The town of Berlin’s Planning and Zoning Commission has approved a stipulated judgment with a developer who appealed the commission’s denial of a proposed 52-unit affordable multifamily development under the state’s 8-30g statute. The settlement allows the parties to resolve the dispute without either side admitting liability or fault. Called Spruce Brook Apartments, the proposed […]
The town of Berlin’s Planning and Zoning Commission has approved a stipulated judgment with a developer who appealed the commission’s denial of a proposed 52-unit affordable multifamily development under the state’s 8-30g statute.
The settlement allows the parties to resolve the dispute without either side admitting liability or fault.
Called Spruce Brook Apartments, the proposed workforce housing would be on the site of a former motel, which has been demolished, at 1906 Berlin Turnpike. Originally, the plan included 16 affordable housing units.
The stipulation allows the developer — Patrick Snow, principal of Cromwell-based 1906 LLC — to build 32 units on the property, of which seven, or 20%, would be set aside as affordable.
On Aug. 7, the commission unanimously approved the court-ordered agreement with 1906 Berlin LLC.
The developer appealed the commission’s Nov. 6, 2023, denial of his application in Superior Court.
The complaint, filed Dec. 11, 2023, noted that 8.8% of the town’s housing stock was affordable — below the 10% threshold that exempts a municipality from the state’s affordable housing law.
8-30g makes it easier for developers whose affordable housing proposals are denied to sue towns, unless the town can prove it denied their application for health or safety reasons.
An affordable housing unit is defined by the state statute as a household with 80% of the applicable median income.
According to the stipulated agreement, 1606 Berlin LLC can build four affordable, one-bedroom units; two affordable, two-bedroom units; and one affordable, three-bedroom unit.
Of the 32 units, 13 will contain one-bedroom, 16 will contain two bedrooms and three will contain three bedrooms.
The town’s planning staff will work with the developer to arrive at a consensus on landscaping, lighting or architectural changes to the plans.
Per the settlement, the town may not withhold approval if the drawings and plans are “in substantial compliance with this stipulation.”
The developer has five years to complete the project.
Either the town or the developer may file a court motion to enforce any part of the stipulation; the prevailing party will be entitled to recover costs and attorney’s fees associated with the enforcement action, according to the agreement.
The developer and the town will pay their own attorney’s fees in connection with the appeal, however.
