New London — The attorney for the organizations hoping to build a $40 million affordable housing complex at site of the former Edgerton School said he plans to appeal a recent Planning and Zoning Commission decision denying the means to make that development possible.

“There are a number of issues with the decision,” attorney Mathew Greene told the New London Housing Authority Board of Commissioners on Tuesday.

The Planning and Zoning Commission last week, following weeks of testimony and condemnation from neighbors, denied Greene’s application to alter zoning in the limited commercial zone that encompasses a swath of land along Colman Street — along with the Edgerton School property on Cedar Grove Avenue. The thrust of Greene’s argument was that the zoning rules in the area are outdated and the infusion of more residents into the area was beneficial to both the businesses and residents.

“I won’t say we expected it ... but it was not unexpected because of the high intensity of the issue with regard to the neighbors,” Greene said. “I think emotion may have taken over as opposed to the law that should have been addressed. We believe that looking at the decision and all of the evidence that was presented, the commission made a mistake, and we intend to file an appeal.”

The former Edgerton School is the proposed replacement site for the 124 families of the Thames River Apartments on Crystal Avenue. The Housing Authority had enlisted Peabody Properties and Affordable Housing and Services Collaborative to find replacement homes and satisfy a court judgment against the authority following a class-action lawsuit from residents claiming inhumane living conditions.

The partners purchased the former Edgerton School site and have agreements with adjacent property owners as the preferred site of a 124-unit condominium-style complex. But local zoning prohibits residential housing there.

Attorney Robert Reardon, who represents the Crystal Avenue residents and filed the class-action lawsuit, said he was disappointed and perplexed by the Planning and Zoning Commission’s decision.

He said he would give the Housing Authority time to figure out its next step — “but it won’t be a long timeline for me.”

“They are already in violation of a court order. If it doesn’t happen at the Edgerton school property ... they’re going to have to come up with a new location," he said. "That’s not my problem. That’s their problem.”

The stipulated court agreement, among other things, mandates that the Housing Authority renovate or find replacement housing for the tenants at the high-rises, apply for funding no later than March 2016 and complete all HUD approvals by July 1, 2016. Construction of replacement housing or renovations is to begin by Nov. 1, 2017 — an unlikely scenario.

“I obtained the order, and now they’re going to comply with it. If they don’t comply, we will be going back to court,” Reardon said.

Reardon said his lawsuit named not only the Housing Authority but also the city. He said, with a tinge of sarcasm, the city has taken land by eminent domain in the past for economic benefit purposes at Fort Trumbull and could do the same for public housing.

“This is for the benefit of members of the community that are in need of public housing. It is a much greater need than to build a condominium or hotel on the water — that is what the eminent domain project was all about,” he said.

Reardon said the last time he checked, the Fort Trumbull property had land available.

“I’m not suggesting that’s the solution. I’m suggesting the city has to find a solution,” Reardon said.

“The question is where do we go from here. The answer to that question has to be answered by the city and the Housing Authority. We’ll continue to allow them to work on a solution to this problem for a reasonable period of time,” he said. "Some sort of development project needs to be built eventually. The longer the city delays ... the more hardships are being created for these tenants.”

The Housing Authority board, meanwhile, has voted to apply to the Department of Housing and Urban Development in an attempt to obtain mobile vouchers for the residents at Thames River Apartments. Mayor Michael Passero and Housing Authority board Chairwoman Betsy Gibson have called it a crisis situation at the high-rises where a failure of a temporary boiler could mean the emergency relocation of all of the nearly 380 residents.

The HUD process could take six months to a year. Developers of the proposed housing complex said they won’t be able to apply for the necessary state-administered resources for the project until November 2017 with construction, following all necessary approvals, not likely to start until 2018.

g.smith@theday.com