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Canton commission adopts affordability requirement for multi-unit housing developments

Editor's Note: This story was posted on Sept. 21 but updated with additional information on Oct. 1


By John Fitts

Staff Writer

CANTON ­– The town’s Planning and Zoning Commission on Sept. 20 approved a 15-percent affordability component that would apply to most new multi-unit residential development proposals – at least in the near future.

The zoning amendment requires 15% of all units, rounded down to the nearest whole number, shall be income restricted affordable housing dwelling units meeting the income criteria of CGS § 8-30g(k), as enforced by state regulations, a minimum of 50% of the affordable dwellings must meet 60% income threshold requirements.” The balance of the affordable units could meet an 80 % income threshold. The affordable units must be set aside for 40 years.

The rule essentially, due to the math, applies to projects of 7 units or more. Nearly all single-family developments, as well as multi-family projects, are included, but the Collins Co. parcel, where zoning changes are subject to ongoing litigation, is not.

The regulation is effective Oct. 10.


According to The Department of Housing and Urban Development Office of Policy Development and Research (PD&R), the median income for the family of 4 is $118,100. The 80 percent income level for Canton is $94,500 for a family of 4. (Canton is listed as part of the “Hartford-West Hartford-East Hartford, CT HUD Metro FMR Area.)”

At the 60 percent level for that family of four would be $70,860. According to a section of the state statute the town is examining, 30 percent or less of that income should be used for housing.

The commission has discussed affordability for some time now, expressing concern that the town remain affordable for a people with a wide variety of income levels.

Commission members are also keenly aware of the “threshold” in the state affordability statute 8-30g.

While experts say the state’s 10 percent affordability goal noted in state documents is not a requirement for towns, those municipalities that are short of that number are subject to an appeals process for proposed affordable housing projects that qualify under other parameters in 8-30g. Under the state statute, that puts the burden of proof on the town and gives municipalities very limited arguments for health and safety in such appeals, even if a project doesn't conform to the town’s zoning regulations.

If you have an affordable housing application that has been denied, unlike most applications this one can be appealed under a special process,” Attorney Mike Zizka of Halloran Sage said during a recent forum on affordable housing sponsored by the Canton Advocates for Responsible Expansion. “For most zoning and subdivision appeals or Zoning board of Appeals appeals, the court will give the benefit of the doubt to the agency and it will look at the record and say if there’s any reason why this agency’s decision can stand, we will support the agency’s decision. So, the agency is given a vast benefit of the doubt. In an affordable housing appeal the burden is shifted. It’s up to the agency to demonstrate that the denial of the application was necessary to promote or protect certain very important health or safety benefits. To some extent, it might be a strong public policy but usually speaking now the courts are looking for a health or safety benefit.”


In the 2022 state list of state approved affordable units, Canton was at 8.3 percent. That means 360 of 4,339 housing units qualify under the statute. That number includes a mix of government assisted, tenant rental assistance, qualified mortgages from CHFA/USDA and deed-restricted units.




With recently approved multi-family projects coming online – and the lack of any committed affordable units within those – commission members have expressed concern that the town is falling behind on its goals for housing at all income levels and falling short of that 10 percent threshold in the event of an affordable application.

In a memo to Canton commissioners earlier this year, assistant Canton town Planner Nathaniel Jarvie noted the 102-unit apartment building at 5 Cherry Brook, as well as the 32-unit apartment building being constructed at 401 Albany Turnpike, the planned 55-unit complex at 75 Old Canton Road and a planned 5-unit townhouse at 375 Albany Turnpike.

In addition to those mentioned in that memo, there are also plans for a 34-home housing plan at the former site of Applegate Farm on Lawton and Washburn Roads. At least two other developers have presented the commission with preliminary plans, on an informal basis, for multi-family housing.

Officials have also said that some housing in Canton that is currently deed restricted for affordability will soon lose that status.

On the 20th, commission chairman Jonathan Thiesse said he proposed the 15-percent amendment, but with some reservations. He said he understands it could be untenable for some developers and acknowledged it could act as a de-facto moratorium. Thiesse also said he sees the rule as a temporary one until the commission can put a more robust amendment in place.

