Latest Updates
(Updated April
28, 2010)
''Have you ever tried walking
to Wal-Mart? It makes your palms sweat and your feet hurt just thinking about
it.'' – Greater Ohio State Director
Gene Krebs
This is C.A.R.E.’s 10th
Anniversary! See some of the past 10
years’ highlights.
C.A.R.E. continues to advocate that the town of Canton conduct a charrette. What is a charrette, and what could
it do for Canton? See this slideshow and read more below.
See what Canton will look like if its current path and rate of development continues. C.A.R.E. has created these “build-out” maps: See Canton today … and compare with a fully-built out Canton tomorrow
Recent Canton Happenings:
--
Collinsville Farmers Market begins 5th season June 13
--
New: CL&P shelves high-power line plan for Canton and
central Connecticut
--
Search continues for site to relocate highway garage away from river
--
Zoning Commission adopt adult business regulation
--
Zoning Commission approves car wash
--
Join the Werner Barn restoration project
--
Preliminary plans underway for Canton charrette
--
Lowe’s will NOT build in
--
Zoning Commission approves Konover’s latest plan for Lawton Rd./Rt. 44 corner
--
Residents approve purchase of 140-acre Cannon property
--
Town Planner discusses preserving Collinsville’s character
--
Collinsville Pedestrian Safety Committee issues report
--
C.A.R.E. receives Public Service Award from American Institute of Architects
--
Zoning Commission adopts design review regulations
--
Zoning Commission rejects hilltop proposal
--
Wetlands Agency allows violating sewer, water-hookups to remain
--
C.A.R.E. receives Citizen Planner Award from CT Chapter of American Planning
Association
--
--
Ax factory still on market
--
“Shoppes” developer asks twice, gets approval, for third anchor
The 5th season of the
Collinsville Farmers Market, organized and sponsored by C.A.R.E, opens June 13.
The market will be open 10-1 every Sunday, rain or shine, in the
In Canton
and many other area towns, residential
abutters to Connecticut Light & Power’s right-of-way can temporarily
exhale. The utility has indefinitely shelved its plan to replace the existing
115kv power lines with 345kv lines, atop 130-ft. poles that would be added
along the northern side of the existing 75-ft. poles.
CL&P’s “Central Connecticut Reliability
Project” would affect 260 property owners in Canton alone. It would extend from
Waterbury to Bloomfield and is one leg of CL&P’s four-route electricity
transmission project called the “East-West Solution.” The utility had planned
to seek Connecticut Siting Council approval for the
central Connecticut portion this year and begin construction in 2011.
CL&P representative Pat Bandzes
confirmed to C.A.R.E. in April that regional grid manager ISO New England has
put the project on hold. “The market conditions have changed and ISO New
England is in the process of reassessing all needs and dates,” she said.
So far, parent company Northeast Utilities has
completed one leg, from Bethel to Norwalk. That project prompted such an outcry
from residents and state and local officials that it resulted in half of the
21-mile line being installed underground at double the expense to NU, according
to a 2008 Hartford Courant report.
In March 2010 the Siting
Council approved plans for the East Granby-to-Massachusetts leg, and ruled that
the utility will not have to bury lines near residential areas or places where
children learn or play – despite organized citizen opposition, unanimous
requests from the East Granby and Suffield boards of selectmen that the lines
be underground, and a 2004 state statute that says high-power lines must be
buried in such locations unless to do so would be “technically infeasible.” The
Siting Council ruled that burying the lines would be
too costly and disruptive of natural resources.
Opponents to the East Granby-Massachusetts route
formed Citizens Against Overhead Power Line
Construction, which describes itself as “a group of concerned citizens who will
be directly and adversely impacted by the proposed NU ‘Greater Springfield
Reliability’ power line project. We are homeowners concerned about our
property values and the visual blight of a large power line project. We
are individuals and families with children concerned about EMF health risks. We
are farmers, ranchers and agricultural businesses who will be adversely
impacted.”
