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Timeline: Stratford vs AvalonBay

Sep 2000 AvalonBay submits initial applications;
Formation of Stratford Open Space Association (S.O.S.A.).
Fall/Winter 2000/2001 Zoning, Wetlands Commissions conduct public hearings.
Spring 2001 Zoning, Wetlands deny applications.
Summer 2001 AvalonBay submits revised proposal;
Public hearings on revised application.
Dec 2001 Revised applications denied.
Dec 2001, Jan 2002 AvalonBay appeals decisions in State Court.
Winter 2003 Ongoing Pre-Trial Negotiations.
May 2003 Zoning Commission rejects pre-trial settlement offer; case goes to trial.
April 2004 Final arguments presented in Zoning case; decision to be rendered no later then the end of July 2004.
May 2004 AvalonBay files new application with Inland/Wetlands;
Hearings scheduled for July and September 2004.
August 2004 Superior Court decision upholds the Zoning Commission denial to build.
October 2004 Inland/Wetlands Rejects May '04 Application;
Cites the same concerns about environmental damage to site

AvalonBay Submits Original Application

In September, 2000, AvalonBay Properties, Inc, submits an application to build a rental apartment complex under the controversial Connecticut "affordable housing" law, State Statute 8-30g. It proposes to construct 160 units in 6 buildings on 12 acres of wooded wetlands just north of the Merritt Parkway underpass in North Stratford at the corner of Cutspring Road and Pumpkin Ground. The application immediately inspires furious opposition from town residents and local officials alike who object to the project on common sense, safety, environmental, and a host of other reasons. The Stratford Open Space Association (S.O.S.A.) forms to coordinate the grass roots effort to kill the proposal.

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Zoning/Wetlands Hold Public Hearings

Throughout the late autumn and winter of 2000/2001, the town Inland Wetlands and Zoning Commisions hold a series of public hearings regarding the AvalonBay proposal, many of which last until well after midnight. In order to accomodate the overflow crowds, the venue must be changed from the council chambers at the Town Hall to the Stratford High School auditorium. Speaker after speaker voice their concerns and condemn the project as dangerous, overly dense, poorly planned, ill-advised, unsightly, environmentally disruptive, costly to the town and its taxpayers...and the objections went on and on.

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Zoning Commission Denies Original Application

At a public hearing on May 3, 2001, the Zoning Commission denied all three elements of the AvalonBay affordable housing application. The developer sought
  1. to create in Stratford a mixed income housing zone
  2. to change the zoning map for the nearly 12 acre parcel in question to the new zone, and
  3. permission to build 160 rental units on the site in the new zone.

Zoning Adminstrator Gary Lorentson read from an 8 page report that cited reasons for denial on the following points:

  • inadequate fire safety features within the development itself
  • traffic safety and congestion concerns in the area of town near the development
  • inadequate traffic circulation and parking plans within the development itself
  • the overall density of the development
  • suitability of the wetlands for a construction project of this magnitude
The report also addressed the affordable housing issue. It held that the need for affordable housing in Stratford does not outweigh the public safety concerns raised by a project of this size in this location. Therefore the commission was "not compelled to make exceptions" to zoning regulations. The report also noted that other developers had submitted better plans for providing affordable housing stock.

To that extent, Lorentson stated that families earning less than 60% of the area's median income were those most in need of housing. The units at the proposed AvalonBay project would only be affordable for those earning more than that.

In the report the commission suggested that AvalonBay modify the existing application to conform the the commission's recommendations, or submit a new application that would be better suited to the surrounding ecosystem and neighborhood.

The Zoning decision as covered by The New Haven Register

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Wetlands Commission Denies Original Application

The Inland Wetlands Commission voted unanimously to deny the AvalonBay application at a meeting on April 4, 2001, at the Board of Education building. The commission voiced several concerns, among them were that the project was overly ambitious in scale, it was not fitted to the terrain, and would inflict significant negative impact on the surrounding ecosystem.

