Planning and Zoning Commission (P&Z) members are maintaining that because the 26-unit Edona Commons condominium complex's construction plans' call for a concrete sidewalk positioned along the east side of the project's driveway, that sidewalk should be built by the developer.

P&Z members discussed the matter at a May 3 public hearing at which Danbury developer Dauti Construction, LLC, represented by civil engineer Steven Trinkaus, sought the P&Z's final approval on various field changes, which were made to the project's plans after those plans' June 2011 approval by the P&Z.

The plans call for construction of a concrete sidewalk that is 4 feet wide and approximately 280 feet long to link the condos on the project's upper level to the existing sidewalk on Church Hill Road, but the construction firm never built that sidewalk.

The 4.5-acre site at 95 and 99 Church Hill Road holds 18 market rate condos and eight condos which are designated as affordable housing. The affordable units are sold to eligible people at much lower prices than the market rate units.

In a recent letter to the P&Z, Mr Trinkaus wrote that the developer would prefer to allow a lawn alongside the eastern side of the driveway to continue abutting the driveway.

In that letter, Mr Trinkaus wrote, "The sidewalk along the right side of the driveway was not installed. [The] owner would prefer to leave green space in this area. [Condo] residents have been observed simply walking down the side of the driveway from the units to Church Hill Road."

At the May 3 meeting, however, Mr Trinkaus told P&Z members that the developer is willing to install an asphalt sidewalk along the driveway, rather than a concrete sidewalk.

P&Z member Roy Meadows said that considering that the project's plans specify a sidewalk, a sidewalk should be built. Mr Trinkaus again said that the developer is willing to build an asphalt sidewalk.

P&Z member Jim Swift said that having an asphalt sidewalk there would not fit in with the aesthetics of the area.

Both aesthetics and functionality are important aspects of a sidewalk, said P&Z member Ben Toby, noting that Sandy Hook Center's appearance has been upgraded.

"Let's put in a four-foot (wide) concrete sidewalk," Mr Meadows said.

"I will pass that on to my client," Mr Trinkaus responded.

During the planning stages of the project, the presence of a sidewalk was considered to be a safety feature for children, providing a safe place to walk, said P&Z member Robert Mulholland.

After the condo complex was built, the town extended a streetscape-grade concrete sidewalk westward from Sandy Hook Center along the north side of Church Hill Road to meet the condo complex's driveway.

Other Design Changes

Other design changes discussed at the May 3 P&Z session concerned the presence of a very steep grade along a relatively short section of the project's emergency accessway. While the average grade of the 12-foot-wide, 360-foot-long emergency accessway is 14.7 percent, a 22-foot-long section of that accessway has a 19 percent grade, according to Mr Trinkaus.

The P&Z plans to refer the accessway grade issue to fire officials for comment regarding the accessway's usability by fire trucks.

Also, Mr Meadows urged that certain drainage structures at the site be cleared of accumulated debris. Mr Meadows also called for a revised planting plan for the site, noting that the planned placement of plants has not been followed. Dauti did not plant 110 trees as specified in the project's construction plans.

Mr Mulholland asked about the details of safety fencing, which is required near a cliff at the site that overlooks Dayton Street.

Mr Trinkaus said he will address the various issues raised about the project's not meeting its approved construction plans.

P&Z members agreed to resume the public hearing on Edona Commons at their May 17 meeting.

In 2009, Dauti gained court approval to build Edona Commons after winning lawsuits against the P&Z and Water & Sewer Authority (WSA). Dauti had filed the lawsuits under the terms of the state's Affordable Housing Appeals Act (AHAA).

Dauti had pursued multifamily construction at the site for many years, but those proposals were rejected by the P&Z. Dauti eventually won the construction approval through the AHAA court cases.

The major point of conflict between the P&Z and Dauti involved the suitability of the steep site for a housing complex, as well as the project's construction density, with Dauti opting for higher density and the P&Z preferring lower density.