Avalon Yanks Its Applications

By Andrew Gorosko

The developer of Avalon at Newtown, a proposed 304-unit rental apartment complex envisioned for Hawleyville has withdrawn its two development applications from review by the Planning and Zoning Commission (P&Z) and Conservation Commission. The project hit a stumbling block in obtaining sanitary sewer service for the project.

Avalon Bay Communities, Inc, however, plans to resubmit new applications after securing access to sewers from the Water Pollution Control Authority (WPCA).

Avalon’s withdrawal resulted in the cancellation of a P&Z public hearing on the application that had been scheduled for October 7, as well as cancellation of a Conservation Commission public hearing, which was scheduled for October 13.

In October 6 letters submitted to the P&Z and Conservation Commission, Attorney Joseph P. Williams, representing Avalon, wrote “The reason we are withdrawing the applications is to allow us to secure access to the sewer system prior to engaging the (commissions and their staff) in a review of other aspects of the applications. It is Avalon Bay’s intention to resubmit its applications after working out the wastewater disposal issue.”

Avalon wants to discharge wastewater from the proposed complex at 178 Mt Pleasant Road into a sewer line planned for Hawleyville.  That sewer line is planned to serve economic development projects such as The Homesteads at Newtown, a 298-unit elderly housing complex planned for a site adjacent to the Avalon property.

After a review of the Avalon development proposal, however, the Economic Development Commission (EDC) and the first selectman found that Avalon does not constitute “economic development” as defined by the town. Also, most of the Avalon development site lies outside of the Hawleyville sewer district.

Mark Forlenza, a senior development director with Avalon, said Thursday the company needs time to work out wastewater disposal issues with the Board of Selectmen and WPCA. (See separate story.) “We’re committed to building an apartment community in Newtown,” he said. The firm will provide the town with the various technical information related to sewers that it has requested, he said.

Mr Forlenza said it is unclear how long it will take for the company to return to the P&Z and Conservation Commission with new plans.  He said he hopes new submissions are made before next spring. “There probably will be modifications,” he said, adding, though, that the scope of a revised proposal is unclear.

Avalon representatives met with the Board of Selectmen October 4 to explain its then-pending 304-unit development proposal.

The town has an agreement to discharge up to 150,000 gallons of wastewater daily from the planned Hawleyville sewer system via Bethel sewer lines to the Danbury sewage treatment plant. Avalon has estimated that the proposed 304-unit apartment complex would need 69,000 gallons of wastewater capacity daily.

Avalon is asking the town to negotiate with the City of Danbury to secure the sewage disposal capacity that the firm requires. The company is offering to cover all costs for the sewage treatment capacity it needs, plus more treatment capacity than it needs, to provide a net gain in sewage treatment capacity for the town.

First Selectman Herbert Rosenthal told Avalon representatives he would be more inclined to consider Avalon’s request that the town obtain added sewer capacity for Avalon, provided that the company abides by the town’s existing regulations on affordable housing, which would allow four housing units per acre, or a maximum of 100 units on its 40-acre Hawleyville site.

As part of its application that was withdrawn from P&Z consideration, Avalon had proposed rewriting the zoning regulations to allow its complex to have much higher construction densities than currently allowed by the zoning regulations.

Avalon proposes that 76 of the 304 units be designated as “affordable housing.” Mr Rosenthal said he favors affordable housing, but added the town already has regulations on affordable housing that Avalon could use for its project. Those rules would allow up to 100 apartments on the site.

Mr Rosenthal has expressed concerns that if the town helps Avalon obtain added sewage treatment capacity, Avalon might then sue the town if the P&Z denies its development application because the application does not meet existing town zoning regulations.

The selectmen decided to have Mr Rosenthal discuss the development project with Avalon and have him return to them with recommendations on how to handle Avalon’s request for additional sewage treatment capacity.

When Avalon submitted its development proposal to the town in late April, it provided simultaneous applications to both the P&Z and Conservation Commission without first having had “pre-development conferences” with town land use staff to discuss specifics of the project. Such conferences are customary for major applications. When the firm returns with revised applications in the future, it is expected to have such pre-development conferences.