At one point commission chairman George Katinger stated that all the blasting proposed by the developer to remove bedrock from the site--some 50 to 60 thousand yards of rubble--would amount to "carnage" and would be the "environmental equivalent of war".

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AvalonBay Submits Revised Proposal

During the summer of 2001, AvalonBay Properties, Inc., submitted revised plans for its proposed affordable housing project. (The original application was denied by both the Inland Wetlands and Zoning Commisions.) It seeks approval under State of Connecticut affordable housing legislation to build 5 rental apartment buildings and a total of 146 units. 37 of those would be made available as so-called "affordable" under the plan. The original plan called for 6 buildings and 160 units. The new application also claims to reddress issues raised by the Zoning and Inland Wetlands Commissions in their denials of the original applications. We hold that it is in essence the same proposal dressed in different clothing.

The revised proposal calls for a paved road to connect Circle Drive to the development. Circle Drive is a narrow, semi-private, non-conforming road that already has difficulty accomodating 2-way traffic. AvalonBay also proposes to tap into the storm drainage system that runs into the Cutspring, Linton, Chesire, and Meadow Wood system. This area is already prone to flooding during heavy rain. They plan to connect to the sanitary sewer on Circle Drive. This system was engineered to accomodate fewer than 50 single-family homes. Should the application be approved, capacity will be greatly exceeded.This nearly 12 acre parcel includes forest and wetland areas, and is zoned for single-family dwellings. Follow this link to find a lengthy list of concerns for local residents.

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The July 12, 2001 Zoning Commission Hearing

The Zoning Commission conducted a public hearing on July 12, 2001 dedicated to the revised AvalonBay application. Health and safety issues continue to dominate the town's opposition to the project, in particular the fires which have raged at Avalon properties with alarming frequency. Town Attorney Kevin Kelly submitted to the committee a video of channel 12 news coverage of a fire in May at AvalonGates in Trumbull. Members of the audience gasped as the video showed gigantic flames leaping into the sky high above the burning rooftops. Fire fighters from several towns had to battle the blaze for several hours.

Prior to Kelly's presentation, an Avalon representative claimed that the sprinkler systems installed in their properties are sufficient to contain any fire. The video proved two things: AvalonBay is wrong about the ability of the sprinklers to quelch a fire in a building of such construction, and that they have a significant credibilty problem when it comes to claims that they pay adequate attention to safety features in its developments.

Attorney Kelly continually stressed that the need for affordable housing--a goal to which the town is committed--does not, however, compel the town to permit the construction of an unsafe, overdense, poorly planned development.

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It's Unanimous:

Zoning, Wetlands Commissions Deny Revised Application on All Counts

The Zoning Commission voted unanimously on Tuesday, December 18, 2001, to deny AvalonBay's revised application. Read an excellent overview of the opinion in the Stratford Star.

On Tuesday, December 11, 2001, the Inland Wetlands Commission unanimously voted to deny AvalonBay's revised application. To read an article regarding this decision, please click here.

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Town's Official Denial Documents

You will need Adobe Acrobat reader to see these files.

  • Read the official Wetlands denial document by clicking here.
  • To see a copy of the entire Zoning denial, click here.

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AvalonBay Appeals

This Time in State Court

AvalonBay Communities, Inc, has filed suit in Connecticut Superior Court to appeal both the Inland Wetlands and Zoning commissions' denials of their application. The suit against Wetlands was filed on December 21, 2001; Zoning on January 3, 2002.

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Zoning Commission Rejects Pre-Trial Settlement

Case Remanded to State Court

In May 2003 the Zoning Commission voted 5-0 against accepting a pre-trial offer to settle the AvalonBay case. The Commission had been engaged in court-ordered pre-trial negotiations with AvalonBay. But due to overwhelming vocal opposition from town residents opposed to the project, the Commission decided against accepting the offer.

We will report the details as they become available.

Watch this site to learn of all matters relating to these important hearings.

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