wetlands Commission denial of the application for disruption to water courses on the 41-acre property, which meant a new application would have had to be submitted.
The deadline for Oxford to appeal the judge’s decision is today (Monday, June 23). The appeal will go before a three judge panel at Appellate Court to determine whether the town’s argument has merit for trial.
Drayton-Rogers said based on input from town-hired lawyers during the executive session, she has a good feeling about the town’s chances.
“After listening to special counsel, I believe we have a good opportunity to have the appeal heard,” she said.