“If we let things go forward without some kind of affordable housing requirement, we’re going to keep sliding backwards,” he said.

The proposal indeed wasn’t without concern.

The owners of 50 Albany Turnpike, who, earlier this year, presented an informal concept presentation for a multifamily project at that property to replace some of the underperforming office space, expressed concerns about the costs of redevelopment and the effect of the regulation.

A letter from JAR Partners, LLC representative Jackie Mozzicato, states, in part: “Requiring a redeveloper to provide affordable housing is a disincentive to redevelopment. If redevelopment does not occur when the market would otherwise support it, the community loses the additional tax revenue that comes from a higher valued property following the development. Ultimately this leaved properties that are physically, functionally, and economically obsolete. In turn, this will depress the value of other properties, particularly those nearby.”

Another part of the letter states, “An unintended consequence of requiring a redevelopment project to provide affordable housing will be to limit, or entirely preclude much-needed work to bring old, unmarketable, and underutilized sites into production.”

Mozzicato goes on to say that the 60 percent set aside requirement is untenable for development, effectively meaning no redevelopment for new residential units will take place.

While some commission members have noted there are numerous programs to help developers fill the gaps, many also acknowledged that it does add complexity - and potentially timing - to the finances of development.

At least three residents spoke in favor of the proposal before the commission adopted it.

Sarah Faulkner said that while affordable units can still be expensive, the reduced rates offer a better chance for additional people – especially the elderly and the young to stay or live in town.

“We need to have places that they can afford,” she said.

Canton Advocates for Responsible Expansion, which recently hosted the forum on affordable housing, also wrote a letter to the commission and while it expressed some concern over the form-based code that has governed recent approvals, it also expressed support for the affordable amendment.

"We wish to thank you for putting forward these amendments to the Canton Zoning Regulations, and we endorse their adoption," organization President Jane Latus wrote to the commission. "The amendments are consistent with the goals of the town's Plan of Conservation and Development to 'provide for a variety of housing choice in Canton ...since more people will be seeking housing choices which are less expensive, require less maintenance, or meet other lifestyle needs.' They are also consistent with residents' desire for more affordable housing, as expressed in the town survey conducted as part of the preparation of the town's affordable housing plan."

It is likely that the commission will receive continued feedback about the 15-percent rule, even as it re-evaluates other zoning rules in the near future.

At a Sept. 27 Board of Selectman meeting, First Selectman Robert Bessel said developers are already talking about it and reaching out to officials.

“There are reports that several developers who have proposed projects in Canton are questioning their ability to go forward with those developments as a result of that new rule,” Bessel said.

He added that there are some emerging suggestions on ways to give developers a little more flexibility.

On Oct. 25, for example, the Board of Selectman will take comments on the town’s business development tax program. Selectmen on Sept. 27 denied a request by the owners of the project at 401 Albany to receive $99,000 of tax relief over a 5-year period. While the town’s Economic Development Agency set up the program with numerous weighted parameters, many members of the public objected to application for 401 Albany and selectmen have agreed that it’s time to re-evaluate the program.

While there are no committed affordable units in that project and the impetus for the re-evaluation of the relief program were different, one emerging idea is to see if the program could perhaps include some abatement for affordable housing, Bessel said.

But Bessel also said the 15-percent rule could also stifle the creation of more affordable units in town.

“We need affordable housing and we need more housing in general, so you want to make sure – I think – that the policies we’re coming up with need to accomplish both and continue to tell the development community that Canton is a place to do business that it is a place to develop and to tell the residents that the affordable housing is important to us.”





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Valley Happenings

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Saturday, February 22, 2025, 3:00-7:00 p.m. 

Avon Senior Center, 635 West Avon Road, Avon

AVFD Deputy Chief of Administration Dave Theriault is facing a tough battle against Stage 4 cancer. The AVFD, along with Tunxis Hose Co. No. 1 and the Farmington Fire Department, is holding a pasta dinner to help raise money for Chief Theriault’s medical expenses. In addition to delicious food, drinks, and camaraderie, the event will feature dozens of raffle prizes. Event tickets are $20 for adults and $10 for seniors and children under 10 years old. They can be purchased at the door or in advance at AVFD Headquarters, 25 Darling Drive, Avon (Mondays, 8:30 a.m.-8:30 p.m. and Tuesdays-Fridays, 8:30 a.m.-4:30 p.m.). Contributions can be made via Venmo @supportDave or by mail to the AVFD at 25 Darling Drive, Avon, CT 06001. 

