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Developer Takes Madison to Court Over Pared-Down Affordable Housing Approval

MADISON – The applicants behind an affordable housing proposal in Madison told CT Examiner they plan to appeal a Planning and Zoning Commission’s decision to reduce the size of the housing project as a condition of approval.

The commission revised the proposal after it drew opposition from neighbors voicing concerns about traffic on the narrow street, and with the risk of six septic systems in such a small area. 

The developers, 92 Scotland LLC, applied for the project under the state’s 8-30g affordable housing statute which  allows developers a workaround from typical zoning constraints like density and setbacks. 

The commission voted to allow five houses on the property instead of six – with several members warning that rejecting the application risked the loss of several concessions that had already been secured from the developers if the decision was later overturned in the courts. 

Two of the six proposed units would have been deed restricted as “affordable” – with one set aside for a household making 60 percent or less of the area median income, and the other for a household making 80 percent or less of the area median income.

In a statement, Ed Cassella, the attorney representing the applicants, said the group was disappointed that the commission removed one of the proposed houses from their application after they had worked “in good faith” to address comments from town staff, the Advisory Committee on Community Appearance, and members of the commission.

“There was no legal justification for the reduction of units and an affordable housing development with 5 units is not economically feasible for this property,” Cassella said. “Therefore, we will be filing an appeal to the Superior Court and are confident that the Court will order the Town to approve the project as it was presented.”


Editor’s note: this story has been edited to include the name of the development group, 92 Scotland LLC

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