In October 2018, the Planning and Zoning Commission unanimously rejected a plan to build a 6-story, 81-unit apartment complex between Lincoln and Cross Streets, off Post Road West.
The 7-0 vote was based on fire, traffic and other safety concerns, as well as historic preservation.
The developer — Cross Street LLC — appealed.
Last week, state Superior Court Judge Andrew Roraback sustained the appeal. He noted that despite evidence supporting fire and traffic safety issues, and historic preservation, none of those reasons “clearly outweighed” the need for affordable housing.
The proposal had been brought under Connecticut’s 8-30g statute. It allows a developer to override local zoning regulations if at least 10% of a town’s housing stock is not “affordable.” Westport’s is not — although affordable housing built before 1990 is not considered under the formula.
However, the judge added that the developer must ask the town’s Traffic Authority — which, in Westport, is the Board of Selectmen — to remove some existing on-street parking spaces, to accommodate the sight lines needed.
A number of neighborhood residents rely on street parking. Driveways are small and narrow; some lack garages, and some homes have multiple tenants.
The town has 20 days from the issuance of the decision to appeal.