Following the February 20 denial by the Planning and Zoning Commission of the Vessel Technologies application for affordable housing at 4 Berkshire Road and 22 Oakview Road, Vessel has filed an appeal of the decision on March 7.

The application by Vessel included two apartment buildings that would have consisted of 114 one-bedroom, six two-bedroom, and 16 three-bedroom apartments. The buildings were “set-aside” developments under Connecticut general statute 8-30g, or affordable housing. The developer planned to set aside 30% of the apartments, or 41 units, for 40 years at 60-80% of the median income.

The vote failed in a 3-2 decision. Voting against the development were chair David Rosen, Barbara Manville, and David Landau. Voting for the development were Roy Meadows and Greg Rich.

Following the vote, the commission then voted on the reasons for the denial, stating the lack of a will-serve letter from Aquarion as a serious public health issue.

Last August, historic flooding caused major damage to the Housatonic Railroad stone culvert, which then damaged the Newtown wellfield in the South Main Street area. Aquarion issued a moratorium on will-serve letters to new developments until the area can be cleaned up and restored to pre-storm operations.

Josh Levy, the applicant and executive vice president of Vessel, told The Newtown Bee, “The need for housing in the area for hard-working people is dramatic. We hear every day from people who are looking for housing in and around the area and can’t find high quality housing that they can afford.”

“We think it’s incredibly important to provide housing to these people in Connecticut,” Levy continued. “Housing for these hard-working people … [is] an integral part of taking care of the people of Connecticut.”

Levy said that he thinks the location of 4 Berkshire Road and 22 Oakview Road is “an appropriate place for multi-family housing,” adding that “there were no health or safety concerns raised during the public hearing that outweigh the need for affordable housing in the community.”

The Bee asked Rob Sibley, the director of Planning and Land Use, if the commission identified any harm in the application. Sibley responded, “I think [the harm] is self-evident in the decision that was made by the commission.”

The application by Vessel Technologies was denied due to a lack of public water supply being provided to the site location due to the long-lasting effects of last year’s historic rainfall.

Sibley explained that appeal processes are “the best way to show that decisions are not made in a vacuum.” He added that the commission “recognized that [Vessel] applied under 8-30g, and [the commission] did not … [deny] this because of housing.”

A court appearance is scheduled for Tuesday, April 29 at the Superior Court of Danbury.

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Reporter Sam Cross can be reached at sam@thebee.com.