FHB Is Making Progress on the Robin Rug Development
FHB is making progress toward gaining adherence to the law related to the proposed Robin Rug development. This benefits all of Bristol’s citizens. The support we are receiving from FHB members and the public is encouraging.
We thank those who have made generous contributions allowing us to challenge the many legal defects found in the Planning Board and Town Council decisions on Robin Rug. These corrupted procedures have diminished citizens’ rights and benefits. This affects all citizens. Based on our research, FHB and the taxpayers are likely to prevail on appeals, but legal costs are mounting.
While volunteer members donate many hours to inform the public and provide legal research in support of our attorneys’ work, we need your donation to succeed.
Please donate what you can to support this effort. 100% of your donation goes directly to the legal fund. Local politics matter most to your quality of life.
Here’s what we’ve accomplished so far on density, the Zoning change and Affordable Housing:
Beyond allowed Density – the law is clear. Only 101 units can be approved. Yet the Planning Board voted 3 to 2 to recommend 127 units. The increase negatively impacts the downtown area with increased traffic congestion and diminishes property values in the area. FHB uncovered ex parte communications from the Planning Board staff. There is legal precedent that supports winning an appeal on this. Ex parte communications are not allowed.
Illegal Zoning Change – On May 12, the Planning Board finalized its decision on Robin Rug. On May 24, Town Planner Diane Williamson received a request for Zoning Change from Robin Rug developers asking for a significant increase in density. On May 26, Diane Williamson forwarded the request to the Town Council, writing, "The Planning Board has already provided a recommendation to the Town Council which is attached.” The Planning Board never saw or recommended a change on the petition that was submitted 12 days after their vote. The law requires the Planning Board to recommend to the Town Council, which they did not do. See Amendment of Zoning Provisions.
Affordable Housing Law not met - While the Town Solicitor (lawyer) wrote the decision for the Planning Board, he also wrote the decision for the Town Council on the same matter, discovering “Findings of Clear Error” in the decision he wrote for the Planning Board. “The Town Council finds that it was clear error for the Planning Board to disregard this specific policy choice of the Town … and require no affordable units at all in the same building as the 127 market rate units, and also clear error to require only 3 actual units, or only 2%, to be physically created by the developer.” See Section 28-370 Zoning Ordinance – Inclusionary Zoning. The Town Council went halfway toward complying with the law by requiring 20% affordable housing. While they refer to the law, they do not completely adhere to the law, which requires 26 affordable housing units at that density. Bristol Code: Chapter 28-370 does not provide an option for payment in lieu, yet, the Town Council decision allows 13 units to be paid in lieu at $40,000 each. Not only should the payment in lieu option be off the table, according to Bristol code, but taxpayers will have to pick up the cost difference between the $40,000 and the actual cost of building each unit of affordable housing, which is more than $150,000.
To read the full Bristol Town Council Decision regarding Robin Rug, GO HERE.