The Hartford Courant reported in 2009 that some
Federal Energy Regulation Commission members had grown so weary of local
protests against new power lines that they were proposing putting these
projects under federal control.
See NU's
project website, the citizen site www.nopowertowers.info,
the Siting Council's decision and the state
law regarding electric transmission lines.
Search goes on for new highway garage
location: voters
earlier this year rejected the $900,000 purchase of a parcel at Hart’s Corner
for the construction of a new highway garage, apparently because – according to
public hearing comments and letters to the editor – many believed the price was
too high and wanted to know what the entire project would cost before making a
decision.
The Permanent Municipal Building Committee has resumed its
search for a place to move the garage away from its current location on the
banks of the Farmington River in Collinsville.
The Plan of Conservation and Development calls for
moving the garage (and its salt and sand storage) from the river. Additionally,
the Plan recommends improving public recreational access to the river.
The building committee previously considered other
sites – including the baseball field between the police station and Dyer
Avenue, a town-owned lot on Lawton Road, and others – but proposed the Hart’s
Corner site (at the northeast corner of Rts. 11 and
179)for its proximity to main roads, comparatively lesser impact on
neighborhoods, and connection to public water and sewer.
Adult business regulations took effect Jan. 5: the Zoning Commission in December 2009
adopted this new regulation that limits adult businesses to industrial zones.
See the draft
regulations, the Zoning Commission's
attorney's analysis,
and the assistant
town planner's report
on approaches to regulating adult businesses.
Car wash approved: in July 2009,
the Zoning Commission approved by 3-2 a car wash, lube and detailing business
on the site of the former Cob Web, a 1.9-acre parcel between Rt. 44 and
Nearly 1,000
Applicant James Tessman
of
During the public hearing, professional assessor
Peter Marsele told the Zoning Commission that a car
wash would negatively impact the condominium’s property values. Condo owners
told commissioners that they support commercial development on the site, but
for a use that will draw less traffic. Additionally, an independent traffic
engineer asked to review the plan said it would have a “profound impact on
existing traffic operations and traffic safety characteristics.”
Commissioner Phil Pane said he based his decision
to vote for the application in part on real estate agent Henry Bahre’s public hearing statement that the car wash would
not harm property values. Mr. Bahre is listing agent
for the property. Commissioners Richard Narowski and
Kathy Hooker also voted for the application. Ms. Hooker said that condo owners
could have anticipated this use for the property. Commissioners Sandra Trionfini and Mark Podesla voted
against the application.
See a site created by neighbors: http://shineworksautowashdanburyct.shutterfly.com/
Be a “Friend”
of Werner’s Barn: anyone
interested in:
- preserving
- promoting
renewable energy,
- creating
a unique gathering space for the community,
- supporting
the environmental education work of
- or
who simply likes old barns –
is
invited to the next organizational meeting
of the Friends of the Werner Woods Farm. Contact C.A.R.E. Vice President Jane Latus for meeting
dates and more information.
C.A.R.E. received a grant from the
Connecticut Trust for Historic Preservation that paid for three-quarters of the
cost of a Conditions Assessment and Feasibility Study for this barn, which is
owned by the Department of Environmental Protection and is adjacent to the
The study is complete and the barn
committee has filed its report with the Trust. Some highlights:
- The
barn is water-damaged but can be restored. Because it is situated on a
hillside, it has ground-level entrances on both floors, providing accessibility
required by code. The upper level is one large, open space that is ideal for
large gatherings. The first floor could be used for classrooms, exhibits, or
even to house animals – as it did when the Werner family ran the farm before
Flora Werner left the property to the DEP in the 1950s.
- The
report describes the team’s determination of an ideal use for the property: as
a model of both renewable energy and of historical agricultural practices, and
for environmental education, through the
- The
immediate next step is to stabilize (essentially, waterproof) the barn, which
we believe DEP will do with funds left by Mrs. Werner to maintain the property.
