Kleppin: Written comment is welcome on Firetree application

May 23, 2017

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The fire escape installed by Firetree LTD at 17 Quintard Ave. is frequently described as not conforming to the character of the neighborhood.

Updated, 5:50 p.m.: Date for hearing is June 7.

NORWALK, Conn. – You can still write in with comments on a proposed federal prisoner halfway house in South Norwalk, Planning and Zoning Director Steven Kleppin said Monday.

Although Zoning Board of Appeals Chairman Andy Conroy said Saturday that he had ended the written comment period on Thursday, Kleppin said it’s still open until ZBA closes its public hearing on the appeal from Firetree LTD. The hearing continues on June 7.

“I had extended the submission date to a specific date . . . then not extended the extension,” Conroy said in a Tuesday email. “The staff interpreted that as a directive that they were to continue to receive written comment as long as the hearing was open. Will have to discuss with them, and corp. counsel, but practically speaking the staff has continued to accept written comments.”

Firetree has reportedly spent $500,000 upfitting the former Pivot House at 17 Quintard Ave. to meet the specifications of the federal Bureau of Prisons. Zoning Inspector Aline Rochefort then declined to issue a Certificate of Occupancy, saying that Firetree is not continuing Pivot’s prior non-conforming use as a drug rehab center.

Firetree is seeking to reverse that decision, or, failing that, obtain a special exception from ZBA.

A public hearing was held May 4 and went for four hours before Conroy shut it down. The hearing was set to resume Thursday, May 18, but the Board could not meet a quorum because one of its Commissioners recused himself and others were out of town.

Kleppin acknowledged that’s an issue. On Tuesday, it was announced that the hearing will resume at 7:30 p.m. June 7 in the Council chambers.

Comments

3 responses to “Kleppin: Written comment is welcome on Firetree application”

Donna

May 23, 2017

Thank you, Nancy, for clarifying that written comments from the public on the Firetree application will be accepted by the ZBA until the hearing closes, date TBD.

Also thank you for mentioning the amount that Firetree has spent towards improvements and Federal BOP compliance requirements. The money spent towards these improvements–500 to 600 thousand dollars–is important because that dollar amount is in excess of what Firetree paid for the property in its entirely–land and building.

They have asked for a Special Exception if Ms. Rochefort’s denial of a C.O.is not reversed. In order to quality for a Special Exception, under 118-1410(2)(e), the ZBA must find that the “proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use” and “the proposed use will have the same impact or a lesser impact upon surrounding area than the existing nonconforming use.”

With regard to Firetree’s improvements, 118-1410(4)(b) states that the ZBA may only grant a Special Exception “provided that the cost of structural alterations to a structure changed to a new nonconforming use shall not exceed 25% of the assessed value of the existing structure.”

There is no metric by which Firetree qualifies for a Special Exception. The first part of their application–that Aline Rochefort’s denial of a C.O.should be overturned, depends upon a finding that the proposed use to house prisoners from the Federal BOP is the same as the previous nonconforming use as a faith-based sober living home. Firetree’s residents are inmates. Pivot House did not have inmates. For the Federal Bureau of Prisons, moving prisoners to an RRC is a step in the incarceration process. The use is not the same again by any metric other than people will live there. Also the zone permits no more than 12 occupants in a C residence zone. Firetree needs 19 to fulfill their contract with the BOP.

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diane c2

May 23, 2017

Hearing announced: Wednesday June 7 at 7:30pm Council Chambers

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Donna

May 23, 2017

Hopefully, the momentum from the May 4th meeting will grow for the June 7 continuation. An extra few weeks to collect information about Firetree is not a bad thing. Plenty of time for our elected officials in Washington to talk to the BOP about this vendor.

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