RECENT as of 4–30–2007

 

 

What People are Saying about: The silly postcard *

We’ve received an overwhelming amount of email and phone calls regarding the silly yellow post card. It appears that this effort by the Citizen’s for Common Ground has backfired, and to prove it we’d like to share with them what people in town are saying about their cowardly actions. <<Click here>> to read the comments

 

 

SHARE News Flash – The “Rebut the Silly Postcard” Edition *

 

All we can say is Oh Brother… like we all don’t have anything better to do than take the time to read some silly postcard that shows up in our mail box as well as write a News Flash to rebut the false statements of the postcard.

 

For those who don’t know what we’re talking about, we will fill you in, and for those who got a postcard in the mail, we will explain to you why we find this postcard both comical and disturbing.

 

So What Is This All About?

 

This week some Simsbury residents received a postcard in the mail from a mysterious and anonymous “group” calling themselves “Citizens For Common Ground”.  This postcard accused your SHARE Steering Committee of a number of very disturbing things.

 

Apparently these postcards were mailed to some number of people who signed their names to endorse SHARE’s zoning amendment to cap the size of retail development in Simsbury beyond Route 44.  The list of those endorsing this proposed SHARE zoning amendment must have been obtained from Simsbury Town Hall by the person or people creating this postcard.  The names were submitted along with the application for the zoning amendment.

 

Our Reply to the Postcard

 

First of all, there’s a good TV show on tonight that we had hoped to watch but instead we must write this email to you to rebut this postcard.  Here are our thoughts on the items mentioned:

 

Postcard Claim 1

 

The SHARE Steering Committee has “run illegal credit checks on local officials”

 

The Truth 1

 

We have never run credit checks on anyone.  In fact, no credit company like Experian, Equifax, or Transunion will let a third party run a credit check on any individual without validation of a business reason to do so and without having an account relationship with the credit bureau to do so.  In addition, any time a credit check is done on an individual, that person’s credit report stores a notation of the fact that a credit check was done, when it was done, and who ran the report on the individual.  We challenge any town official to obtain a copy of their credit report and show proof that a member of the SHARE Steering Committee has run a credit report on them.  We’ll be waiting a long time because it never happened.  It’s illegal to do run credit reports on people in Connecticut without a valid business reason to do so (the postcard got that part right) and no member of the SHARE Steering Committee has ever done such a thing.

 

Postcard Claim 2

 

The SHARE Steering Committee “feed[s] lies to land use commissioners in order to slander fellow board members who do not support S.H.A.R.E.’s agenda”.

 

The Truth 2

 

We don’t feed lies to anyone.  In fact, as you have all seen in our numerous News Flashes, we support our statements with facts, articles, research studies, web links, etc.  We don’t slander anyone but rather communicate and interpret what we observe going on in our town.  Sure, we sometimes provide our opinions to commissioners.  Sure we express our dismay when commissioners suddenly flip their positions on key issues without explanation.  Sure we hold elected officials accountable to represent the citizens when it seems as if they are only representing developers.  Sure we sometimes interpret the actions of the commissions and communicate them to other commissioners or board members or the SHARE membership.  But, you know, that’s our right as citizens of Simsbury as well as it is your right as Simsbury citizens too.  We’ve always encouraged you all to express your opinions, write and call your elected officials, and we have spoken very bluntly at numerous town board and commission meetings about the issues that matter to SHARE – that’s all of us – the SHARE Steering Committee and all of you as SHARE members.  And, as in any debate, we intend to continue to express our opinions, desires, visions, and wishes to our elected officials to ensure that SHARE’s views are heard.  If our views are contrary to those of an elected official, then so be it, that’s the democratic process in action.  That isn’t slander, that’s freedom of speech.

 

Postcard Claim 3

 

The SHARE Steering Committee “threaten[ed] to boycott Simsbury family owned local businesses.  S.H.A.R.E. “muscle” has been visiting these businesses”.

 

The Truth 3

 

The thought that we have threatened to boycott local businesses is amazing.  In numerous SHARE News Flash emails we have expressed our grave concern for the impact of Big Box development on our local businesses and we have provided numerous research studies from around the U.S. that show the incredibly detrimental impact of Big Box development on local small town businesses.  We have certainly never threatened to boycott local business but rather have tried to educate everyone that Big Box development in Simsbury could be the end to some of the small businesses, particularly in the Simsbury town center.  We want our town center and local businesses to survive and thrive and we have been very vocal saying so.  As for the comment about our “muscle”, we have had several SHARE Steering Committee members walking around downtown Simsbury talking with local business owners, handing out copies of material that show how damaging Big Box development is, and getting feedback on the concerns of the business owners.  We have heard a pretty unanimous voice of concern from these business owners for what Big Box development in Simsbury could mean to them.  And, if you saw those of us doing the walking around town, you would hardly call them “muscle”… one male member of the SHARE Steering Committee doing most of the walking and talking probably weighs around 160 pounds!

 

Postcard Claim 4

 

The SHARE Steering Committee “conspire[d] with the Planning Commission to create a Plan of Development designed solely to deny land use applications before they are filed and considered fairly”.

