A 7-year tax assessment deferral for a developer in Danbury didn't come without debate last week at the City Council meeting. BRT's past dealings with the city were dredged up, when Dan Bertram received a similar deferral for a Crosby Street apartment development. After approval was granted, he said it would be used as housing for Western Connecticut University students. Eventually the apartments were sold as market rate housing. But that left bad feelings with some City officials.
Question were raise at the time of whether he could do that. It was determined that there wasn't anything in the agreement that could stop him from changing the represented use because the agreement just said "residential housing".
That isn't the case now. A clause has been added to contracts now that binds developers to representations made in the application and to the City Council.
Any change of use now would be considered a change in use, and the developer would have to go back to the City Council for approval. If a market-rate apartment proposal is changed to condos and student rate housing, the developer would have to reapply.