Turned down by one affluent Connecticut town, a developer is looking at another.
Snubbed by Bethel in its bid to put up what it calls “attainably priced” apartments, Vessel Technologies this month sued the affluent Fairfield County suburb and also revived its plan to build in West Hartford — but this time proposed a taller, bigger project.
The NY-based developer claims Bethel violated Connecticut’s 8-30g affordable housing law and illegally caved to neighbors who opposed multifamily housing.
The company’s new lawsuit is the third case it’s actively pressing against wealthy Connecticut communities that turned back its proposals to build multi-story, prefabricated and high-density buildings. In each case, the New York-based developer contends local zoning boards illegally rejected projects that were protected under 8-30g.
Vessel’s plans during the past three years have breezed through in communities including Avon, Cheshire and New London, but hit neighborhood pushback in others. It simply dropped its proposals in Granby and Manchester after public objections, but won compromise deals after taking Simsbury and Rocky Hill to court.
Vessel bills itself as a creator of innovative, high-tech multifamily housing for the modern era, with a heavy emphasis on ultra-efficient appliances along with smart lighting, climate control and security systems.
A short construction timeline with relatively low costs mean Vessel’s apartments can provide fresh housing with cutting-edge features to middle-income and lower-middle-income workers like entry-level teachers or police, medical assistants, public works employees and others, the company says.
Critics in several towns, though, pan its modular, virtually identical buildings as starkly modernistic, with cookie-cutter architecture and no connection to existing neighborhoods.
They complain the company focuses too much on high density development with inadequate parking.
In the spring, Vessel abruptly dropped its proposal to build 108 apartments in two four-story buildings on the site of an abandoned Highland Street nursing home in West Hartford. Neighborhood opposition was strong, and town officials raised questions about the design’s fire code compliance.
At the time, the town signaled it would work with Vessel to find a different location.
“We appreciate Vessel’s responsiveness and their willingness to work in partnership with our town staff. Vessel graciously offered to withdraw its application without prejudice, and we agreed to work in collaboration with Vessel in advancing our shared commitment to affordable housing,” Town Manager Rick Ledwith said in April after Vessel dropped its initial plan.
This month, the company surprised town officials by submitting a revised version of its original plan for the same property. The initial request was for two four-story buildings with 108 apartments; the new one expands them to five-story buildings with a total of 120 units.
A letter from Vessel’s attorney emphasizes the application is filed under 8-30g, the state law that frees affordable housing developers from most local zoning rules in communities where less than 10% of housing is considered affordable. The Vessel application contends that less than 9% of West Hartford’s housing meets that standard.
The town this week issued a distinctly colder statement, saying “West Hartford is carefully reviewing this application to determine the appropriate process under state law and local ordinance. West Hartford has a long record of supporting and advancing affordable housing and remains committed to that goal. At the same time, the town will conduct a thorough review to ensure that all health, safety, and community standards are fully considered.”
The company proposes to build 102 one-bedroom apartments, 13 two-bedroom models and five three-bedroom units.
In all, 30 would be restricted for the next 40 years as “affordable,” meaning rents would have to stay in range for people earning less than the region’s median average income. Fifteen of those would go to people making less than 60% of the average, and the other 15 would be for incomes up to 80% of average. The remaining 90 apartments could be leased at market rates.
The company’s application includes a letter from Versteeg Associates, a Torrington-based buliding safety code consultant, stating that the plans meet state fire code and building code standards.
Also this month, Vessel attorneys sued to overturn Bethel’s rejection of the company’s plan in that town. The company contends Bethel ignored evidence last month when it turned down the proposal for 75 small apartments in a five-story building.
Vessel has been in court against Newtown since April, and the company previously sued two other communities on 8-30g complaints, winning a partial victory in Simsbury and working out a favorable out-of-court settlement in Rocky Hill.
The state Appellate Court meanwhile is considering a case between Vessel and Glastonbury. The town’s zoning board rejected the plan for an apartment complex there, but a Superior Court judge sided with Vessel and it appeared that the company would be able to build.
But Glastonbury appealed the decision, and the Appellate Court is still reviewing it.