 

The Truth 4

 

We certainly didn’t “conspire” with the Planning Commission (PC) to deny land use applications before they are filed.  SHARE Steering Committee members have on several occasions provided materials and spoken at Planning and Zoning Commission meetings to address concerns about a variety of POCD and other matters and most of those speeches and presentations were publicized on SCTV.  We have actively provided written and verbal information to the PC for the POCD about the things that matter to SHARE (like metrics in the POCD).  Recently the PC voted to include certain metrics in the POCD and such metrics were widely preferred by town residents who also spoke at numerous Planning and Zoning Commission meetings.

 

In addition, as you know, we also submitted language for a proposed zoning amendment which about 3000 Simsbury residents signed their name to support.  To do this we used a perfectly legal technique to file an application for an amendment to change zoning regulations to place a size cap on retail development in Simsbury beyond Route 44.  The law allows such proposed amendments to be filed with the town.  To submit this proposal, SHARE paid a fee to the town along with the necessary documents, and hearings are being scheduled by the Planning and Zoning commissions to review, discuss, and vote on the proposed amendment.  It is true that if this is passed, it would “deny” land owners the right to build retail buildings above the proposed size cap.  But if this happens we hardly call this a “conspiracy” but rather the will of the people and of course, to become regulation, it has to be approved and voted on by our elected officials.  To do all this is perfectly legal and it is our right as citizens of Simsbury to try to make this happen and it is part of the democratic process.

 

Some Other Comments

 

The postcard accuses the SHARE Steering Committee of breaking the law.  Our response to this accusation is that if a law is broken it should be reported to the appropriate authorities and should be dealt with properly.  We have not broken the law and we are confident of that especially since we have many lawyers advising us.

 

We consider this postcard episode to be an unfortunate example of the bizarre series of events that continue to occur with regards to the Big Box and River Oaks issues.

 

For a very long time our town has done everything possible to develop carefully, methodically, and respectfully to ensure that the charm, character, and way of life that most of us love and cherish is preserved.  We think Simsbury should stay the course and continue to be a special place and not transform itself into a retail and commercial strip like Route 44, the Berlin Turnpike, or Buckland Hills in Manchester.

 

While there is a small number of residents who think Big Box development would be a positive thing for Simsbury, SHARE’s mere existence and size (at last count we have over 3000 members) indicates a strong opposition to Big Box development in town.  Both sides are entitled to their opinion and both sides should continue to express their opinions to our elected and appointed officials.  Our officials then have an obligation to listen to everyone’s views and opinions and sort out what is best for our town.

 

Your SHARE Steering Committee has always been open and honest with you and we have gone out of our way to find and share information we find meaningful to all concerned.  We believe in fact that we have provided you with a great deal of information which some elected officials would never have otherwise provided to you.  All of our information has been obtained by researching public documents and Internet resources and we have used the Freedom of Information Law to obtain documents that are not readily available.

 

And we have always operated within the law - and we will continue to do so.  To do otherwise, would be reprehensible.

 

As always, we welcome your comments and feedback.

 

Sincerely,

Your Devoted SHARE Steering Committee

 

 

 

A Meeting You Need to Attend:

Wednesday April 25, 7pm @ Simsbury High School

 

Dear Fellow SHARE Members:

 

For the past one year and nine months you, the voice of Simsbury, have been supportive and contributory in the effort to prevent a BIG BOX development project from taking place within the Town of Simsbury.  After several iterations of the proposed RIVER OAKS development our resolve is the same.  We do not oppose development, we oppose that Simsbury is transformed into a BIG BOX environment.

 

  1. Konover develops BIG BOX retail and malls.
  2. Konover has failed to get approval for BIG BOX development in Canton and most recently in Watertown and Groton.
  3. The current design of River Oaks is touted as Traditional Neighborhood Design.  There is no such thing as Traditional Neighborhood design with a 130,000 square foot retail anchor.
  4. Konover, as a developer, does not plan to build out the residential aspect of the project.  This will supposedly get farmed out to other developers.
  5. Konover, as a developer, does not plan to build out the office aspect of the project.  This will get farmed out to other developers.
  6. Konover will only develop the retail structures and the area infrastructure.

 

On Wednesday April 25 at 7:00pm there will be a pre-application meeting in the Simsbury High School Auditorium.  Konover will explain the development to those in attendance and to the Simsbury Land Use commissions.  Only elected officials will be allowed to ask questions or add comments.  During this meeting there will be no opportunity for the public to comment or ask questions. We ask you, is this what we as citizens should be subject to?  Is this is how our rights should be respected?

 

Regardless of our ability to ask questions, our presence at meetings speaks volumes.  We ask all of you to attend this meeting on Wednesday April 25.  It will not be an anti-development effort, just an ANTI-BIG BOX show of support.

 

Some supporters of Konover have claimed that SHARE is anti-development.  This could not be further from the truth.  As you know, we are ANTI-BIG BOX.  Good development is beneficial to Simsbury.  BIG BOX DEVELOPMENT is detrimental to our Town.  Let’s take this opportunity to show we care about how our town looks – please attend this meeting and let’s fill up the Simsbury High School Auditorium.

 

We get few occasions to show our town officials how strongly we feel about this issue.  You’ve written hundreds of letters, attended several meetings previously, and made many phone calls.  As Konover’s BIG BOX becomes more talked about and gets presented to the town, you will need to increase your personal effort to get involved and express your disapproval.  The time to show our town officials our strong opposition to Big Box development in Simsbury is now and in the future.  See you on Wednesday!