- What’s
next: the formation of a “Friends” group, incorporated under the state parks
umbrella Friends group. This group’s charge will be to identify who will use
the barn (in addition to
Ideally, Friends members should
have a diversity of skills – including in finance, public relations, event
planning, computers, and grant-researching and writing – but the help of anyone
interested in the cause would be appreciated.
The Planning Commission in Oct. 2008 unanimously endorsed the effort of a
group of Canton organizations (C.A.R.E., the Economic Development Agency,
Collinsville Historic District Commission and League of Women Voters) to plan a
charrette. However, the Board of Selectmen was
reluctant to endorse conducting this planning workshop. C.A.R.E. is continuing
to advocate that Canton hold a charrette, following
the example set in 2009 by Simsbury. Read all
about Simsbury's charrette.
A charrette is a collaborative method of planning
that brings together citizens, planners, town staff and local officials,
business owners, and all other stakeholders for design workshops in the style
of a traditional town meeting. Typically taking place within a concentrated
time period - usually over several days - charrettes
ensure that all parties work together to produce a set of documents that
address every aspect of project design and program. The end result can be
anything from a site-specific plan, to a plan for a particular region of town,
or a town-wide master plan.
In a message to members, C.A.R.E.
President
“The charrette
process, by taking a holistic approach, brings together traditionally separate
land use and economic development disciplines and forges a community vision.
Most importantly, it is the citizens who create this vision, thus
ensuring buy-in from the community. Continued compartmentalization of land use
and economic development issues will only ensure the continued lack of direction
and vision, which, in turn, will only ensure continued frustration and apathy
from citizens. “
See this slideshow
and http://www.charretteinstitute.org/ for more information.
Lowe’s will
not build a home center in
C.A.R.E. made the inquiry after hearing reports from multiple
reliable sources that Lowe’s had decided not to build – on Rt. 44 behind Valley
Car Wash and Legemere Park – because of both the
economic downturn and the comparatively high cost of developing this steep
site.
To create a sufficiently large, flat surface on this hilly site
to accommodate a 147,000 sq. ft. store and parking lot, Lowe’s would have had
to excavate 250,000 cubic yards of earth and build retaining walls as high as
54 feet.
C.A.RE. opposed the Lowe’s application primarily because the
site’s topography cannot accommodate this size development, and because of the
precedent that approval would establish of allowing topography to be
drastically altered in order to accommodate a particular development, rather
than building to suit the site as Canton Zoning Regulations require.
Additionally, C.A.R.E. warned the Zoning Commission of the
possibility that an approved store would not actually be built. Earlier this year, the
Wall Street Journal reported that Lowe’s will delay opening 20 approved stores,
and that the chain had already planned to open 33 fewer stores this year than
the prior year. Since last June, Home Depot has also delayed or cancelled
opening 65 stores, and Wal-Mart has done the same with 58. At the zoning
hearing, a Lowe’s representative assured commissioners that Lowe’s had
thoroughly evaluated this market and this site, and was 100 percent committed
to building at this site in
Developer and rug merchant Abe Kaoud,
who owned an option to buy this site and was working with Lowe’s to develop it,
declined to comment to C.A.R.E. on whether he retains the option.
The site is zoned for Restricted Light Industrial use, but
the Zoning Commission may allow retail uses in this zone by special exception.
C.A.R.E.’s presentation to
the Zoning Commission can be seen here.
Said
C.A.R.E. President Tom Sevigny of the application’s approval, “C.A.R.E.
is very disappointed by this decision. Simply put, the proposed site cannot handle this size of
development. Furthermore, at a time when traffic problems are an
increasing issue for
“This application points
out that the Canton Golf Course was NOT the last available parcel in town with
the potential to be developed with big box retail. By leveling topography,
combining lots, and redeveloping existing buildings, there is the potential for
a tremendous amount of square footage to be built along 44.
“It is our choice and
challenge to develop in a way that will respect our landscape, promote our
economic health, and preserve our character and identity.”
C.A.R.E. supported Konover’s
current proposal. C.A.R.E., however, lead the opposition in 2000-2001 against
Konover’s request to rezone 17 residential acres.
