In Messy Split Vote, P&Z Approves 5-Story Kimco Project with 1.8% Affordability

In a meeting on Monday, Nov. 25, the Wilton Planning and Zoning Commission approved Kimco’s application to build a 168-unit, two-building complex, including the discretionary fifth-story the company had sought on Building B. The project was first proposed over three years ago as a 158-unit complex with 16 affordable units. The version approved Monday night went through three years of review and iterative design with P&Z, culminating in a project that had 10 additional market-rate units and 13 fewer affordable ones.

With their “yea” votes, five Commissioners — Chair Rick Tomasetti, Vice Chair Melissa-Jean Rotini, Anthony Cenatiempo, Jill Warren and Chris Wilson — supported Kimco’s bid to build an additional story on Building B (which sits further back on the site) in exchange for what the devloper submitted as exceptional public benefits:

• designating three units in the 168-unit complex as affordable housing
• promising to secure LEED Silver certification
• allowing the town or local non-profits to host gatherings on the “Village Drive” side street (roughly where the Starbucks sits on the current site) at least four times per year

Commissioner Chris Pagliaro was unable to attend in person and vote but sent a letter affirming his support for the project in its five-story version. The full letter is available online and concludes by stating, “I believe that denying the 5th story would be spiteful to the applicant and the community, when the affordability requirement (or lack thereof) was the responsibility of the community.”

Pagliaro, along with Tomasetti and Rotini, served on the Greater Wilton Center Master Plan Subcommittee that developed the new zoning overlay for Wilton Center, which inadvertently omitted a requirement that all new developments incorporate 10% affordable housing, in line with Wilton’s regulations elsewhere in town and what the subcommittee had discussed including.

P&Z Secretary Eric Fanwick and Commissioners Mark Ahasic and Ken Hoffman voted against the resolution. Hoffman indicated he was open to approving the project without the discretionary fifth story, but Ahasic stated early in deliberation that his concerns went beyond the five-story height.

“This is the last big development opportunity in Wilton Center, and the lack of meaningful affordable housing is a real concern for me,” he said. “I’m not able to support either of the resolutions [with or without the fifth story] tonight.”

Tomasetti would later offer what seemed like a reply, referring to the fact that voting against the fifth story meant sacrificing the 1.8% affordability that Kimco had offered.

“I don’t know how we as a commission, quite frankly, [can] talk about affordability and then vote three [affordable] units out on some kind of principle,” he said.

In his remarks at deliberation, Tomasetti explained his perspective on the project. “Nine units overall on the fifth story in the back, as I said before, I’m comfortable with. I was not comfortable with the fifth story in the front. A fifth story along the streetscape, the spirit [of the zoning overlay] is that is supposed to be an architectural element. I’m grateful that we were able to work with this applicant to have that removed.”

He also offered that the buidings’ design — “a three-story eave-line with a step back” — was not a major departure from the 3.5 stories that the underlying regulations have always allowed.  

Confusion Along the Way

The vote did not come easily, however. Town Planner Michael Wrinn had brought two resolutions to the Commission for potential votes on Monday night. One approved the project with a fifth story on Building B, and one approved it as two four-story buildings, an option that would have meant rejecting Kimco’s proposed exceptional public benefits.

Rotini made the first motion to vote on the resolution approving the project with the fifth story, which failed in a tie, as Ahasic, Fanwick, Hoffman, and Warren voted against it.

At that point, Tomasetti asked Wrinn about the consequences if the Commission could not come to a decisive vote on the project.

“If we don’t act on this, if we can’t get a resolution, it just dies on the vine, right?” Tomasetti asked.

“There is a lot of case both ways on that, is my understanding,” Wrinn said. “Is it an automatic approval? I wouldn’t make the case that it dies on the vine. You have two resolutions that you are looking for. If you go ahead and go through the second resolution and you have a tie again, you’ve effectively taken no action on this application. You’ve got a special permit application that you have to vote on in 65 days and you’re there: you’re on Day 63.”

The debate continued for some time as the commissioners asked Wrinn for clarity on what would actually happen if no vote passed ahead of the 65-day deadline, both whether the application would pass by default or fail by default, and if it was the former, which version of the project would be approved by default.

At one point, Warren spoke up amidst the back and forth and offered, “Can we readopt the resolution that failed? If someone were to make another motion, I think I may vote differently.”

Rotini then addressed Wrinn again, trying to determine the consequences of not voting on the project.

“If we take no action, is it an approval?” she asked. “I’m still not clear if we know if it’s an approval or a denial.”

“I would agree with you, I don’t think you’re going to know,” he said.

Eventually, the second resolution, approving the project at four stories, also failed, with only Hoffman voting in favor. The Commission then brought back the original resolution as Warren suggested. With her vote now on the side of the yeas, it passed 5-3, approving the project as submitted with the fifth story on Building B.

Looking Ahead

Monday’s vote marks the conclusion of the review process for Kimco that began in November 2021 with the first pre-application submission. The company is the largest land owner in Wilton Center, controlling a space equal to 47% of the neighborhood. The 15-21 River Rd. projects are Phase 1 in a multi-stage process. In 2022, Kimco outlined to GOOD Morning Wilton that the company is considering adding another new mixed-use multifamily building (2B, immediately south of Stop and Shop) and razing and replacing the current structure at the southern corner of 5 River Rd. (Building 2A).

The Commission will meet next on Monday, Dec. 9. Among other items, the meeting will include a public hearing for comments on new zoning language to require affordable housing in Wilton Center, as the master plan subcommittee originally intended.

The P&Z Commission also discussed the Wilton Volunteer Ambulance Corps application for its proposed new headquarters. GOOD Morning Wilton will have an upcoming story on that application.