 

 

 

On another note, there is an informal presentation scheduled for this Tues., April 24th at 5:30 pm at the Town Hall Main Meeting room to the Design Review Board by Keystone Co. for a proposed mixed-use development called Dorset Crossing to be built in the Northern Gateway on Rte 10 on the land by the skating center. At this time we have very little information about this project, although it is our understanding that it encompasses about 65 acres of land and will include about 165,000 sq ft of retail and office buildings with an additional mix of condominiums, apartments and single family houses with dedicated land to open space, including possibly a town green. While much attention has been focused on River Oaks the SHARE Steering Committee will try to keep everyone up to date regarding this proposed development as well. We encourage anyone interested to attend the Design Review meeting this Tues to learn first hand about this proposed development and let us know your impressions.

 

Regards,

Your Devoted SHARE Steering Committee

 

 

SHARE News Flash - Planning Commission Moves Town Plan Forward Voting in Line with Residents' Vision

 

“In order to foster a truly community-based plan, residents’ concerns and ideas need to be shared with local officials. Often residents have an intimate understanding and awareness of the issues in their communities.”(p. 3) “A strong planning process gives ordinary citizens an avenue through which they can influence the development of their community. Why is community input so important? A home is probably the largest investment any of us will ever make, and decisions made at the municipal level profoundly affect that parcel’s value and the overall quality of life in a community. Aside from the periodic trip to the ballot box, there is no other way for the average citizen to voice his or her opinion on development matters on a comprehensive basis.” (p. 30) Building Livable Communities: A Community Design Handbook for Connecticut Towns  prepared by the Regional Plan Association and Connecticut Land Use Coalition

 

-------------------------------------------------------------------------------------------------------------------------------

 

The Planning Commissioners have heard the resounding voices of the residents and have taken a bold step towards limiting the possibility of a Big-Box store from being built on Route 10. Their proactive planning approach will help ensure that Route 10 remains a two lane road and that the precious characteristics and lifestyle of our town, that we all cherish, are kept intact for years to come. 

 

On Tuesday March 27, 2007, the Planning Commission (PC) voted in favor of a draft revision with specific language and performance objectives for the "Form Districts", Special Areas section of the Plan of Conservation and Development (POCD). The form districts include the Planning Commission's vision for mixed-use development for the Northern Gateway (100 acres by the skating center on Rte 10) and the Southern Gateway (60+ acres on the CL&P parcel on Rte 10) where Konover Development has been promoting the River Oaks development. The specific language in the POCD includes such desirable performance objectives as a greenbelt along Rte 10 running the length of the CL&P parcel the width of a soccer field (150 to 300 ft), suggested ranges of percentages of building types in order to achieve a true mixed-use of residential, retail and office, and guidelines for building width and depth in relation to building height in order to maintain a village type development with human scaled design and avoid large out-of-scale buildings. The attached document contains the approved draft.

 

The vote for the "Form Districts" went as follows: Commissioners Bednarcyk, Gardow, Loomis and Mead (alternate) voted in favor of language that includes such desirable features and Commissioners Houlihan and Jansen voted in opposition. Commissioner Mead was sitting in as an alternate for Commissioner Piecuch who was absent. While the vote carried 4 to 2, it is important to know that the other two alternates, Commissioners Drake and Cole were also in favor of the draft and that shows a clear majority of Planning Commissioners in favor of a plan with specific language to guide mixed-use development in both Gateways.

 

Your SHARE Steering Committee is pleased that the stalemate is broken; a stalemate which began in late December, when Commissioners Piecuch, Houlihan and Jansen called a special meeting to rescind an earlier PC vote that had passed a completed draft of the POCD. The POCD, already three years overdue, can now move forward. It would be a great disservice to the town and the residents if any of the opposing commissioners (Piecuch, Houlihan or Jansen) attempted to derail the momentum of the POCD at this time by returning to the prior tactics. We applaud Chairman Loomis and the other commissioners for holding firm in their beliefs and putting the best interest of the town and the residents first.

 

With this action the Planning Commission's vision for the Southern Gateway is now complete. In the Single Use Districts, Special Areas section of the POCD it states that the preferred strategy for development of the CL&P property is I1 (Light Industrial) or Office. SHARE strongly agrees with this as potential development that falls in the Office category, and its many desirable subcategories, will be most beneficial to the town in terms of net tax revenue with the least impact on traffic and other quality of life issues for the residents.

 

The next step is for the PC to vote on the remaining Special Areas sections of the POCD in order to complete the final draft format at one of their next meetings and send it off to the Capital Region Council of Governments (CRCOG) and the Simsbury Board of Selectman (BOS) for their review. The BOS has many options as to how to proceed with the draft POCD. They can review and discuss it, make recommendations to the PC regarding the draft, and/or opt to vote on either sections of it, all of it or not take a vote at all. The BOS also have the option to hold a public hearing on the draft. Whatever actions the BOS take, are advisory only and the PC has the final decision as to voting the POCD in as written or with changes. Once CRCOG has received the draft, they will review it and make their recommendations to the PC. The PC will hold a final public hearing, scheduled a minimum of 65 days or later from the time that CRCOG receives the draft. We will continue to follow this and keep you posted about any upcoming meetings.  It is essential that the SHARE membership keep a close eye on these developments and continue to urge our elected and appointed officials to represent the interests of the residents.