Background:
-- 2001: Zoning Commission denies Konover's request to
rezone more than nine acres of residential land to business, in order to create
a 17-acre commercial parcel for 140,000 sq. ft. of retail, including a Target
store.
-- 2002: Zoning Commission creates a new zone, the
Albany Turnpike Gateway District (ATGD), that binds a
zone change to a specific development plan.
-- 2003: Zoning Commission approves Konover's request
to rezone 11.5 acres of land (primarily commercial and a small amount
residential) to the new ATGD. The approval allows a maximum of 90,000 sq. ft.
of commercial space in three to five buildings, the largest being a maximum of
75,000 sq. ft.
-- 2005: Konover no longer has an option to buy four
acres of land in this area, so reapplies for a new ATGD zone for the remaining
7.5 acres. The Zoning Commission approves this application, along with a site
plan for two commercial buildings: a two-story building of up
to 62,000 sq.ft. in
size, and another between 2,500 sq. ft.
and 7,000 sq. ft. The combined size of the two buildings could be as much as
64,500 sq. ft.
The ATGD regulation requires
that a master plan be submitted simultaneously with the zone change
application, specifying the locations, square footages, footprints, uses and
architectural elements of proposed buildings.
A more detailed site plan must then be approved within two years. If the
approved plan is not built, the land reverts back to its original zone.
Number of single family residences projected through
appraisal: 20-25 (figure of 20 used for analysis)
Number of children per household: 1.87
Fair Market Value of Single Family Home: $600,000
($420,000 assessment)
Property Taxes per household (29.92 mil rate): $12,567
Board of Selectman/Board of Finance Costs per household:
$3,152
Board of Education per household pupil cost (11,119 x 1.87):
$20,793
Total projected Town cost per household: $23,945
Total projected property tax revenue per household:
$12,567
Total projected loss per household: $11,378
Total town investment of open space acquisition: $509,000
Projected pay back period: 2.24 years
Excellent overview of how to plan to preserve Collinsville’s character: at Canton’s 2008 Annual Town
Meeting, Town Planner Neil Pade presented a review of the regulations that
guide Collinsville’s development, and of potential additional measures the town
could take. Mr. Pade stressed, “I do believe there’s a mutual goal here to
preserve the character of Collinsville. I don’t know that our current
regulations are capable of doing that.” See his presentation here.
The Pedestrian and Vehicular Safety Committee, appointed in October 2006 by the Board
of Selectman in response to
The 677 surveys respondents
ranked their chief concerns (in order of importance) as: cars speeding; cars
not stopping at crosswalks; drivers not seeing pedestrians and cyclists; other
issues; pedestrians not using crosswalks; bicyclists not obeying rules of the
road, and too many crosswalks.
The committee’s many
recommendations include more in-street crosswalk signs, increased enforcement
of speeding and pedestrian laws, tree planting as a traffic-calming measure,
and better lighting to minimize light pollution and maximize visibility at
crosswalks.
Portions of
Architects’
association honors C.A.R.E.: C.A.R.E. is honored
to be the recipient of the 2006 American Institute of Architects, Connecticut
Chapter, Public Service Award. AIA Connecticut's
Public Service Award is presented biennially to an individual or
organization that best exhibits dedication to enhancing the built environment
and educating the public. C.A.R.E.'s mission, its efforts to
encourage
AIA Connecticut is the
professional association for
Design Review standards adopted
into zoning regulations: the Zoning Commission in Sept. 2006 approved the adoption of a design
review regulation for non-residential development.
In a
thank-you letter to all those involved in creating the regulation (Selectmen,
zoning commissioners, and the Design Review Study Committee), C.A.R.E.
President
Members of the Design
Review Study Committee are: Committee Chairman and land planner Gary Hath,
developer and real estate agent Henry Bahre, businessman
and commercial property owner Joel Fried, land planner Gary Hath, home builder
Frank Mairano, architect Kent McCoy, financial
planner Kristin Oswald, and recently-retired Zoning Commission chairman and
architect Chris Winsor.
