River Road condo developer appeals Shelton P&Z denial

SHELTON — Developers of a condominium development off River Road have not given up hope of expanding on what has already been approved on the site.

Daybreak Ridge, LLC, has appealed the Planning and Zoning Commission’s denial of an application for a Planned Development District at 84 River Road to allow construction of an additional 28 units.

Daybreak Ridge, LLC, is presently constructing 36 condominiums — dubbed Daybreak Ridge — at the site. The developers’ application for the zone change of the 12.39-acre parcel to a Planned Development District would have nearly doubled the project’s size, drawing the ire of nearby residents and even commissioners.

“In addition to the appeal, my client is reviewing his other options for the development of the remainder of the property,” said attorney Dominick Thomas Jr., who represents the developer and filed the appeal on March 1 in Milford Superior Court.

The Planning and Zoning Commission’s denial resolution stated that “there was no Commission support for the increase in development density and intensity” at the location.

Commissioners also expressed their opinion that the single, existing, non-conforming restaurant across the street from the site does not justify PDD eligibility of the site, the resolution stated.

The appeal states that the commission based its denial on an “illegal interpretation” of the zoning regulations that a PDD was not permitted on the property, stating that the site does comply with the requirements.

The developers’ representatives sought a PDD for the site, saying it was a transition location between commercial — specifically the restaurant on River Road — and residential.

But commissioners decided that the site is not positioned in a transitional area and “the current 36-unit proposal provides adequate transition from the solitary non-residential restaurant use to the adjacent residential development without the subject proposal.”

Accordingly, the resolution states there are no other conditions that would appear to grant eligibility to the subject site for development as a PDD.

The resolution also noted that commissioners voiced concern about the potential for increased traffic caused by an increase in development size on an already busy River Road.

The commissioners also were concerned about the difficult topography and grades, negative impacts on abutting properties and the increase in density from 36 to 64 dwelling units, saying these issues “are not desirable and do not support the proposal.”

“The claim of the (commission) that the project would have a negative impact on the surrounding area was not based on any credible evidence in the record since the (commission) had already approved 36 condominiums on the property by special exception permit,” the appeal states.

The latest application faced opposition from neighbors, who raised concerns about potential blasting, increased traffic and what they called the detrimental impacts of the growing density on site.

The commission initially granted a special exception for the project, allowing for 34 condo units in 2019. In September of 2021, after initial excavation and regrading of the site, the developer found that more usable space was created and returned to P&Z, successfully seeking approval of an additional two units, bringing the total to 36, which was the maximum eligible number originally sought.

At the time of the approval in 2019, zoning consultant Anthony Panico said he received “good cooperation” from the developers, who agreed to several alterations to try and satisfy commissioners’ concerns, especially the proximity of units to the rock face.