 

Sincerely,

Your Devoted SHARE Steering Committee

 

 

Group Pushes For Records
SHARE Wants Konover Documents

By LORETTA WALDMAN
Courant Staff Writer

March 28 2007

SIMSBURY -- A homeowners' group says that town officials are stalling on a Freedom of Information request for town communications with a developer planning a mixed-use project off Route 10.

Simsbury Homeowners Advocating for Responsible Development, known as SHARE, wants access to e-mails and correspondence between town officials and Konover Development Corp., which is planning a mixed-use development called River Oaks.

SHARE members say they believe that the town and Konover have been conspiring to win approval for the $200 million River Oaks project that Konover hopes to build on more than 60 acres off Route 10.

Charles Ward, the SHARE member who submitted the request Dec. 18, confronted selectmen Monday night. Speaking during the public portion of the board's regular meeting, Ward said that both his initial request and several follow-ups have all gone unanswered.

"So I'm asking you again this evening, where are the documents which I have requested under the Freedom of Information Act over 31/2 months ago?" Ward said. "As a responsible citizen and taxpayer in Simsbury, it is my legal right to this information and it is your legal responsibility to fully comply with my request in a timely manner."

Town officials said Tuesday that they are doing everything possible to fulfill the request. First Selectman Tom Vincent said he expected all members of the various boards and commissions overseeing development to have been notified by the end of the day. They have been asked to submit the requested material by April 6, he said.

Vincent blamed the delay on the fact that town Planning Director Hiram Peck and Brandon Robertson, director of administrative services, had referred the matter to town attorney Robert DeCrescenzo. At Monday's meeting, Peck cited the sheer volume of material requested, much of which required redactions, as a contributing factor.

"We certainly do want to respond," Vincent said Tuesday, "and we'll work on opening communication and getting to this as quickly as possible."

The request is the second by Ward. The first, submitted in August 2006, had a slightly different focus, and produced 401 documents, many of which were largely useless, he said. They included draft copies of the town's plan of conservation, already on the town website, and other documents so heavily redacted that they did not make sense.

Ward was one of two SHARE members to address the selectmen Monday. The group has been outspoken in its opposition to the River Oaks proposal, for which Konover has yet to file a formal application but is known to include a Target store and Whole Foods Market.

Ward filed a complaint in late January with the state Freedom of Information Commission over his latest request. Neither that, nor Ward's comments Monday, played a role in the scheduling of an April 10 seminar for town staff and volunteer board and commission members on the state's Freedom of Information law, Vincent said.

Contact Loretta Waldman at lwaldman@courant.com.

Copyright 2007, Hartford Courant

 

 

March 26, 2007 – Board of Selectmen Public Audience

 

Charles Ward

81 Blue Ridge Drive, Simsbury

 

Good evening

 

The documents which I have provided you this evening are copies of a Freedom of Information request I filed with the Town of Simsbury on December 19th, 2006.  In my request I am asking for information about communications between elected and appointed officials, town staff and their discussions and information exchanges with Konover Development and other entities related to the pending River Oaks development proposal.  I received acknowledgement of my request on December 28th, 2006, and I might add that by State Law I was supposed to have received a response from the town within 4-business days. Why did it take so long for me to receive this letter, which was all of 7 sentences? Providing me, a citizen of Simsbury, with timely acknowledgement of receipt of my FOI request should be a trivial matter if the Town had organized Freedom of Information Act policies and procedures in place.

 

As is clearly documented in front of you this evening, my FOI request is clear and focused, and should be easy for the Town of Simsbury to comply with.

 

As is also clearly documented for you, I made several subsequent requests for an update as to when the materials I’ve requested would be made available to me and all of those requests have gone unanswered.

 

So I’m asking you again this evening, “Where are the documents which I have requested under the Freedom of Information Act over three and a half months ago?”

 

As a responsible citizen and tax payer in Simsbury, it is my legal right to this information and it is your legal responsibility to fully comply with my request in a timely manner.

 

So why hasn’t this been completed? Why has there not been a formal request to the boards and commissions that I requested information from?  Why?

 

I do know that there’s a lot of information in my request that many people in town do not want to ever be made public. And why do I believe that? Because I’ve seen some of this information already, and I know there’s more.  And the longer this takes, the more wrong this whole issue appears to the citizens.  We all deserve a transparent and open government.

 

I’d also like to mention that Mr. Hiram Peck, our Town Planner, has on several occasions publicly instructed members of the EDC and the Planning Commission that it was OK and appropriate for public officials to delete their email after they have read them. It is important for this governing body to understand that this is not appropriate document retention policy as a large number of those emails are by definition public record documents and are legally supposed to be retained in either electronic or printed form.  Violation of this practice is a violation of state document retention statute. And to one selectman in particular that works in the legal profession, shame on you for thinking otherwise and for criticizing citizens who bring this to your attention as you did in a recent email to a citizen.

 

To refresh your memory, let me quote three specific areas of the Connecticut General Statutes for you:

 

A public agency (or municipality) is bound by CGS 1-19(a) "to maintain its records as public records available for public inspection..." 

 

CGS 1-18a(d) defines "public records and files to mean "any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by an agency

 

CGS 1-21k provides that any person who willfully, knowingly, and intentionally destroys or otherwise disposes of a public record shall be guilty of a Class A misdemeanor.

