A second extension on a contract by Teton Capital Company, LLC to purchase 14 acres at 6 Commerce Road has been conditioned on an application coming before the town’s land use agency.

The sale of the property for $3.1 million, which was received from the state and approved for sale by the town in 2006, was announced in August 2021. Teton Capital representatives said they were planning to build 170 apartment units for senior housing, with eight of the 14 acre parcel being developed for the complex.

The entire property at the location is 41 acres, with the other 27 being preserved by the town as open space. The property is located next to the 34-acre Catherine Violet Hubbard Animal Sanctuary property, so having open space on the adjacent property with just eight acres being developed, is “maximum value for minimum disturbance,” said First Selectman Dan Rosenthal following the sale in 2021.

But more than a year later, the property is still vacant with no application for construction in the works. The developer did apply for a zone change for the property to allow senior housing as a permitted use, which was approved by the Planning & Zoning Commission in November 2021.

At the February 6 Board of Selectmen meeting, Rosenthal said he was hesitant to approve a second extension with no application before P&Z.

“The purchaser insists it will happen,” said Rosenthal. “I was told next week [the week of February 13 to 17] there would be a formal application.”

At press time, Land Use Deputy Director Rob Sibley reported that no application had been filed with his department. Rosenthal said his understanding was the application would “likely be Thursday [February 16].”

Selectmen approved the extension with a caveat that Rosenthal would not formally sign and authorize the extension without a P&Z application.

“Just because I’m authorized to sign it doesn’t mean I have to sign it,” said Rosenthal. “Absent an application I’m not inclined to sign it.”

Associate Editor Jim Taylor can be reached at jim@thebee.com.