Edona Commons—

Condo Complex Coming To Sandy Hook Center

By Andrew Gorosko

The town is in talks with a Danbury development firm about its plans to construct the controversial 26-unit Edona Commons condominium complex on Church Hill Road in Sandy Hook Center.

Planning and Zoning Commission (P&Z) Chairman Lilla Dean told P&Z members on May 5 that town officials had met with representatives of Dauti Construction LLC earlier that day concerning the developer’s plans to return to P&Z for a final approval of the project for 95 and 99 Church Hill Road.

Dauti plans the residential complex for a steep, rugged 4.5-acre site. The project would include eight units of “affordable housing.”

In March, the Connecticut Supreme Court decided against allowing the town to appeal a recent Connecticut Appellate Court decision favoring Dauti, in effect, permitting Dauti to proceed with its plans to construct the complex.

The town had sought to have the Connecticut Supreme Court consider an appeal of a Connecticut Appellate Court decision, but the Supreme Court on March 24 decided against hearing such an appeal, in effect, letting stand the Appellate Court’s decision on the Dauti case. That Appellate Court decision supported a preceding Superior Court decision that Dauti had won against the town in seeking to get the condo complex built.

Ms Dean told P&Z members that Dauti has hired a new architect for the project who is expected to produce somewhat different designs for the complex.

George Benson, town director of planning and land use, said town officials asked Dauti representatives to modify the designs for the project to make the planned structures more attractive. Dauti has agreed to submit the architectural designs to the town Design Advisory Board (DAB), Mr Benson said.

Such a project would normally not be required to undergo a DAB review. The town formed the DAB to review the aesthetic aspects of architecture and landscaping proposed for commercial development projects within the town’s three “design districts.”

Mr Benson told P&Z members that the Supreme Court’s recent action will require P&Z to approve the 26 condo units planned by Dauti. A public hearing on the matter will not be held, he said.

“They are anxious to proceed” with the project, Ms Dean said. She said she hopes that the developer would make certain design changes to its project, but added that the P&Z does not the authority require such changes in light of the court decision.

The Appellate Court is requiring Dauti to make certain changes to the plans for Edona Commons, so that physical features of the affordable dwellings are similar to the features of the market-rate dwellings. Those revisions would include some design changes for bathrooms and closets.

Attorney Timothy Hollister, representing Dauti, said May 12 that the developer would work to prevent stormwater erosion at the site by limiting tree removal there. Mr Hollister said Dauti representatives plan to attend the P&Z’s May 19 meeting to discuss the project.

Last December, following lengthy review, the Appellate Court ordered P&Z and the Water & Sewer Authority (WSA) to approve the Dauti proposal to build the condo complex, provided that suitable modifications are made to the plans.

Dauti had filed Superior Court appeals against the P&Z and the WSA in 2007, after both those agencies had rejected the Edona Commons development proposal.

In the 26-unit project, eight of the dwellings would be designated as affordable housing and be sold to eligible families at prices significantly lower than the market-rate condo units in the complex.

Dauti had applied to the town for the Edona Commons project under the terms of the state’s Affordable Housing Land Use Appeals Act. Under that law, applicants for affordable housing projects that are later rejected by municipal agencies gain certain legal leverage in getting those projects approved through court appeals. Only public health issues and public safety issues are considered justifiable reasons for a land use agency to reject an affordable housing project.

Dauti’s various controversial proposals for developing the site with high-density housing, which date back to 2003, have drawn strong opposition from nearby residents who have criticized the proposals as being too intensive for the site.

Nearby residents have objected to the complex, charging that it would be too dense a development, it would be unattractive, and it would generate much traffic in an already congested area.

P&Z members have generally criticized the Edona Commons proposal because the project would require many existing town zoning regulations on affordable housing to be modified to allow the construction of a much more densely developed project than the zoning rules would otherwise allow.