 

So where am I now with my FOI request? On January 27, 2007 I decided that enough is enough and I filed a complaint with the State of CT FOI Commission due to the town’s non-compliance with my request. I’ve given the town more than enough time to comply with my request, and the town doesn’t seem to be taking my legal FOI request seriously.  I find this non-compliance to be insulting to me and all Simsbury’s residents. So now the State is involved with this matter.  I’m sure the FOI Commission will get involved shortly with your failure to fulfill other recent FOI requests.

 

Depending on the outcome of their investigation, the State may levy financial penalties for non-compliance of FOI laws to the town.  I assure you that this is not something that I relish but what I do steadfastly believe is that the town must comply with FOI laws and the town is not doing the right thing with my request..

 

I see that Tom Henick, the Public Education Officer of the State of Connecticut Freedom of Information Commission, will be conducting a presentation about the requirements of the Freedom of Information Act on Tuesday April 10th, 2007 at 7PM at The Simsbury High School Amphitheater. I encourage all of you to attend and educate yourselves. This is encouraging, but in my opinion this is too little, too late.

 

So, to conclude… I’d like to offer you a chance to make this right… Please fully comply with my request by the end of this week.   Otherwise, because it is my right as a resident of Simsbury to have access to the information I requested, I will need to press on.

 

Since Governor Rell has taken office, she has on several occasions talked about her commitment to making sure that The State of Connecticut complies with the rules, regulations, and laws pertaining to open government.

 

The Simsbury Board of Selectman should follow the lead of Governor Rell and do the same.  The citizens of Simsbury expect and demand an open and transparent government.  Personally I will tolerate nothing else to ensure all town activities take place on a level playing field.

 

Thank you.

 

 

 

March 26, 2007 – Board of Selectmen Public Audience

 

John Lucker                                                                             

88 Blue Ridge Drive

Simsbury

 

Recently the Board of Selectman debated an ordinance to require developers to pay for studies for issues in development proposals that the land use commissions consider too complex or resource intensive for the town to adequately address with town resources.

 

At the recent Board of Selectman meeting the town attorney opined that the ordinance as written by the town was potentially legally flawed and should not be passed without modification.  He asked the town to go back and redraft the language of the ordinance.  It amazes me that the town could bring an ordinance to public hearing and a board vote without first ensuring that it was written in a legally appropriate fashion.

 

Also, at these recent meetings Hiram Peck said that there are about 30 towns in Connecticut with an ordinance that addresses this “developer pay for studies issue”.  He told us that in our immediate area Granby, Farmington, and Canton all have such ordinances and that Avon is drafting one right now.  Since we often benchmark ourselves against neighboring towns, we should not be debating if we need this ordinance but should be working hard to get one drafted and approved immediately so that the town won’t be on the hook for extraordinary expenses from these imminent development proposals everyone has been talking about.

 

At a recent EDC meeting I heard commission members say some interesting things.  I heard Mr. Dave Balboni say that he was “violently opposed” to this ordinance.  I heard EDC Chairman Lou George say that he was against the ordinance approach but was in favor of an informed process.  I heard other EDC members express confidence that the developers would only provide professional and accurate studies.  And I heard Mr. Chuck Minor speak in favor of the ordinance as the lone voice of reason.  I then witnessed the EDC vote 6-1 against the ordinance.  However prior to the vote and during the discussion I heard the most remarkable comment of all.  I heard Mr. Dave Ryan of this Board of Selectman say that such an ordinance, and I quote, “smacks of self incrimination”.

 

At the recent Board of Selectman meeting where this ordinance was presented and debated, Mr. Ryan questioned why such an ordinance was necessary and he seemed to be expressing some kind of faith that developers would always do the right thing.  I heard that to require a developer to pay for a study requested by the town was an unfair burden placed on them by the town.  There were again comments made about how professional consultants would always do the right thing regardless of who was paying them.  And we heard Hiram Peck say that the developers that he called, who are likely to submit plans to the town in the near future, have verbally agreed to pay for such studies if they are needed by the town.

 

I am here tonight to tell you and show you why this ordinance must be passed in Simsbury.

 

In the town of Watertown Connecticut, Konover Development is trying to build a large Big Box retail mall similar to what they call River Oaks.  In Watertown there is a requirement for developers to pay for independent studies for submitted plans under certain conditions.  In Watertown, Konover recently submitted their proposal to Planning and Zoning to change the zone of a large parcel of land to allow for their Big Box development.  But prior to considering such a zone change, the Watertown officials wanted some economic and fiscal impact studies done to validate Konover’s submitted studies and to independently study certain issues and independently gather data.  The officials held a public meeting where consultants were interviewed and RFP responses were evaluated.  Konover officials were present at those meetings.  A consulting firm was selected by the Watertown officials and the consultant began their work.  And then, a very short time later, after the consultant had performed services, Konover Development sent the town of Watertown a letter that I have provided a copy of where they refused to pay for the already specified and already begun work to review and study Konover Development’s Big Box retail proposal.  In this letter Konover states, and I quote, “in the absence of having the zoning necessary to permit us to proceed to the site planning stage, it is an unacceptable risk for us to commit to this level of expense”.  Konover then went on to explain that they felt the $60,000 expense for the study was unacceptable and they offered to pay a mere $7,500 for a peer review of the study they already performed which several Watertown people said was flawed.  Minutes from a recent Watertown Planning & Zoning meeting also articulated the need for an independent study and questioned the developer’s study results.  The resolution of this issue is ongoing.

