P&Z Approves Priority Populations Change

The Darien Planning and Zoning Commission voted unanimously Tuesday night to replace the "priority populations" portion of Darien's inclusionary zoning regulations, eliminating language that prompted an ongoing investigation by the U.S. Department of Justice.

Emphasizing that the regulation was never intended to have an "invidious" effect, commissioners approved a two-sentence subsection in its place entitled "Affirmative Fair Housing Marketing Plan."

"The applicant shall submit an affirmative fair housing marketing plan for the below market rate dwelling units," the amendment reads."All dwelling units shall be offered for sale or rent in compliance with all applicable Federal and State Fair Housing laws."

Approved in January of 2009 by the Planning and Zoning Commission, the town's inclusionary zoning regulations require new multifamily developments and subdivisions of five or more houses to set aside at least 12 percent of their units as below-market-rate. 

But the regulations also established priority designations for people who hope to buy or rent those units, including local first responders, those employed by the town or school system, and various classes of people who work, live, or have previously lived in Darien. Tuesday's decision eliminates that portion of the law, effective Sunday, Dec. 5.

In September, Patch that the DOJ had launched a "preliminary inquiry" into the whether the priority populations clause violated the Fair Housing Act.

In a town whose population is nearly 96 percent white, according to the 2000 U.S. Census, a policy that heavily favors Darien residents could potentially qualify as discriminatory under the FHA.

When it notified the town of the investigation, the DOJ said it had "not made any determination as to whether the Town has violated the Act" but requested meeting minutes, reports, and other materials pertaining to the regulations.

Vice Chairman Joe Spain, who served on the subcommittee that reviewed the inclusionary zoning regulations, said Tuesday that the language had never been intended to have a discriminatory impact.

"This particular part of the regulation was strongly urged by SWRPA [South Western Regional Planning Agency] in particular, because a lot of the constituency in the town was concerned about the fact that people had to travel so far, and that was very inefficient—particularly inefficient—for emergency services," Spain said.

"At no time did we discuss that it might have some invidious effect, and I am surprised that people have tried to take an inference that may have been our objective or that it would have that effect," Spain added.

Notably, the priority populations subsection has never been applied, because no qualifying developments have been approved since the regulations' passage. 

"The intentions by passing this were completely genuine, and were focused on a very specific need, and were not designed to be exclusionary but rather to address that specific need," said Chairman Fred Conze.

No residents elected to speak during a public hearing held early in Tuesday's meeting. The commission officially approved the measure at the end of the evening, ruling that the change was consistent with the Town Plan of Conservation and Development.

Spain said the the approval was not an admission that the original regulation had violated the FHA, but rather a move to guarantee that it would be compliant moving forward.

"I would disagree that it did violate any fair housing laws," Spain said.

At Monday's Board of Selectmen meeting, First Selectman Dave Campbell said that representatives of the town were scheduled to meet with DOJ officials in New Haven on Friday. 

At least two other Darien residents—Chris and Margaret Stefanoni—are also set to be interviewed by investigators this week.