A developer is moving forward with plans for a 32-unit affordable housing project after an out-of-court settlement in its lawsuit against the town.
The town of Berlin initially rejected 1906 Berlin Turnpike LLC’s proposal for 52 units after residents complained about high density, more traffic on on the Berlin Turnpike , and extra financial burden on tax-supported town services, particularly the school system.
But after that rejection in November 2024, the company took Berlin to court saying its planning and zoning commission’s vote violated the law.
The company, run by Cromwell builder Patrick Snow, had applied under Connecticut’s 8-30g law that’s intended to stimulate expansion of affordable housing in communities with less than 10% of their houses, apartments and condos qualifying as affordable.
The court never got to to rule because the two sides announced a settlement this summer that limits the number of apartments to 32.
The layout for Spruce Brook Apartments in Berlin. (Courtesy of Town of Berlin)
Snow’s company bought the nine-room Plaza Motel at 1906 Berlin Turnpike for $400,000 and planned to replace it with an apartment complex. Last winter it evicted the motel’s last tenants and then demolished the 71-year-old building.
The plan is to build Spruce Brook Apartments on the 2.6-acre tract, but with fewer units the new version will cover less ground than the original.
Snow plans 12 two-unit buildings and two four-unit buildings. There will be 13 one-bedroom apartments, 16 two-bedroom units and three three-bedroom models.
The out-of-court agreement doesn’t follow all 8-30g rules, but as a settlement it doesn’t have to. Under 8-30g, developers must set aside 30% of their units as affordable for a minimum of 40 years. Of those set-aside apartments, half must go to people earning no more than 60% of the area’s average median income, and the other half are for tenants making up to 80%.
The deal with 1906 Berlin Turnpike requires only 20% to meet state affordable-housing criteria, and all of those are at the 80% level. But the company is required to keep them affordable for 50 years, not 40.
The seven affordable units will include four one-bedroom, two two-bedrooms and one three-bedroom. The site plan shows a mix of one-bedroom units of 550 square feet, 650 square feet, 800 square feet and 850 square feet. Two-bedroom units with garages will be either 1,100 or 1,300 square feet, and the three-bedroom models will go from 1,360 square feet to 1,460.
Snow’s original proposal was 52 units with 30% set aside for affordable rents.
The planning and zoning commission turned that down saying it didn’t require open space or resident amenities, came too close to the street and side properties, and was excessively dense.
Commissioners contended that outweighed the town’s need for affordable housing and met the standard for a “no” vote on an 8-30g project. The law requires a town to prove the project would cause a “substantial” danger to public health and safety, and that those interests couldn’t be protected by reasonable changes to the development plan.
The state reported in 2023 that Berlin had 8.45% affordable housing. The 8-30g law applies only to communities with under 10%.