 

To conclude, I want to suggest that Simsbury strongly considers learning from Watertown’s experience.  I think it is essential to keep in mind several points.  First, that developers will often do whatever is in their best interest and not in the town’s best interest.  Second, that the promises of some developers may not be worth much.  And third that some developers hope a town will make huge decisions based on potentially flawed or misleading information that they provide.  Of course, we all know that once a zone is changed a town’s control is diminished.  So the town should only change a zone when the town is 100% satisfied that the proposed development is responsible, appropriate, and addresses all the requisite concerns like net economic and fiscal impact, traffic, public safety, environmental, etc.  All such critical information should be based on independent professional studies which the town controls and not the developer.  In that manner, only the town can be sure that the right thing is being done.

 

So, I respectfully implore you, our Board of Selectman to pass an ordinance to require all developers to pay for whatever reasonable studies are required by the town to ensure that the town’s best interests are served.  There should not be constraints or caps on what the town requires and the town should not have to pay for such studies - the developers should.  Please pass an ordinance like the one that has been debated and do it immediately.  Learn from Watertown’s experience.  Developers do not always do the right thing and some, unfortunately, simply do not live up to their word.

 

Thank you for your time.

 

 

Is Town Government doing too little?

Simsbury Post – April 2, 2007

 

To the Editor:

 

I am writing to you because I am long overdue in doing so. My husband and I have lived in Simsbury in the same home for 44 years; raised our children here an participated in the various town events including volunteer work, etc. Although we are soon to be leaving Simsbury it shall always be a very special place for me, and I shall continue to participate in the SHARE Organization, which is trying so hard to prevent a terrible thing from happening to our beautiful town.

 

It is difficult for me to accept that our town government is doing so little; practically nothing to prevent the permanent ruination of a beautiful Connecticut town called Simsbury. In my opinion I believe the old Puritan form of government should come to an end and we should proceed with a new form of government where the citizens of this town can express and be listened to, have the opportunity to VOTE on important issues such as the River Oaks Project. Can you not see what such a project will do to Simsbury? If allowed to happen, it will forever change our community and once gone it will never return to the way we have known and loved it.

 

I personally have never met Mr. Konover; nor do I wish to. He is a man who has so much to be grateful for having survived life during WW 2 in a concentration camp, but was lucky enough to have survived and moved to this country where he has done so well financially, but has no qualms about making even more dollars destroying whatever is in his path and apparently never looking back at the damage he is causing. I just wonder if circumstances were different and I was in his position whether I would use my own talents and money to better the Hartford area for those who need real help. What a beautiful legacy that would be to leave in gratitude for all that had been given to me.

 

So many of the citizens of Simsbury are working so hard to try to save our very special town and I thank each one of them and hope this River Oaks Project or any other like it will never come to destroy Simsbury.

 

If elections were held in the near future, I would not be voting for any of those who did not respect and support the people who voted them into office.

 

Jean E. Blumenfeld

Simsbury

 

 

SHARE News Flash – Bits & Pieces Edition 1

 

This News Flash is going to be a bit different than prior editions.  There are a number of announcements and issues we want to tell you about so this is going to be a communication of miscellaneous topics.

 

Public SHARE Meetings To Be Held

 

The SHARE Steering Committee has received requests to hold periodic public meetings to get to know one another better, exchange ideas, and ask/answer questions.  Primarily these meeting will be an excellent opportunity for all of us to meet in person, to hear one another’s points of view and discuss the issues surrounding responsible development in Simsbury and how we believe that River Oaks, with its Big Box store, is not the type of development that is best for Simsbury.  So here are the details for our upcoming meetings:

 

        Where:     Reno’s Gathering Place – 20 Tariffville Road, Simsbury

        When:      March 29 and April 12 and May 10

        Time:       7: 30 PM

 

Just so we can get an approximate head count for the meetings, please reply to this email if you plan to attend.

 

Do I Get To Vote On River Oaks?

 

We get a lot of questions about this issue.  Unfortunately, the answer is NO.

 

Whether or not the CL&P parcel gets rezoned from Light Industrial to Mixed Use (also known as a PDD or a Planned Development District) is entirely under the jurisdiction of the Simsbury Zoning Commission.

 

How the language reads for a newly created PDD zone to accommodate River Oaks (since River Oaks will require such a zone) is entirely under the jurisdiction of the Simsbury Zoning Commission with some limited input, but no veto rights, from other town boards and commissions and citizens.

 

Whether or not River Oaks gets approved to be built is a more complex issue and series of events, but the primary decision maker is again, you guessed it, the Simsbury Zoning Commission.

 

So this is why the Simsbury Zoning Commission needs to hear from you now and later, loudly, and often.  Write letters to zoning commissioners and when you do, and this is very important, always send a copy of each and every letter you send to the Simsbury Town Clerk at Simsbury Town Hall so that your letters can become public record.  We continuously hear from certain elected officials that they haven’t been hearing any opposing opinions about these issues.  We know this is not true!  If the letters are sent to the Simsbury Town Clerk also, they become public record and the zoning officials will have a tough time saying that they haven’t been hearing from the residents.  We know that they have been hearing from you, but they don’t seem to want to admit it, so with official proof, there is little they can deny.

 

The March 12th Board of Selectman Meeting

 

If you haven’t been watching recent Simsbury Board of Selectman (BOS) meetings on SCTV, you should, because they are far more informative than many shows on network TV.  In the recent March 12, 2007 BOS meeting, two important issues were discussed in a public hearing and voted on by the BOS.

