Supreme Court Denies Stratford's Appeal Against Affordable Housing Development [UPDATED]

Updated Dec. 14

The Connecticut Supreme Court has denied the town's appeal of an appellate court's decision favoring a proposed affordable housing apartment complex on Cutspring Road, it was announced at a zoning commission meeting this week.

"There's no action required of us to go on," Chairman Chris Silhavey said concerning the next move.

Town officials have said the development proposed by AvalonBay Communities poses risks to the environment and to public safety (see last few paragraphs of original story below).

The Connecticut Supreme Court's decision to deny the appeal supports the appellate court's ruling that the town's concerns do not outweigh the need for more affordable housing in Stratford.

Wetlands Board Votes to Appeal AvalonBay to Supreme Court (from July 21)

The Stratford inland wetlands and watercourses commission (IWWC) voted Wednesday to authorize its lawyer to appeal an appellate court decision favoring AvalonBay Communities' proposed apartment complex on Cutspring Road.

The commission's move authorizing an appeal to the Connecticut Supreme Court comes on the heels of the same action made by the zoning commission and the Town Council, which is an environmental intervenor in the case.

The vote came after a discussion on legal strategy during a closed-door executive session at the IWWC's meeting July 20.

AvalonBay first proposed a 160-unit apartment complex in 2000, but the wetlands and zoning commissions both denied its applications.

The company returned in 2001 with a 146-unit proposal, which also was denied by both boards. That led to the court appeals, and in 2002, the Town Council joined the case as an environmental intervenor.

A complicated tangle of appeals ensued that traveled all the way to the Connecticut Supreme Court and back down to the trial court.

In 2008, AvalonBay attempted to break the impasse by proposing a 130-unit plan, but that also was denied.

But earlier this month, town officials learned they lost again at the appellate court level. If the Supreme Court accepts an appeal, it will be the second time the case will have reached the high court.

Normally, an appeal must be filed within 15 days, but the two sides agreed to a 60-day extension expiring at the end of September, to give them time to try and negotiate a settlement.

"We're going to see what they're going to do next," IWWC Chairman Ronald Hojdich said on Wednesday.

"Our main concern is the protection of the surrounding wetlands," he said.

The IWWC maintained that erosion and blasting during the construction of the apartment complex would cause environmental damage to Pumpkin Ground Brook and adjacent wetlands.

The zoning commission denied the project because town officials say fire engines could not pass under a low overpass bridge for the Merritt Parkway on Cutspring Road.

But the appellate court agreed with the developer that the fire engines could pass through the overpass if they carefully drive down the center of the road where the bridge clearance is highest.

Since AvalonBay filed its applications under the state's affordable housing law, the commissions' objections had to outweigh the need for more affordable housing. The appellate court ruled they did not.