Massive Fairfield Apartment Building Approved — If Height Reduced

FAIRFIELD, CT — Plans for an affordable housing project in Fairfield that zoning officials have repeatedly referred to as “massive” can move forward, but only if the structure is made less visible to passing drivers on the Merritt Parkway.

Primrose Development LLC, which proposed a six-story, 120-unit apartment building at 5545 Park Ave., was granted its requested zoning compliance Tuesday by the Town Plan and Zoning Commission on the condition that the developer reduce the height of the structure by two stories.

“The four stories, in my view, is a reasonable change,” said commissioner Thomas Noonan, who proposed the height requirement, along with several other conditions. “I believe six stories is a massive building that would be viewed on the Merritt Parkway.”

The 2.4-acre property’s proximity to the parkway was the driving factor in the commission’s decision to impose conditions. During one of three public hearings held on the proposal, representatives of the Merritt Parkway Conservancy requested that in addition to asking the developer to lower the height by two stories, the commission require that Primrose design the exterior of the building to better blend with the surrounding landscape and put in enough planting to screen the structure from the parkway.

The Merritt Parkway is on the National Register of Historic Places. During the hearing process, conservancy Executive Director Wes Haynes referred to the Primrose proposal as an “intrusion” and “just god-awful.”

In addition to the 120 apartments, 36 of which would qualify as affordable housing, the project was set to include nearly 200 parking spaces at grade level. The property, which is currently occupied by a single-family house, is located at a traffic light opposite a Merritt Parkway entrance and exit. At its tallest point, the proposed six-story building would have been 88 feet.

Attorney Ray Rizio, who represented the developer, described the planned building as a home for area educators, nurses and graduate students looking to live near the neighboring medical center and nearby Sacred Heart University.

Prior to its 120-unit application, Primrose sought approval for a four-story structure with 80 units in late 2020 under a zoning amendment application, which the commission voted down. Its new application was made under state law Section 8-30g, which dictates the only way the commission could deny the plan is to prove it poses a threat to public health, welfare and safety that outweighs Fairfield's need for affordable housing. Section 8-30g applies to towns where less than 10 percent of housing stock meets state criteria to be recognized as affordable.

Protecting historic resources such as the Merritt Parkway falls under the commission’s scope of consideration in its approval of Primrose's second application.

“I think we are all reluctant to have such a massive structure in Fairfield on the Merritt Parkway,” commission Secretary Meg Francis said, adding that applying too many conditions could affect a judge’s assessment of the approval should it be appealed in court. “We have to accept reality.”

The commission did include a fourth condition requiring that Primrose complete the required testing for drainage engineering before starting construction. During the public hearing process, engineer Steven Trinkaus spoke against the proposal on behalf of the Merritt Parkway Conservancy, arguing the development could increase water pollutants and runoff volume, possibly affecting flooding north of the parkway.

“We had conflicting expert testimony,” commission Chair Matthew Wagner said. “I personally find the Merritt Conservancy’s experts more credible.”

The commission had one holdout who did not vote to approve the project. Kathryn Braun questioned whether the proposal had the appropriate wetlands approval and said she lacked the information about the environmental impact of the proposal necessary to make a decision.

“Everything that drains through this site goes into Mill River,” she said. “It’s incumbent on the applicant to provide us with sufficient information.”

Given the many requested modifications, Primrose will have to submit any revised plans to the commission for review.