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West Lyons Farm

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Letter turned in by RTM district 9 with all of our signatures January 10, 2023

Greenwich Planning & Zoning Commission (“P&Z”)

ATT: Margarita Alban, Chairperson

Re: Pre-application by Pareto LLC for multi-building housing development at 0 Comly Ave. and 200 Pemberwick Rd. (the “Project”); Item 7 on P&Z 1/10/23 agenda

Dear Ms. Alban:

Each of the undersigned are members of RTM District 9 and write to express numerous concerns about the Project. We have received many communications from our District 9 constituents requesting that the Project be, at a minimum, extensively vetted by P&Z on the health and safety-related issues raised herein. It is our belief that the Project will ultimately be rejected (once a formal application is filed) in order to protect the substantial public interests of our constituents.

Significant Safety Issue:

The first significant safety issue that has been raised concerning the Project is its proximity to a dam on the Byram River that (as noted by the First Selectman) has not been inspected for more than 10 years. The proposed blasting of rock ledge and other aggressive excavation that will be required to prepare the site for construction of multiple new, large apartment buildings will, at a minimum, place significant stress on the dam (if not destroy it altogether) and the Byram River as a whole. The failure of the dam would cause more flooding in the Pemberwick area, clearly a hazard that should be avoided at all costs. Many of our constituents are still recovering from the 500 year flood that occurred in September 2021. P&Z must require that any formal application for the Project be supported by written reports of experienced geographers and hydrologists concluding without question that the Project will not have any adverse impact on the dam, cause any flooding issues at Byram River (or otherwise), or subject the Pemberwick/Glenville area to additional flooding risks.

Serious traffic concerns:

Related to the Project have also been raised by our constituents. As you know, Pemberwick Road and King Street are already traffic dense bordering on dangerous. The area of Pemberwick Road leading from the Post Road to Comley Avenue is densely populated, and has required traffic quieting measures for decades. There are inconsistent sidewalks on Pemberwick Road and Comley Ave., and the entire area has needed pedestrian upgrades for decades. The Project’s proposed construction of 220 residential units (if not more) will add even more traffic density (and the associated pollution issues) to our community’s already dangerous roads. P&Z must require that any formal application for the Project be supported by traffic studies and reports concluding without question that the Project will not have any adverse impact on Pemberwick Road, King Street, Comley Ave. and the surrounding roads.

The foregoing issues only scratch the surface of concerns regarding the Project:

The foregoing issues only scratch the surface of concerns regarding the Project that have been raised by our constituents. There are notable objections to the loss of trees and open space associated with the Project – and a related concern that these aspects of the Project run completely afoul of the Greenwich Plan of Conservation and Development. Compromise of the Pemberwick/Glenville sewer infrastructure is also a significant concern, since (i) our area is one that has not had any significant sewer improvements in decades, and (ii) it is highly questionable that our older sewer infrastructure can support the Project’s proposed multi-floor apartment buildings with hundreds of residents. Pemberwick residents reported that during the September 2021 flood, there were sewage backups into their homes and yards; accordingly, sewer capacity in the Pemberwick flood zone is already an issue for many. P&Z must require that any formal application for the Project be supported by studies and reports concluding without question that the water and sewer infrastructure in the Pemberwick/Glenville area will not be compromised

Additional issues concerning the Project which should be vetted by P&Z include:

1. the judgment of strict foreclosure entered on September 28, 2022 with regard to the 200 Pemberwick Road parcel in the case ReadyCap Commercial, LLC v. WH Parcel I, LLC, et al, Superior Court of the State of Connecticut, Judicial District of Stamford/Norwalk at Stamford, Docket No. FST-CV19-6044279S (the “ReadyCap Foreclosure Action”) (see Order attached);

2. the Order Appointing Receiver of Rents in the ReadyCap Foreclosure Action, which transferred to a receiver “the possession and control of the [200 Pemberwick Road] property,”

3. the pendency of a second foreclosure action as to the 0 Comly Ave. parcel (Northeast Community Bank v. WH Parcel II, LLC, et al, Judicial District of Stamford/Norwalk at Stamford, Docket No. FST-CV19-6039614S), and

4. the standing of Pareto LLC (as a non-owner with no apparent interest in the subject property) to file the application for the Project.

Thank you for your attention to the foregoing issues, which are of grave concern to our constituents.

Very truly yours,

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