On August 5, the Planning and Zoning Commission denied an application to permit construction of apartments on a half-acre lot at 107 Georgetown Road, once the site of a service station.

In April, property owner August Lenhart proposed adding three one-bedroom apartments to the existing building, which already has one unit. His application contended that, by designating one of the three new units as affordable, the plan meets the criteria of Statute 8-30g, the Affordable Housing Land Use Appeals Act, thus superseding local zoning regulations.

Commissioners questioned that assertion right away, noting that the law requires 30 percent of units to meet the affordability criteria. With only one of four so designated, the total comes to only 25 percent.

Mr. Lenhart argued that the commission should view the proposal as two developments in a single structure: one being the existing apartment, the other consisting of the three new units. Viewed that way, the plan would slightly exceed the 30 percent mark.

Commission chair Sally Korsh doubted that the commission could legally treat one structure as two separate developments and asked for a citation or precedent. M. Leonard Caine, Mr. Lenhart’s attorney, said he would research caselaw and come back to the commission.

The commission discussed other concerns in that session and also heard objections from nearby homeowners. But, as Town Counsel Peter Gelderman put it, 8-30g was the “threshold question.”

Returning on July 1, Attorney Caine told commissioners he had not been able to find applicable law to support his client’s contention and that a search in other jurisdictions had come up empty.

So, in short order on Monday evening, the commission found that Mr. Lenhart’s application, at 25 percent affordable, did not cross the threshold. The vote was unanimous to deny the application, the request for a zoning variance, and an amendment to the zoning map.

In the photo above, the Planning and Zoning Commission on July 1, 2024. From left to right: Alex Burns, Gus Christensen, Lauren Gojkovich, Ms. Korsh, Land Use Director Richelle Hodza, Mr. Lenhart. (Other P&Z members participated remotely.)

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