 

Senior Tax Relief - One issue was property tax relief for senior citizen residents of our town.  The BOS had a public hearing on resident’s views on a reduced package of tax relief submitted to the BOS by the Board of Finance (BOF).  Most of the residents who spoke on this issue were upset with the reduced tax relief plan created by the BOF and they were urging the BOS to reject the proposal and ask the BOF to reconsider the proposal that was originally forwarded to them by a fourteen member bipartisan senior property tax relief study group.  In the end of the meeting, despite the vast majority of the views of the citizens who spoke, the BOS accepted the reduced plan from the BOF by a 4-2 vote with selectman John Romano (R) and John Hampton (D) voting to reject the plan in order to send it back to the BOF to have them adopt the original, more substantial senior tax relief plan.

 

Developers To Pay For Studies - The second issue was for a new ordinance proposed by the Board of Selectman, to require the applicant, upon request from the town’s land use commissions and staff, to pay for necessary independent studies or consultants when an applicant submits a proposal to the town that has issues which are too comprehensive, complex, or arcane for the town to study themselves.  Examples of such studies and consultants would include review of engineering, traffic, environmental and economic issues.  SHARE believes this concept is essential for responsible development in Simsbury because we believe that developers are incented to provide studies which may not provide complete and balanced facts and figures on a particular issue.  Clearly a developer will only provide a paid study to the town that is favorable to their proposal.  Why would a developer ever provide the town a study that disclosed latent issues which are important to the town but may be unfavorable to the developer?

 

During the public hearing the town attorney expressed concern that the ordinance, as written, might be legally unenforceable.  We find it disconcerting that an ordinance proposed by the Board of Selectman, a board with several attorneys as selectman, did not meet the legal standards of the town attorney prior to being discussed at a public hearing.  In the end, the BOS tabled the issue in order to have it redrafted in order to meet appropriate legal standards.  We expect this issue to be returned to the BOS shortly with revised language.  An interesting fact described to the BOS by the town planner is that there are about 30 towns in CT with such ordinances including towns like Canton, Farmington, Granby, and Avon (who is drafting one currently).  SHARE believes Simsbury should adopt such an ordinance and citizens should not foot the bill to study important issues about a development’s net economic impact and impacts from traffic, crime, environmental issues, light and noise pollution, etc.

 

Food For Thought – SHARE wants to say one thing about the reduced tax relief package for seniors.  We understand the concerns of Simsbury’s seniors as some of us are seniors too.  We believe that responsible development in Simsbury can help seniors by providing positive net economic benefits to the town.  However, and this is important, SHARE has provided the town with numerous studies from all over the US that show that Big-Box retail creates little, if any, net economic benefit and often, as these studies show, Big-Box retail actually costs a town more than if the development didn’t get built.  In other words, the economic impacts from Big-Box retail can actually cause taxes to increase directly because of the development!  To read some of these studies, go to www.sharesimsbury.com.

 

The March 13th Planning Commission Meeting

 

The Planning Commission (PC) once again addressed the Northern and Southern Gateway Special Areas section of the town Plan of Conservation and Development. Discussion focused on yet another revision that included what SHARE believes to be critical language that would include the use of specific standards to describe the expected outcome for a mixed-use development on either end of Route 10.  During the course of the three hour meeting, there was no change in the commissioners’ opinions of this debate.

 

Firmly planted on the side of the majority of Simsbury residents who believe the Plan should contain specific language to ensure the appropriate development of the two gateways are Commissioners Bednarcyk (R), Drake (R), Gardow (R), Loomis (R), and Mead (R).  The three commissioners opposed to listening to, and respecting the will of the residents, are Commissioners Houlihan (D), Jansen (D) and Piecuch (R). Commissioner Cole (D) was absent.  Although this clearly shows a majority approval for specific language in the Plan, Commissioners Drake and Mead are alternates and therefore do not have an opportunity to vote on the issue except in the absence of a regular commissioner.

 

It is unfortunate that the Plan, already three years overdue, continues to be held up by a minority of commissioners on the PC – a minority that does not seem to be listening to the voices of Simsbury residents.  This is especially troublesome in view of the fact that there had been approval of the Plan at a PC meeting back in December 2006 prior to the actions of Commissioners Piecuch, Houlihan and Jansen who called and held a special PC meeting during the Christmas vacation week in order to rescind the earlier vote that would have sent the Plan to the printer.  We can only hope that at some point in the near future the Planning Commission will find a way to approve the Plan drafted with specific language that expresses the will of the residents in order to move it to the next step in the approval process.

 

What Would Be The Impact on Police Activity at River Oaks?

 

SHARE believes this is an important issue and is clearly one that we all are concerned with.  Obviously, until a development is built we won’t know the true direct impact on crime and other police activity.  However we can extrapolate statistics from similar developments.  Recently SHARE obtained a report of Canton police activity from the Shoppes at Farmington Valley.  In the next SHARE News Flash we will provide a more detailed review of these materials.  However we wanted to say for now that the numbers are ominous.  From January 1, 2006 to March 6, 2007 there were approximately 750 separately logged police activities at the Canton mall – some insignificant and others serious.  Keep in mind that the Canton mall is a lot smaller than Konover’s proposed River Oaks.  As we’ve said all along, prior studies show that malls like River Oaks generate crime.  It is nonsensical for a developer or town officials to say otherwise.  The statistics speak for themselves and Canton has seen it with their own eyes - more on this later.