At a March 2006 town
meeting,
Members of the Design Review Team will include one
member of the Zoning Commission, to be chosen by the commission, and four
members to be chosen by the Board of Selectmen. Those must include one licensed
architect, one person who is either a certified planner or licensed landscape
architect, and two members who are educated, trained or experienced in a
design-related field.
The Design Review Team
ordinance can be read on the home page of the town website, under the
announcement of the town meeting: www.townofcantonct.org
It
is clear that a large number of
In this way,
This type of regulation is not new or unusual.
We assume that we aren’t the only ones who are curious about which other
Since
Several towns that do include Avon,
A chief distinction between the types of regulations that different towns have adopted is whether the regulation applies only to new subdivisions, or to all lots, even existing ones, within a particular zone.
The town of
C.A.R.E. believes it should not be our community’s
goal to micro-regulate homeowners’ activities of likely negligible impact. However, C.A.R.E. does believe that
protection of
And,
finally, we thank commissioners for the time, care and concern you invest in
planning for
The builder of a house on High
Street’s “Spring Lot” (named for its natural
springs and historic springhouses) violated three conditions of his permit, the
Inland Wetlands and Watercourses Agency (IWWA) has determined.
In April 2006 the IWWA
ruled that builder Daniel Houlihan must remove a deck
from the house at 30 High St., cut off the deck supports at ground level, and
leave the in-ground supporting tubes in place (to avoid further wetlands
disturbance that removing the tubes would cause.)
And in May 2006, the
IWWA found that Mr. Houlihan installed a driveway
that is about twice the size of that approved, and ordered the removal of
excess asphalt. The Agency also determined that Mr. Houlihan
installed water and sewer pipes to
However, in June 2006,
the IWWA voted to allow the sewer and water hook-ups to
High Street residents,
C.A.R.E. and Friends of Sweetheart Mountain wrote jointly to the Board of Selectmen,
criticizing the decision to allow the unapproved hook-ups and asking Selectmen
to improve the management of development projects.
The Collinsville
Historic District Commission has also found Mr. Houlihan
removed springhouses on the site without the commission’s authorization, and
ordered him to rebuild them.
Mr. Houlihan’s application
was controversial from the start because of the site’s wetlands, and neighbors
lost a court appeal when a judge ruled that the IWWA’s permit approval – which
contained 21 conditions – would sufficiently address environmental concerns.
The approved plan
proposed one house and a detached accessory garage. Subsequent to receiving
IWWA approval, Mr. Houlihan sought and obtained from
the town planner authorization to split the lot in two (a “free cut” allowed by
state statutes in certain instances.) This split, however, created a
circumstance that regulations do not allow: an accessory building without a
main dwelling. Mr. Houlihan then took out a building
permit from the land use office to convert the garage into a house, and with
Water Pollution Control Authority (WPCA) approval, installed water and sewer
pipes.
Mr. Houlihan’s
lawyer, David Markowitz, told IWWA members that the deck was built because of
an unintentional error made on a set of building plans, and that the sewer and
water hook-up occurred because “the builder’s intention changed after the
fact.” Mr. Markowitz pointed out that Mr. Houlihan
obtained WPCA approval. “This was not done in the cloak of darkness. I can’t
tell you why he did it without coming to the Agency.”
Some IWWA members said
they believed the violations were intentional. “It really is offensive,” said
member David Shepard. “Here’s a real flagrant
violation; this is really terrible,” said member Ed Evonsion.
Member Larry Shine, who made the motion to order the deck removed, said he did
so “with respect to the credibility of this Agency.”
The Connecticut Chapter of the American Planning Association (CCAPA) has awarded Canton Advocates for Responsible Expansion its 2005 Citizen Planner Award for C.A.R.E.'s "dedication to grass-roots planning, public education and activism."
CCAPA is the
CCAPA presents awards
annually, with the Citizen Planner Award going to a "citizen or group of
citizens working in a non-compensated capacity who
has/have made a significant contribution to planning."
