ZBA Rejects Plan For Separate Condo Associations

At Walnut Tree Village

By Andrew Gorosko

The Zoning Board of Appeals (ZBA) has unanimously rejected Walnut Tree Developers’ request for a zoning variance for its controversial Walnut Tree Village condominium complex, through which the developers had sought to create two separate condo associations for the project.

 On the advice of their attorney, ZBA members October 23 turned down the requested zoning variance, finding that the requested relaxation of zoning regulations concerning road frontage on Walnut Tree Hill Road did not constitute a “legal hardship,” and thus was not eligible for a zoning variance, according to town zoning official Jean St Jean.

One of the two entrances to the condo complex has somewhat less than the minimum 100 feet of road frontage required by the zoning regulations, and therefore the developers had sought a zoning variance to waive that requirement for 14 Walnut Tree Hill Road in Sandy Hook. Obtaining such a zoning variance would have legally allowed the developers to create two separate condominium associations for the complex. One association would include the residents of the 80 existing condos. The other would have included the residents of the 110 new condos, which are now under construction. It now appears that all 190 units would be included in one condo association.

Residents of the 80 condos in the first phase of Walnut Tree Village supported the developers’ request for a zoning variance, saying that having two separate condo associations for the eventual 190-unit complex would be more workable than having only one. Residents of the 80-unit complex have said having only one condo association would result in internal strife within the association, pitting residents of the first phase against residents of the 110-unit expansion phase, which is now under construction.

The residents of the existing 80 units say the residents of the two sections of the complex will face different issues due to differing types of condo construction in the two sections, and also due to differing topography. The existing section is on relatively level land while the expansion is on steep land.

The developers have said that having two separate condo associations would make it simpler for them to sell the 110 new units.

The ZBA conducted a public hearing on the developers’ requested zoning variance September 5.

Walnut Tree Village is the town’s first condominium complex. It is intended for people over age 55. In 1995, the developers gained approval to construct an 80-unit complex on a relatively level 18-acre site at 26 Walnut Tree Hill Road, near Evergreen Road.

In August 2000, the developers gained approval to build a 110-unit expansion of Walnut Tree Village on an adjoining rugged, steep 35-acre site at 14 Walnut Tree Hill Road, just south of the existing 80-unit complex. The 110-unit expansion project is expected to take several years to complete.

Representatives of Walnut Tree Developers were not available for comment on the ZBA’s decision to reject their requested zoning variance.

At the September 5 ZBA public hearing, Stephen Wippermann, a vice president of Walnut Tree Developers, pointed out that the residents of the first phase of the complex and the 110-unit second phase of the project will have different needs, and thus should have separate condominium associations.

George Trudell, II, a partner in Walnut Tree Developers, said September 5 that the requested zoning variance does not involve construction density or the layout of the complex. Mr Trudell then said residents of the 80-unit complex have told him they want to be members of a smaller 80-unit association, which would be easier to manage, rather than an overarching 190-unit association.

Attorney Ted Backer represents more than two-thirds the residents in the existing 80 condo units at Walnut Tree Village.

Mr Backer said October 24, “Obviously, I think the residents are disappointed in the (ZBA) decision.”

Mr Backer said he will research other means through which two condominium associations could be created for Walnut Tree Village. Cooperation by the developers would be needed to pursue another approach to creating two condo associations, Mr Backer said.

Mr Backer said he is unsure whether there is any means other than obtaining a zoning variance to create two separate condo associations.

The attorney added that the residents who he represents appreciate the ZBA’s thorough review of the developers’ requested zoning variance, and also appreciate the town land use office’s efforts to ensure that the condo complex meets applicable zoning regulations.

Not everyone at the well-attended September 5 ZBA hearing favored the creation of two separate condo associations.

Several residents living near the condo complex spoke in opposition to granting the zoning variance, charging that the situation that the developers were seeking to rectify through a zoning variance is a situation that the developers created themselves in building a 190-unit complex.

Walnut Tree Village has faced controversy for years, involving conflicts between the developers and adjoining property owners, as well as conflicts between the developers and people who own condos in the initial 80-unit complex. Also, the developers and the Planning and Zoning Commission (P&Z) became embroiled in various conflicts over construction changes that the developers had made during the initial construction phase, without first having sought formal approvals from the P&Z.

Following the P&Z’s August 2000 approval of the 110-unit expansion project, a total of seven plaintiffs filed three separate lawsuits against the P&Z and the developers in unsuccessfully seeking to block the expansion project.