110 More Condos Approved For Walnut Tree Village

By Andrew Gorosko

The Planning and Zoning Commission (P&Z) has approved the controversial expansion of Walnut Tree Village, which will increase the Sandy Hook condominium complex from 80 units to 190 units.

P&Z members August 17 voted 4-to-1 to expand the complex intended for people over 55, with Chairmen Daniel Fogliano, Stephen Koch, Lilla Dean, and Robert Taylor voting in favor, and member Heidi Winslow opposed.

Plans to expand Walnut Tree Village from 80 units to 190 units had drawn stiff criticism at a June public hearing from nearby residents. They objected to the project on several counts, and in some cases asked the P&Z to reject the construction proposal from Louis DeFilio and George Trudell, who do business as Walnut Tree Developers.

The expansion project is a scaled-down version of a 133-unit expansion proposal that the P&Z had rejected in November 1999. The revised application addresses issues raised by the P&Z in its initial rejection.

The developers plan to build 110 new condos on a rugged 35-acre site on Walnut Tree Hill Road adjacent to the 18-acre site where 80 condos now stand. Unlike the 18-acre site, which is relatively level, the 35-acre site is steep and poses a more complex construction project than did the 18-acre site.

Commenting on the scaled down expansion project, Mr Fogliano said, “This plan is significantly better than the previous one.”

Ms Winslow said she opposes the project because some of the condominium units will have walk-out basements. Ms Winslow said allowing walk-out basements in housing for the elderly is inconsistent with the intent of the town zoning regulations, which require such housing to be built on one level. Ms Winslow said she opposes the expansion project solely for that reason. Other than the walk-out basement issue, the revised expansion plans are an improvement over the previous expansion proposal, she added.

In 1999, P&Z members and the developers became embroiled in a controversy over the creation of walk-out basements in some of the 80 condos in the initial phase of the complex without first having gotten direct approvals from the P&Z to do so.

Also, the developers had made various design changes to the initial 80-unit phase without first having received direct approvals from the P&Z to do so, resulting in the developers then having to seek P&Z approvals for those changes after the fact.

A controversial aspect of the after-the-fact approvals involved the developers’ need to correct the geometry of an incorrectly cut rock face, which posed falling rock hazards to some nearby condo units.

At the August 17 P&Z session, Mr Fogliano acknowledged that although the development site has EH-10 zoning, which is designated for multifamily housing for people over 55, he is “not thrilled” with the site. The site is a steep hillside east of Walnut Tree Hill Road, west of Dayton Street, and north of Church Hill Road.

“If we’re going to have EH-10 [zoning] here, this is probably as good a plan as we’re going to get for this property,” he said.

 Mr Fogliano recommended that the P&Z place limits on construction hours at the site in view of neighbors’ concerns that it will take several years to build the 110 condo units.

Ms Dean then suggested to the developers that they eliminate two planned condo buildings near a hilltop, which hold a total of 13 units.

Conditions

 In approving the expansion project, P&Z members placed several conditions on the construction.

The developers must hire a geotechnical engineer to monitor rock cuts to ensure that the rock cuts are appropriately designed, are stable, and will not become physical hazards after construction is completed. The engineer must submit regular reports to the town land use staff documenting safety measures.

The developers must conduct weekly inspections of sedimentation and erosion control devices on the site. Following rainfalls of one-tenth of an inch or more, the developers must inspect the devices within 24 hours.

Walnut Tree Developers must install a new chain-link fence along the site’s western boundary near some cliffs, to protect residents and their visitors.

The walkout basements in the new condos must not have any sliding doors or windows, only solid doors.

Work hours on the construction site are limited to 7 am to 6 pm on Mondays through Fridays, and 8 am to 5 pm on Saturdays. Construction is prohibited on Sundays.

A clubhouse, which is planned as part of the expansion project, must be built during the first half of the project.

Developers’ View

Mr DeFilio said August 23 that Walnut Tree Developers plans to start construction on the expansion project August 28.

“Everything’s poised for Monday morning,” he said. The P&Z approval of the expansion project takes effect Monday.

Mr DeFilio said he expects the 110 new condo units to be completed by the end of 2003, with the first new units occupied by March 2001. “We will be working all winter,” he said.

“We’re going to start building next week, and we’re not going to stop until it’s completely built out,” he said.

Mr DeFilio said the developers have received commitments for the purchase of about 25 new condo units. He said the developers do not plan to build any condo units on speculation, but instead plan to build all condos as “custom” units to the specifications of buyers.

Prices for the new condos will start at $200,000, he said, adding that units will range up to $275,000, depending on how they are equipped.

Condo buildings will contain between four and seven units. Units will range in size from 1,030 to 1,450 square feet. Optional features will include screened porches, extra windows, dormers, and cathedral ceilings. The buildings are designed as New England style capes with earth-toned clapboard exteriors.

“The reaction and response to our [construction] approval has been overwhelming,” Mr DeFilio said, adding there is much interest in the expansion project.

 “There’s been a need for this kind of housing for a long, long time,” he said. “We are excited and thrilled that we are the guys to provide alternative housing in Newtown,” he said. Walnut Tree Village is the town’s first condominium complex, having received its initial P&Z approval in 1995.

Walnut Tree Developers began planning work on the expansion project when it acquired the site for the project in 1996, Mr DeFilio said. The developers submitted initial expansion plans to the Conservation Commission in late 1998.

Mr DeFilio said he expects that as the expansion project progresses, the developers will return to the P&Z for amendments to their special exception to the zoning regulations. “It’s a long project. It’s a big project,” he said.

When completed, the entire 190-unit Walnut Tree Village will have a value of $40 to $45 million, Mr DeFilio said.

Opposition

Condo expansion project opponents told P&Z members at a June public hearing that the developers did not have the legal standing to expand the complex. Opponents cautioned that the project would involve blasting, create steep slopes, cause drainage problems, result in poor motorist sight lines, and would worsen existing traffic problems on Walnut Tree Hill Road.

Opponents charged that the site has an insufficient accessway under the zoning regulations. Opponents also charged that the site planned for the expansion project is technically a separate site from the site of the existing 80 condo units, posing legal problems.

Opponents also claimed the expansion project is not in harmony with the general character of the neighborhood. They added that the expansion project would substantially impair nearby property values, create additional traffic hazards on existing streets, and create health and safety hazards.

Walnut Tree Developers countered the various criticisms, pointing out that the revised expansion application addresses the issues which the P&Z had raised in denying the initial expansion proposal.

In rejecting the initial expansion proposal in November 1999, the P&Z stated the developers proposed too much physical disturbance of the site, involving too much earthen cutting and filling.

In the revised expansion project, the grading is gentler and some proposed buildings have been removed. The revised plan reduces the number of condo units planned for an area near a ridge top.

Following the rejection of the initial expansion proposal, the developers had four conferences with town land use officials to determine what would make for an acceptable development plan.