Canton Community Health Fund Applications

Canton Community Health Fund, Inc. Opens 2025 Application Season, on March 1, 2025, for Canton Community Partner Grants & Canton Scholars Pursuing Careers in Healthcare or Public Safety Canton Community Health Fund, Inc. (CCHF), opens its grant and scholarship application season March 1. CCHF encourages State of CT certified non-profits serving the Canton community to apply for Community Partner grants. In addition, graduating high school seniors seeking higher education in healthcare or public safety are invited to apply for either a Dr. Diters Legacy Scholarship or a Pay It Forward Scholarship. Applications and informative Fact Sheets are available online at www.cantoncommunityhealthfund.org.  Community Partner Grant and Scholarship awards will be announced in June/2025.

 

Avon Library events

AVON –The following events are scheduled at Avon Free Public Library. The library is at Avon Library, 281 Country Club Road, Avon. All programs are in person except where noted. For more information on adult programs, contact Adult Services Reference Desk via avonref@avonctlibrary.info 860-673-9712 x 7203

• Antique Map Collecting 101, Saturday, Feb. 1 at 1 p.m. Registration is required: https://www.avonctlibrary.info/event/antique-map-collecting/

• Morning Book Club. Wednesday, Feb. 5 at 10:30 a.m., The Mystery Guest by Nita Prose, Registration is required: https://www.avonctlibrary.info/events/tag/morning-book-club/

• Meditation for Balance and Inner Contentment. (Virtual Event) Thursday, Feb. 6 at 7 pm.

• Eastern Coyotes in Connecticut (Virtual Event) Thursday, Feb. 13 at 6:30 p.m.

• Fashion and the First Lady (Virtual Event). Wednesday, Feb. 19 at 2 p.m.

• Hoop Skirts to Flappers: Eighty Years of Connecticut Fashion. Monday, Feb. 24 at 2 p.m.

• The Golden Age of Hollywood. (Virtual Event) Tuesday, March 4 at 2 pm.

 

Simsbury Lions Club

The Simsbury Lions Club is looking for people interested in volunteering and contributing to better our town. Our motto is “We serve,” and we do so by volunteering at local events and donating our proceeds to serving interests in our community.

If interested, please feel free to contact Sandy Kremer at Tprkremer@gmail.com or Philip Painchaud at painchaudp@gmail.com.”

 

Winter sowing workshop

The Farmington Land trust is hosting a winter sowing workshop focused on raising native plants. Make your own up-cycled greenhouse from a milk jug and prep some beneficial native plants for the coming growing season. Sunday, Feb 2 from 11a.m.-12:30 p.m. at the Farmington Senior Center. RSVP here: https://www.farmingtonlandtrust.org/event-details/winter-sowing-seminar-native-seed-planting

 

Wild Flowers from Spring to Fall

CANTON – The Cherry Brook Garden Club is hosting a lecture on “Following Our Wild Flowers from Spring to Fall” on Tuesday, Feb. 11, at 11 a.m. at the Canton Community Center, lower level, 40 Dyer Avenue. Steve Messier, Lichenologist and former Science teacher at Canton High School will discuss the topic. The lecture is open to the public. There is a $5 guest fee for non-members. Email questions to cherrybrookgardenclub@gmail.com.

 

‘Five Wishes’ at McLean

SIMSBURY – Join Kevin Baran, M.D., medical director, and the McLean Hospice Team for a special “McLean & Me Educational Series” presentation to learn how to talk about and record your wishes for care through the end of life, so those wishes can be understood and respected. The presentation will be held at McLean’s Garmany Performing Arts Center, 50 Sarah Lane, Simsbury, on Tuesday, Feb. 11, at 6 p.m. The presentation is free but an RSVP by Feb. 4 is required as seating is limited. A light dinner will be provided.

To register, visit McLeanCare.org/Events, email Margaret.Clark@McLeanCare.org, or call 860-658-3718.

