WESTERLY – The Planning Board’s rejection of a controversial affordable housing proposal was upheld by a R.I. Superior Court judge.
On Aug. 26, a Washington County Superior Court judge upheld the Westerly Zoning Board’s rejection of Winn Properties LLC’s proposal to construct a 2,300-unit affordable housing development on the Winnapaug Country Club.
Winn Properties, which owns the property, proposed in December 2023 to level the 18-hole public golf course to make way for a 90-building development with 2,300 residential units, 30% of which would be reserved for low- and moderate-income households.
Nicholas Scola, who owns Winn Properties with his wife, Jill, has said that the proposal would help address the town’s shortage of affordable housing. Each municipality is required by the state to have a minimum of 10% long-term affordable housing. Few cities and towns meet this and Westerly’s stock is at around 6.45%, according to R.I. Housing And Mortgage Finance Corp. 2024 Low & Moderate Income Housing Chart.
Winn's proposal has stirred pushback from residents, including representatives from the local group Keep Westerly Green, who say the plan's volume and density is out of character with the area and it would harm the local environment.
Ultimately the planning board agreed, unanimously denying the project’s Master Plan approval July 16, 2024. Then Winn Properties appealed the decision in R.I. Superior Court on July 30, 2024.
In its appeal, Winn Properties, represented by attorney Matthew Landry, made three arguments: First, that the planning board violated state law by delaying its decision on the proposal more than 90 days after the preliminary plan application was considered complete. State law requires planning boards to issue a decision on a preliminary plan application for low-and moderate-income housing within 90 days the application is considered complete, unless the applicant allows more time. Second, the property owner said the planning board was “clearly erroneous” when it decided the proposal was not consistent with Westerly’s Comprehensive Plan. And third, that the planning board “prematurely denied” the proposal based on environmental concerns and by requiring more details at the Master Plan review stage.
Meanwhile, the Planning Board made three arguments: that its decision was based on competent evidence; Second, it couldn’t make the required findings to support approving the application within 90 days, as required by state law; And that the Planning board made the findings it needed to support its denial of the proposal.
The judge found Winn Properties had extended the Planning Board’s 90-day deadline for preliminary plan application review, undermining the property owner’s first argument.
Also, Winn Properties argued the Planning Board’s decision was “clearly erroneous” because the town was facing a shortage of low- and moderate-income housing, which had not been addressed. Meanwhile, the Planning Board argued that even though the proposal gets Westerly closer to reaching the 10% affordable housing benchmark, it was inconsistent with the affordable housing plan outlined in the Comprehensive Plan. Specifically, because the proposal failed to offer a variety of housing options and the plans didn’t reflect the character of the neighborhood.
The Planning Board also noted that the proposal didn’t address environmental effects of the project or health and safety concerns that were raised during the public comment period. But that level of detail isn’t required at the Master Plan stage, according to Winn Properties.
The judge noted that the Planning Board only needs one reason to deny the proposal. Also, even if the lack of information addressing environmental and health concerns isn't the basis of the Planning Board’s denial it’s helpful to identify them early in the review process.
Ultimately, the judge ruled in favor of the Planning Board, saying it was “supported by competent evidence.”
Under a state law that went into effect Jan. 1, 2024, developers proposing affordable housing projects with at least 25% of the units reserved for low- or moderate-income residents can appeal decisions of local boards directly to Superior Court, instead of the State Housing Appeals Board. The law also allows developers to file a writ of certiorari – a court process asking the Supreme Court to consider hearing the case.
Ed Rossomando, with Keep Westerly Green, said he is “cautiously optimistic” about the superior court’s decision.
“We’re not sure if it’s really the end of the road,” Rossomando said, adding he appreciated the support from residents outside of Keep Westerly Green. “On the other hand, we’re delighted.”
The group has voiced concerns over the density of an alternative proposal for the property introduced by the town’s Economic Development Commission that would preserve the golf course and create a golf resort along with 700 residential units on the 120-acre property. This idea was defeated by the Town Council in April 2024. But Rossomando said the group would be open to considering future proposals for a golf resort.
Specifically, Rossomando said the group would like the golf course – which is the only public one in the area – to be maintained and improvements to the golf facilities.
Representatives for Winn Properties and the Planning Board did not immediately respond to PBN’s request for comment Tuesday.
(SUBS paragraphs 15-18 with comment from Keep Westerly Green.)
Katie Castellani is a PBN staff writer. You may contact her at Castellani@PBN.com.
