Members of the Planning and Zoning Commission Thursday authorized their attorney to settle a lawsuit with Central Park Associates, LLC, a development company who wanted to build 164 townhouses on about 58 acres between Larkay Road and Christian Street.
Under the agreement, which still has to be filed in court, Central Park will be allowed to build 140 two-bedroom units. Those units will not be restricted to people 55 and over as the town had preferred. Twenty percent of those units will be affordable — that is affordable to those who earn 80 percent of the median income for Oxford or the state.
Developer Matt Zaloumis of Central Park Associates already had approvals to build 82 age-restricted townhouses on the land.
However, he came back to the Planning and Zoning Commission with a different plan, calling for 164 units, with a percent qualified as affordable.
That riled neighbors and members of the P&Z, who worried the project was just too much for the area.
In September 2010, the P&Z gave Central Park a green light on the revised plan — but put so many conditions on that approval Zaloumis took it as a rejection.
He filed a lawsuit to get the decision overturned.
Oxford’s legal standing was thought to be weak, because the town had lost one other affordable housing lawsuit in which a judge criticized the town for not having enough affordable housing.
“Central Park was a losable lawsuit. It wasn’t one you could really take a stand on and expect to win,” said William Johnson, chairman of the Oxford Planning and Zoning Commission.
The settlement reduces the percentage of affordable units in the development by 10 percent. Central Park had said they intended to make 30 percent of the development affordable, as defined by state law. The settlement also increased the income qualifying requirements for buyers.
“So this is essentially a compromise, whereby the density is decreased and the target group is different,” said town attorney Francis Teodosio.
Johnson said the settlement shouldn’t give anyone the idea Oxford is soft on lawsuits.
“If anyone tries pressing their luck in litigation, we’re willing to draw a line in the sand. We’re ready to take a stand,” Johnson said.
The settlement came by way of a special Planning and Zoning Commission meeting at Town Hall. Zaloumis and Matthew Ranelli, the attorney for Central Park Associates, were in attendance and agreed on the settlement, according to P&Z member Pat Cocchiarella.
Ranelli, reached by telephone Friday afternoon, could not comment except to say that the development company looks forward to working with the town “into the future.”
