Fairfield committee says state decision on moratorium imminent as wave of 8‑30g set‑aside applications proceeds

Fairfield Affordable Housing Committee members heard on March 12 that the town's application for an interim moratorium is in the state's review window and that several set‑aside housing proposals filed under Connecticut General Statutes 8‑30g are moving quickly through the Planning & Zoning Commission.

The moratorium application was filed in December and certified complete at the end of the year, and the state has 90 days to act, Mark (staff member) told the committee. "So we're expecting a decision by the end of this month," he said. The committee was told that if approved the moratorium would bar new 8‑30g filings for the town for four years.

Why this matters: 8‑30g is the state statute that allows developers to seek approval of affordable housing projects with the burden of proof shifted away from the applicant in communities that do not meet certain affordable‑housing thresholds. Committee members said the pending state decision could materially affect which projects can proceed and whether applicants rush to file before any moratorium takes effect.

Committee members described a long list of developments now before the Planning & Zoning Commission. Mark said the commission has been meeting weekly since mid‑January to handle the caseload. Projects specifically mentioned at the meeting included an application tied to 441 Post Road (the Circle Inn), a proposed set‑aside at 4480 Black Rock Turnpike, and a separate matter at 2179 Post Road associated with a proposal by Mark Andre. Several items have been scheduled for public hearing; the commission holds meetings at the town's fire training center off Reef Road, the committee was told.

Mark reviewed how 8‑30g changes the local review standard. "When the community does not have at least 10% of their housing stock set aside as affordable, the burden shifts to the planning and zoning commission to prove based on the evidence in the record that there are substantial interests of public health or safety at risk that outweigh the need for affordable housing," he said. He described typical public‑safety considerations as sight lines and traffic safety and said the commission must weigh whether conditions of approval can address those concerns.

The committee also discussed a recent Planning & Zoning regulation change known locally as the Design Residence District (DRD) overlay. The regulation reinstates an option for moderate increases in density as an alternative to developers using 8‑30g. Under the new text discussed at the meeting, in certain zones the DRD overlay allows up to 15 units per acre and requires a 20% affordable set‑aside at 80% AMI. Members warned that requirements vary by underlying zone: a triple‑A (Greenfield Hill) zone as proposed would require a very large minimum parcel (30 acres under the present draft), while an A zone references minimum lot sizes beginning at 9,375 square feet for the first lot and smaller subsequent lots (3,000 square feet) to reach the target densities discussed.

Public comment at the meeting reflected local concerns about who benefits from affordable units. Alicia Hutchins, a longtime Fairfield resident, said she is "completely outraged" by what she described as affordable units being occupied by college students rather than longtime residents in need. "College students have dormitories," Hutchins said. Committee members and staff responded that federal and state income‑qualification rules normally consider parental income for dependent students and that staff would investigate if there is evidence of improper qualification.

Committee direction and next steps recorded at the meeting included: staff will finalize and circulate an updated list of active projects before the next meeting; residents were urged to subscribe to the Planning & Zoning Commission notices for hearing dates; and the committee will monitor the state's decision on the moratorium. Mark said public hearings on several projects are expected in late March.

Votes at a glance: - The committee approved the minutes of the February 12 meeting. Motion to approve by Steve (committee member); second by Nina (committee member). Outcome: approved.

Residents seeking to comment on specific 8‑30g applications were told to check Planning & Zoning agendas (posted on the town website) for hearing locations and to attend the commission meetings at the fire training center when hearings are scheduled.