Plans to build homes on a neighborhood lot pits developer
against residents and the city
Gilroy – A developer looking to replace two homes with six on a showcase street in Gilroy’s core says he’s willing to go to court over his project. And neighbors opposing the proposal say they are ready to do the same.
On the eve of a second round of city review, Neil Mussallem indicated he would sue the city if it goes back on its initial approval to build six new homes at 7861 and 7891 Miller Avenue.
“There’s no doubt that we’ve gone all the way with this thing,” Mussallem said. “It’s a project that’s viable.”
Robb Alonzo, the leading critic of the project, says he too will risk a court battle to preserve the expansive, tree-lined lots that contribute to the expansive vistas along Miller Avenue.
“If the city wants a potential nightmare like this on their hands, then so be it,” said Alonzo, who lives at 7841 Miller Ave., directly south of the project. “We’ve voiced our concerns from day one, and neighbors are willing to go to court over this. If you’re going to go ahead and approve this, it’s not the last time you’re going to hear from the neighbors.”
In the spring, the Planning Commission unanimously rejected a zoning change that would clear the way for the project, but councilmen trumped that recommendation in a 4-3 vote, arguing the project meets zoning guidelines.
Now, commissioners and councilmen say they will keep an open ear to neighbors’ concerns as the developer seeks approval on the project’s preliminary map.
“If the neighbors are behind it, then I guess I can live with it,” Planning Commission Chairman Dion Bracco said. “But if they’re not with it, I can’t see putting that in somebody’s neighborhood.”
Councilman Craig Gartman, who changed his vote to side with neighbors during the last council review, said he too would stick with residents.
“These are the people that are gong to have to live there,” Gartman said. “You’ve got to get your neighbors to agree to the project, and I don’t see that happening. If you’ve got all your neighbors opposing it, you’re not going to get very far. … I’m more sympathetic to neighbors than I am to the developer.”
The true level of opposition may not become clear until tonight’s review before the planning commission.
Alonzo has created a new group aimed at opposing the Mussallem project and protecting Miller Avenue and other parts of the city’s old core from similar high-density proposals. He suggested that opposition has only increased through the formation of the Miller Avenue Neighborhood Association.
“What the residents are after is to have nothing built on these lots,” Alonzo said. “We’re getting more and more momentum because of the homeowner’s association.”
Mussallem assessed the situation differently.
“There’s only two opposing neighbors at this point,” he said. “We’ve already talked to them, discussed and mitigated most of their problems. I think we had 12 neighbors (opposed) when we started. Now they’re down to two.”
The Mussallem project involves creating a private cul de sac on the west side of Miller Avenue, a few hundred feet from the intersection with First Street. Four of the six homes, including the two facing Miller Avenue, will stand two stories high – a sore point with critics.
Mussallem said that he has reduced the middle homes in the project to one story each, set the homes facing Miller Avenue farther from the road, and made other changes to appease neighbors and councilmen. He was confident the project would receive approval.
Alonzo expressed confidence that opponents have won a crucial swing vote on city council. In April, councilmen Bob Dillon, Craig Gartman, and Russ Valiquette voted against the zoning change, but Alonzo suggested he may have picked up another vote.
“I’ve been working with (Councilman) Charlie Morales and I feel pretty confident the neighbors have his vote,” Alonzo said, noting the councilman is up for re-election in the fall.
“What I really want to do is weigh all the positions that we have,” Morales responded. “At this point, I’m reserving judgment and seeing if the developer complies with everything he’s agreed to. Even though it’s the final step, I’m still exploring the options to make it a win-win for everyone.
“If we go against the developer,” Morales added, “of course he has grounds for litigation. Policy-wise, the developer’s following what we have in our policies and the council has to work within those parameters.”
Gartman, also up for re-election in the fall, took a stance on the opposite side.
“If I am going to be sued, I’d rather be sued defending the rights of neighbors than the rights of a developer.”