C.A.R.E. Secretary Donna
Burkhardt and President Jane Latus accepted the award on Nov. 10 in
In an email to members,
Ms. Latus wrote, “While any recognition is gratifying, to have our work
acknowledged by a professional association is especially meaningful. This award
belongs to all of you: the C.A.R.E. members and supporters who have taken part
in this organization's work and accomplishments over the past five years. So,
congratulations to you, and thank you for staying engaged in your community.”
Approval of a housing development on
In executive sessions over the past year, the Planning
Commission and developer The Meehan Group negotiated a new subdivision proposal
for the mountain. Commissioners unanimously denied in Dec. 2003 The
Meehan Group’s application for a 61-home subdivision on this mountain in the
The
new negotiated plan, for 36 homes with individual septic systems and wells on
an extension of
After
learning from C.A.R.E. about the negotiations, residents packed a May 17 Board
of Selectmen meeting, spilling into the hall, to ask Selectmen to take the lead
in purchasing the mountain. Among residents messages to Selectmen were:
·
· Tom Kutz: “Take the
leadership to find a way to buy the land. Ask for a commitment from Mr. Meehan
to allow time, and we’ll take out our checkbooks.”
In
a joint statement, Friends of Sweetheart Mountain, C.A.R.E. and the Farmington
River Watershed Association urged Selectmen to hold a referendum, predicting
residents will “put their money where their mountain is.”
Below
are excerpts from C.A.R.E. Vice President Susan Carr’s statement to the
Planning Commission on May 4.
“The
members of C.A.R.E., along with many other
“The
design appears to protect the east face of
“We
do understand that the executive sessions that took place to achieve this
current proposed settlement were legal, but it should be understandable why
many
“Looking
ahead, the confidence of Canton’s residents in the decisions you make NOW AND
IN THE FUTURE hinges on several absolutely critical things:
“1) The Commission needs to be 100%
CERTAIN that the developer’s representations to you about the plan are 100%
binding on the developer in every way legally possible. The representations
being made include:
·
The short
and long-term environmental impact of the subdivision during construction and
after completion;
·
The near-term
public access to open space and its eventual transfer to the Canton Land Trust
that’s been promised;
·
The tree
removal restrictions that the developer has taken great pains to spell out in
detail;
“2)
The Town needs to be 100% committed to enforcing the commitments being made. ….
the developer has made extensive representations about tree removal
restrictions that will need to be enforced over the very long-term, and it will
be incumbent upon the Town to be vigilant.
…
“3)
Perhaps most importantly … there must be TRANSPARENCY in this and all future
deliberations on matters that have proven to be so extremely important to all
of
“If … as Town zoning
regulations currently stand, such a development would not be possible outside
of protracted, negotiated settlements like this one … we emphasize once again
that it is in the Town’s interest – AND TO THE BENEFIT OF DEVELOPERS, AS WELL –
that the Town re-write its subdivision and zoning regulations to reflect in a
PRO-ACTIVE way the kind of development IT WANTS and IS SEEKING, and WHERE it
wants it.”
Background:
In addition, the Farmington River Watershed
Association’s BioDiversity Project report gives the
mountain the highest possible rating for its biodiversity, one of only two such
sites in
Mr.
Meehan first sought approval for 85 single-family, 3,000 sq. ft. houses on
half-acre lots. After being denied approval to extend septic service to the
entire area, he scaled back to 64, then 61 houses. Meanwhile, in Nov. 2003 the Zoning Commission
rezoned the mountain for two-acres lots (not affecting
this application, but future ones), and the Wetlands Agency rejected Mr. Meehan’s
permit application.
Planning
Commissioners detailed their reasons for denial in an 11-page motion. They
noted that due to Wetlands Agency denial, the subdivision was impossible as
proposed. Additionally, they cited potential public safety hazards from sharply
curved, steep roads, and lack of faith in the stability and maintenance of
retaining walls that would have supported some roads. They also stated that
parts of the plan were incomplete or conflicting with plans shown to Wetlands.
