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Los Gatos Weekly-Times

SummerHill and planners reach an impasse over number of units

Developer says it won't cut more homes from plan

Open space issue undecided

By Jeff Kearns

The Planning Commission handed SummerHill Homes a serious setback April 22, sending the developer's plans for a 47-unit development on Blossom Hill Road back to the Development Review Committee to make additional changes.

Commissioners voted 5-1 to scuttle the current iteration of the highly praised development on Kathryn Morgan's motion to request that SummerHill delete four lots from the plan, save a historic laboratory, make the overall design more compatible with the topography of the site, and make the open space dedication of more than 80 acres a mandatory part of the plan.

Commissioner Paul Bruno opposed the motion. "There's such substantial merit to this project as designed but also with respect to the open space and trails that it should be allowed to move forward," he said.

Bruno proposed approving the project, along with the conditions of Morgan's motion, and sending it to the Town Council, but he lacked the support of the other commissioners. Marcia Jensen was absent.

SummerHill vice president Richard Denman said that his company would pull the plug on the project if they were required to cut four units. Saving the historic laboratory would also mean cutting another house from the total, bringing the number of units down to 42.

In light of Denman's statement, Bruno suggested rescinding the motion, but couldn't convince any other commissioners to go along with him.

Commissioner Joe Pirzynski said he was frustrated by the impasse. He and other commissioners had been under the impression that the lots could be deleted, he said, which would be a step toward satisfying residents opposed to the project, many of whom are asking that SummerHill build only 24 houses.

Elaine Breeze, development manager for SummerHill, said they couldn't remove four units. "In regards to economics, there's a serious amount of risk involved with a project like this," she said. Breeze added that while the housing market is strong right now, it may not always be that way.

The question of what will be done with the open space continues to cloud the fate of the development. The Planning Commission can decide whether or not the open space dedication will be part of the plan, but the Town Council decides who will own and maintain the land.

The Town Council's policy is that the town receive an easement and that the property remain in private ownership subject to a homeowners association, according to Planning Director Lee Bowman.

But Commissioner Laura Nachison said that's not the only issue.

"The open space is the carrot for us. We need to be careful not to bite the carrot too quickly and give up something else we really need to look at, and that's how we need this neighborhood to look," she said.

Commissioner Len Pacheco had problems with the layout of the development, both in terms of its single entrance and the squarish layout of the streets, and a restored barn that would be on private property, which he said should be more accessible to the public. "I think this is an exclusive community that's being created here, at least in terms of its design," he said.

An informal group of residents opposed to the development maintained its stance that the amount of homes should be cut in half.

Dave Weissman, speaking on behalf of the group, said that as traffic and growth are on the rise, there are larger issues at stake. Weissman criticized outside developers able to afford mailings and attorneys, which he said were overwhelming the power of the people.

"This is not a property rights issue. SummerHill can make a significant profit by building 24 homes. This is an issue about people determining the quality of their lives and controlling some of the elements around them." He added, "Maybe it's time for a referendum."

After the meeting, Breeze said that SummerHill will consider the commission's requests. "It was disappointing, after spending well over a year with so many constituents, the neighborhoods, town staff, various committees, to come up with what we thought was a balanced and reasonable plan. What they asked for is too major."

SummerHill comes back to the Planning Commission on May 13.


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This article appeared in the Los Gatos Weekly-Times, April 29, 1998.
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