Just weeks after Bethel planners grudgingly settled a lawsuit by approving Vessel Technologies’ plan to build 72 apartments, the senior planning officials in West Hartford issued a lengthy rejection of the company’s proposal for a similar but much larger complex just a couple of blocks south of Elizabeth Park.
Vessel, which has already sued five Connecticut communities for turning down similar affordable housing proposals, said Tuesday that it was dissatisfied with West Hartford’s decision but isn’t giving up on building there.
West Hartford officials said Vessel’s zoning application was far too vague, noting that floor plans didn’t even specify that each unit would have a bathroom or kitchen — legally required to qualify as an apartment.
A year ago, Vessel had proposed a 108-unit complex on the same property at 29 Highland St., but encountered neighborhood opposition and abruptly withdrew the plan while vowing to return with a more detailed version. Instead, the new 120-unit proposal was missing key information, town officials said in their rejection letter Friday.
The omissions include design details about “features directly related to public health and safety, such as fire-rated separations, materials and assemblies; means of egress; sanitary sewer capacity; and identification, location and configuration of kitchen and bathroom facilities,” Town Planner Todd Dumais wrote. “The omissions also extend to non-life-safety design elements, including interior layouts and site screening.”
Vessel, however, argues that the town didn’t raise objections until it rejected the proposal after staying silent for a two-month-long review period.
In a lengthy letter to the town, Vessel argued that Connecticut’s 8-30g law doesn’t allow communities to reject affordable housing proposals based on speculative concerns but instead must present hard evidence of safety or health threats. The company said it could have answered concerns, but didn’t get the chance.
“Had the town planner or town attorney thought to ask us any of these questions during their more than two-month review of our application, we’d have gladly responded to and resolved them, since most are based on other designs submitted in other towns in recent years,” wrote Josh Levy, executive vice president of Vessel.
“We are pleased to read that Mr. Dumais deems the site appropriate and desirable for multifamily development, and so in our forthcoming resubmission we will confirm that our project in West Hartford will be of a new design and will meet or exceed all applicable life safety codes,” Levy wrote. “With that information in hand, we trust that he will move swiftly to approve this project and provide desperately needed housing to his community.”
West Hartford has emphasized it is troubled by unresolved fire safety concerns over Vessel’s modular construction techniques and uncommon building materials. The New York-based company has been involved in long-running talks with the state fire marshal’s office about whether its unique design meets Connecticut’s building code.
“These concerns are not theoretical. They are borne out by the applicant’s ongoing project in the town of Cheshire, where unresolved safety and code compliance issues have materially delayed construction,” Dumais wrote. “In that matter, the Cheshire building official has issued a ‘Stop All Work’ order and suspended previously issued building, electrical, foundation, mechanical, and plumbing permits for failure to comply with ‘multiple building code requirements.’ ”
Cheshire’s website lists 14 Vessel construction permits as “stopped,” however two permits for electrical work are categorized as “active.” Vessel got Cheshire’s zoning permission two and a half years ago to put up a five-story, 72-unit apartment building; the structure has appeared substantially complete from the outside since last spring, but no tenants have moved in.
“Cheshire is one of Vessel’s first Connecticut projects and is proceeding through standard code review with local officials, the Office of the State Building Inspector (OSBI), and the State Fire Marshal,” Levy said in a message Tuesday. “About 30 questions were raised by the OSBI — far fewer than we would expect for a brand-new design — and most were requests for clarification. All but one or two items have been resolved, and construction is nearing completion.”
Vessel has maintained for several years that it is using innovation to address Connecticut’s housing shortage. It repeated that message last week when after a judge signed off on a settlement of Vessel’s lawsuit against Bethel.
“The American Dream is grounded in having a safe, healthy, secure place to call home, and Connecticut has a shortage of 100,000 to 150,000 homes,” the company said. “Vessel remains committed to partnering across Connecticut to deliver high-quality, affordable homes and expand housing opportunities for generations of future Connecticut residents.”
Its projects set aside 30% of their apartments for affordably priced leases, with the other 70% set at market rates. That’s sufficient to give Vessel protection under the state’s 8-30g law, which promotes affordable housing by stripping away most of the reasons that towns can use to reject developers’ plans.
Vessel is in a protracted 8-30g court case with Glastonbury, and earlier this year sued Newtown. It reached out-of-court settlements with Simsbury, where it is authorized to build a smaller-than-proposed project along Route 10, and Rocky Hill, where it is putting up a five-story building not far from the Sheraton.
The company came under criticism from Manchester and Granby residents over proposals in those towns, and has apparently back away from each. Avon and Cheshire, on the other hand, approved its proposals with little or no pushback.
Vessel has only one Connecticut apartment building operating, a 30-unit structure near the waterfront in New London. When it proposed a five-story, 75-unit project in Bethel in the fall, town officials rejected it. Vessel sued, and in mid-December the town recanted by authorizing a four-story, 71-unit version. At least four of the zoning commissioners who approved the deal announced they were voting yes “reluctantly.”
In West Hartford, there has been a large wave of apartment construction in the past few years. At the same time, the town has been widely praised by state leaders for being receptive to affordable housing.
Town Manager Rick Ledwith said this weekend that the Vessel rejection was based purely on health and safety reasons.
“West Hartford has a well-established and demonstrated commitment to supporting affordable housing, as reflected in the town’s approval of multiple affordable and mixed-income developments in recent years,” Ledwith said. “At the same time, the town has a responsibility to ensure that every housing development meets fundamental standards for health and safety.”