C.A.R.E. recognizes
that land owners have the right to the reasonable use of their property and
that most subdivision applications, though occasionally unwelcome by some
residents for reasons ranging from loss of undeveloped land to the cost of
providing additional town services, nevertheless do meet the requirements
of the local zoning and subdivision regulations and, therefore, must be
approved.
However,
C.A.R.E. opposed this subdivision because it would have required
extensive manipulation of the topography of the mountain, in violation of
the town’s regulations; the amount and pattern of traffic generated by
this subdivision would have created potential safety problems on neighborhood
streets; and the proposed location of open space within the subdivision is inconsistent
with town policies that aim to create interconnected open space systems.
Collins Ax Factory still on market:
In 2002: Developer
James “Rusty” Tilney – after years of negotiations
with town boards and a successful legal challenge against the prior owner’s
last-minute decision to back out of the sale,
purchased the historic factory for $750,000 and received approval to rezone and
restore it.
2003: Mr. Tilney put the factory complex up for sale, listing it with
commercial realtor CB Richard Ellis for $6.25 million. Mr. Tilney,
an
2007: the
factory’s 20-plus buildings are still for sale, at an asking price of $8
million. Mr. Tilney has reportedly turned down
several purchase offers. Mr. Tilney’s realtor, Julius Fialkiewicz
of Realty Works, said Mr. Tilney turned down offers
that would have been harmful to the property and town, and that three parties
are currently interested in the property.
The Collins factory, famous for
its sharp-edged tools such as snowplows and axes, closed in the 1960s and has
changed little since then. Its 28 buildings sit on 19 acres along the
His original plan of mixed
business, retail, restaurants and residences, would have been called “At
Collinsville.” The plan called for significant changes to the interiors of the
existing buildings, but only restoration of the exteriors.
Mr. Tilney’s proposal was
widely welcomed by residents, who saw it as a way to increase
“Shoppes” developer asks again; Zoning
Commission reverses vote. When
developers of The Shoppes at
In Jan. 2004, the Zoning
Commission denied the request to expand The Shoppes by 49,435 q. ft. to
accommodate Dick’s Sporting Goods. The developer re-applied on Feb. 13, asking
to add 48,565 sq. ft. and divide the complex’s easternmost building into two
buildings. The decision from the Commission on March 2 was “yes.”
The approval increased the
shopping center from the original 350,000 sq. ft., and a subsequently approved
372,000, to 429,000 sq. ft. (an overall 22% increase.) Nearby Simsbury Commons,
including Stop & Shop and Walgreen’s, is 290,000 sq. ft.
The developer asked the Zoning
Commission to “rush” the hearing, Town Planner Sarajane
Pickett informed commissioners at a Feb. 19 meeting. Commission Chairman Chris Winsor told
commissioners they "should react to" the applicant’s request, and
that the circumstances for the request would be made known during the hearing.
The developers of The Shoppes at
S.R. Weiner Vice President of
Development Bob Frazier told Commissioners on March 2 that the developer is
under immediate time and financial deadlines in order to finish the complex
according to its desired schedule. He said the firm is committed to completing
the project, with or without this approval, and that the widespread belief
among town residents that the firm had threatened to leave the project
incomplete if not given this approval is not the case.
At the Jan. 29 meeting where the
Zoning Commission first rejected this request, commission Chairman Chris
Winsor, who voted to approve the application, said “it was regrettable” that a
prior Zoning Commission approval authorized a change to the west end of the
project, resulting in a loss of the original approval’s village-style design at
that end. He said the applicant now says the increase in square footage is
needed “to provide vitality” at the east end. “I think that’s probably a
correct statement,” he added.
Other commissioners said on Jan.
29 the requested increase was too big and that it would stray from the original
intent of a pedestrian-friendly complex:
-- Sandra Trionfini
said developers had assured the commission that the project would not get “mammoth.” Now, she said, “All bets are off; anything can
happen. At what point do we say, ‘No more’?”
