Developer sues Berlin after affordable housing plan rejected

Says spurning of proposal breaks state law 8-30g, protecting projects including affordable housing

Developer says town planners illegally rejected its plan to tear down Berlin Turnpike Motel and build a 52-unit apartment complex with 16 set aside as affordable housing.

A developer is suing Berlin, saying town planners illegally rejected its proposal to tear down a small Berlin Turnpike Motel and build a 52-unit apartment complex with 16 set aside as affordable housing.

1906 Berlin LLC contends the town violated Connecticut’s 8-30g law by turning down its project without proving that it would cause significant risk to public health or safety.

The Cromwell-based company proposed a 52-unit apartment complex with 30% of the units set aside as affordable housing.

The plan went through several hearings in the summer and fall before the planning and zoning commission voted it down in November.

Typically, a “no” vote would end the process for market-rate apartment projects. But Connecticut’s 8-30g law strictly limits the reasons that towns can cite when rejecting a plan with 30% or more affordable housing.

The law is intended to expand the supply of affordable-rate apartments in communities with a significant shortage; it applies in towns or cities where less than 10% of all housing qualifies as affordable under state definitions. In practice poorer cities such as Bridgeport and New Britain aren’t affected, but rural towns and wealthy suburbs are.

Berlin reported that it had 9.02% affordable housing as of 2021, and 1906 Berlin contends that its level now stands at 8.8%.

Under 8-30g, developers get to propose projects that are essentially exempt from local zoning regulations.

Zoning commissions bear the burden of proof to justify a rejection, and can base such a decision on only a narrow range of reasons by showing the project raised health and safety concerns substantial enough to outweigh the need for affordable housing. The town also must demonstrate that

the risks can’t be resolved by “reasonable changes” to the plan.

1906 Berlin’s lawsuit in Hartford Superior Court contends that the town failed to meet those standards.

“The commission’s decision fails to identify and quantify an actual harm to a substantial public interest in the health, safety or other matters that the commission may legally consider,” according to the suit.

Attorney Christopher Smith of the Alter & Pearson firm is asking the court to order the approval of the company’s zoning application and to award legal costs.

Attorney Jennifer Coppola, who represents the commission, and Town Manager Arosha Jayawickrema did not return messages.

The principal in 1906 Berlin is Pat Snow, founder of Premier Building & Development, which has completed office, retail, multifamily and one-family residential projects in Cromwell, Newington, Bristol, Berlin and New Britain.

Snow’s plan is to demolish the nine-room Plaza Motel, which dates to 1954. His company bought it for $400,000 last year, and paid $300,000 for a small house and cottage next door.

In their place, Snow wants to construct Spruce Brook Apartments on the roughly 2.6 acres. It would have six buildings with a total of 26 one-bedroom and 26 two-bedroom units along with 87 parking spaces.

Eight apartments would be set aside for tenants who earn less than 80% of the state median income, and another eight would go to people who earn less than 60%.

The 8-30g law requires developers to commit to those set-asides for at least 40 years.

Numerous Berlin residents objected during a series of hearings, saying the density is too high and the apartments would be too close to the turnpike. Some also complained that the project would likely mean more children attending Berlin schools, putting additional strain on the education budget.