 

‘Art Throb!’ Exhibit

Gallery on the Green presents “Art Throb!” Exhibit plus a Solo Exhibit by Kathi Packer Friday, Feb. 14 through Saturday, March 15. An opening reception is on Saturday, Feb. 15 from 6-8 p.m. and will include refreshments. The show and reception are free.

“Art Throb!” is a heartfelt Valentine’s Day celebration presented by the membership of Canton Artists’ Guild. The artists use a wide range of media including painting, prints, drawing, photography, sculpture, ceramics and mixed media to represent the emotional intensity, joy and complexity of love.

In the upstairs Gallery, Kathi Packer has a solo show, “Another Tale.”  Packer notes that a friend’s casual invitation to go on safari in 2008 substantially changed the direction of her artistic journey.The gallery is located near the intersection of Dowd Avenue and Route 44 at 5 Canton Green Road in Canton. Hours are Friday – Sunday, 1-5 pm. The main floor gallery is handicapped accessible.

Website: http://www.galleryonthegreen.org; Phone:  860-693-4102

 

TABLESCAPES fundraiser returns to benefit the new

Avon History Museum

AVON – The Avon Historical Society invites the public to its sixth TABLESCAPES event showcasing up to 30 creative and original table settings on Friday, March 14 and Saturday, March 15 at the historic North House, 1 Nod Road, Avon.

This event will feature themed table settings from local professional designers, florists, businesses, individuals, artists and others featuring fresh floral arrangements, centerpieces and accessories. Proceeds will benefit the installation of professionally curated exhibits in the new Avon History Museum scheduled to open on Friday, July 4, 2025.

Back by popular demand will be a “Table and Barware Tag Sale” on both days. Admission to TABLESCAPES includes the tag sale. Tickets are $20 each pre-sale and at the door. Tickets can be purchased online at www.avonhistoricalsociety.org or by calling Mary Harrop at 860-670-3225 before March 8.

Those interested in sponsorship opportunities can also call Harrop.

 

Alzheimer’s Support Group

FARMINGTON – Hearts, Hugs & Hope: An Alzheimer’s Support Group takes place Feb. 20, 2025, 6 p.m. at Farmington Station Assisted Living and Memory Care Community, 111 Scott Swamp Road, Farmington. Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. This group is being offered both in person and via Zoom on the third Thursday of each month. If you plan to attend, contact Director of Compass Programming Katherine Jedynasty at kjedynasty@farmingtonslr.com.

 

Used book sale

AVON - A huge book sale will be held Feb. 28 and March 1 in St. Ann’s Church Hall, 289 Arch Road at Route 167.  Hours are Friday, 4 p.m. to 7 p.m. ($5 adult admission) and Saturday, 9 a.m. to 2 p.m. (no admission fee).

Thousands of books will be organized in separate sections, including Fiction, History, Biography, Politics, Children, Music, Cooking, Sports, Art, Vintage, and more!  A large selection of Children’s books will be available.  Fiction books will be divided by hardcover, paperback, and trade paperback and sorted alphabetically by author.  DVDs, CDs, books on CDs, Vinyl records, and puzzles will be available, also.  Most books will be $3 or less with vintage and specialty books priced higher.

 

Daisy Days: All-Girls Summer Day Camp Experience

FARMINGTON – Miss Porter’s School, a renowned institution with a legacy of empowering young women, is excited to announce the launch of Daisy Days, an all-new day camp for girls entering grades 3-5 this fall. Starting this summer, Daisy Days will offer a unique, joy-filled experience designed to spark creativity, build confidence, and inspire self-discovery in an empowering all-girls environment.

For additional details, visit pcgl.porters.org/daisy-days.

 

Artist demonstration

Avon Arts Association will hold a guest artist demonstration featuring  Granby artist Laura Eden on Tuesday, February 18 at  Avon Town Hall, 60 W. Main St., lower level, at 6:30 p.m. Ms. Eden will demonstrate egg tempera painting.

The demo is free and open to the public ($5 suggested donation). A workshop with Ms. Eden will be held at the same location in the Avon Room on Saturday, Feb. 22, 10-2 with  set up at 9:30. Fee: $45 for members, $55 for nonmembers). www.AvonArts.org

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