-- Harvey Jassem
said the development already has the two anchors that the applicant sought, and
that the commission is not obligated to enlarge space for a third.
-- Jay Weintraub
asked, “If this project had been proposed to us on day one as it is proposed
tonight, would we have approved it? … For me, I don’t think I would have
approved it.”
-- Kathy Hooker said the proposal
was not in keeping with the town’s master plan policy regarding town character,
and that she was uncomfortable adding more space, especially for use by one
large tenant.
-- Leesa
Lawson said, “I feel we’ve modified the integrity out of this project,” and
added that she believes the project will be viable without the addition.
-- Peter Clarke said that based on
the number of tenants who have signed leases, tenants “don’t
appear to be concerned that it’s not going to work.”
On March 2, however, Commissioners
had different opinions about the new application:
-- Chris Winsor said it met the
regulation’s requirements, and he complimented the developer for improving the
design.
-- Sandra Trionfini
said that, while prior changes may have steered the design away from the
original intent, this request seemed to be a natural progression
-- Jay Weintraub
said the first application seemed to be just a long building with too big a
mass, but that dividing the building and lowering the facade made the
appearance conform with the rest of the project.
-- Kathy Hooker said that the
buildings in the project “are all big boxes” and that the addition “isn’t
really going to be noticeable. It’s big already.”
-- Leesa
Lawson, the one commissioner to vote no, said the application had “come a long
way” in its design but that without a significantly smaller size request it was
too much like the recently-denied proposal. “We were adamant in January that
this was a significant size. Why would this be different?”
-- Alternate member Tom Chouinard said the expansion would not be very noticeable.
-- Alternate
member Mark Podesla said the applicant had made an
effort to improve the plan and the size request was acceptable to him.
-- Glenn Barger,
who Chairman Winsor chose to sit out the vote, although Mr. Barger has more
seniority on the commission than Mr. Podesla,
cautioned that 5 or 10 years down the road, keeping buildings of this size
occupied could be a concern.
-- Commissioners Harvey Jassem and Peter Clarke were unable to attend the March 2
hearing. Mr. Jassem
had asked Chairman Winsor to hold the hearing one day later so that he could
attend, but Mr. Winsor insisted that the hearing be held on the 2nd.
Background
information:
In 1989, the town declined an
offer to purchase the golf course. The course was rezoned in 1998 at Mr.
Ellsworth’s request, from Agricultural/Residential to Special Business. Mr.
Ellsworth told the Zoning Commission he planned to build an athletic training
complex called The Peak Experience. Mr. Ellsworth subsequently stated he was
unable to obtain financing. Once rezoned, the 130-acre course remained rezoned.
The SB zone allows a wide array of uses. On March 31, 2003, course owners the
C.A.R.E., which formed after
the course was rezoned, regrets the town’s failure to buy the parcel and the
choice to rezone it. But given this set of circumstances, C.A.R.E. was pleased
by the developer’s stated intention to attempt a walkable
project, of only one quarter the size that regulations would allow, of multiple
uses, and to actively recruit locally-owned tenants. The developer’s multiple
alterations, however, have radically altered the project to one that is at odds
with the promised development and incompatible with the town of
The site plan initially approved
by Zoning included a west anchor store (Kohl's, now under construction) and an
east anchor store. Multiple smaller, individual buildings would have lined both
sides of a street connecting the two anchors. As part of the original approval,
the applicant stated an intent to create a
“pedestrian-friendly” development. No tenant had yet been identified for the
east anchor, but the applicant stated that a specialty foods store would be
sought for that site. In 2003, the developer received Zoning approval to
combine several buildings into one 83,000 sq. ft. building (next to Kohl's).
The developer has since announced that Shaw's, the northeast’s second largest
grocery chain, will occupy this building.
The originally approved
application called for mixed uses, including retail, restaurant, office and an executive
training golf course. W/S Development now says it has determined that an
executive golf course will not be profitable and is instead weighing other
possible recreational uses, such as batting cages or miniature golf.