 

The Glossy River Oaks Brochure – We Want To Hear From You!

 

By now we’re sure you have reviewed Konover’s glossy River Oaks brochure that was sent to everyone’s home.  In a future email we will write about this brochure in more detail.  However, for now, we would like to ask you to email us your comments.  The brochure has 7 quotes from people who favor River Oaks.  We would like to publish in a future email quotes from SHARE members with their thoughts about River Oaks and what they see in this brochure.  If you don’t want your name published with your quote then please tell us or if you do, please tell us that too (if you don’t specify we will not publish your name).

 

Conclusion

 

We’ve taken up enough of your time for now and your eyes are probably weary.  In future emails we will cover more topics.  We hope this type of email with a variety of items is of interest to you.

 

If you are interested in reading about how other ‘SHARE-like’ groups in other towns are dealing with issues similar to those in Simsbury, look at:

 

            http://www.ccwatertown.com (Konover is trying to develop Big-Box there too)

            http://www.cantoncare.org

            http://www.ctsmartgrowth.com/frontPage.do

            http://www.staffordfirst.org/ (Konover tried to develop a Big-Box store there too)

 

As always, we ask that you write letters to our public officials expressing your opinion.  Don’t forget to send copies of all your letters to the Simsbury Town Clerk so they become part of the public record.  Also, please feel free to email SHARE with any questions or comments.  You can reply to this email if you want or send an email to newsflash@sharesimsbury.com.

 

Please support SHARE by telling your friends and neighbors to join SHARE.  They can join through the www.sharesimsbury.com website.  Ask everyone you know to support SHARE and register on our website.

 

We look forward to seeing you at our upcoming public meetings.  We’ll be back to you soon with another email.

 

Your Devoted SHARE Steering Committee

 

 

Town planners and developers: How close is too close?*

By Tiffany Aron - Record-Journal (Meriden, CT) - March 11, 2007

 

CHESHIRE - Can a town official who serves on boards and commissions that seem to favor developers and commercial development remain objective when it comes to hearing a proposal to build a large-scale retail center?

 

That's the question being posed by a group of homeowners from Simsbury regarding some of the professional affiliations and memberships of Simsbury's former director of planning and community development, and Cheshire's current town planner, William Voelker.

 

Like Cheshire, Simsbury is in the middle of considering whether to rewrite parts of its Plan of Conservation and Development to allow for the construction of a 1 millionsquarefoot residential and retail center called River Oaks, proposed by the Konover Development Corp. of Farmington.

 

If built, the approximately 500,000 square feet of retail and 500,000 square feet of residential or light office space would make the $180 million River Oaks the seventh largest development in the state, according to the Hartford Business Journal.

 

A group of Simsbury residents called Simsbury Homeowners Advocating Responsible Expansion (SHARE) has been opposed to River Oaks since reports of the project surfaced in August 2005. Some members of SHARE started gathering information to learn more about the nature of River Oaks, and through their research discovered that four members of the town's Zoning Commission had some connection to Konover or the development project.

 

The former chairman of Simsbury's Zoning Commission, Michael Bradley, is a licensed real estate broker who has a brokerage agreement with Konover.

 

Commissioner Patricia Askham's husband, Peter, is a CPA at the accounting firm Kostin, Ruffkiss & Co. LLC, which has done work for Konover. In his biography on the firm's Web site, Peter Askham lists his 26 years of experience working with construction companies first.

 

Commissioner Louis Donofrio is an attorney at Reid and Riege, a law firm that has also done work for Konover. Donofrio is also a member of the Connecticut Partnership for Balanced Growth Inc., established in 2002. The president of that organization's board of directors is Konover President and CEO Michael Goman.

 

Since these affiliations were uncovered, Bradley has resigned from Simsbury's Zoning Commission, and Donofrio and Askham have recused themselves. A fourth Commissioner, Joe Grace, has since disclosed a conflict of interest with the project, though he hasn't specified what that conflict is.

 

Voelker's memberships

 

What any of this has to do with Cheshire is that Voelker, too, has professional connections to Goman and currently sits on some professional boards that describe supporting development as their mission.

 

He is a member of the American Planning Association and the American Institute of Certified Planners, but Voelker is also a 10-year member of the International Council of Shopping Centers and last year was named co-chairman of the shopping center council's Eastern Division Alliance.

 

In addition, Voelker is a member of the Connecticut Developers Council and sits on the advisory board of the Connecticut Partnership for Balanced Growth, with Goman as the board president. Out of the 12 people on that organization's board of directors and advisory board, many of whom are attorneys and executives from private companies, Voelker appears to be the only public official.

 

In 2002, he was awarded the Connecticut Dream Award from the Homebuilder's Association of Connecticut, given to public servants for professional contributions to the home building industry.

 

David Cadden, a management professor at the School of Business at Quinnipiac University, believes that, for a town planner or any public official, it is always better to err on the side of caution with respect to affiliations and memberships. "You always have to be concerned, when you're in a public role, at the appearance of impropriety," he said. Voelker refused to comment on any of his memberships and affiliations and instead directed those with questions to a letter he wrote to Cheshire Town Manager Michael Milone, which explains his relationship with the shopping center council. The council is a nonprofit professional trade association with 65,000 members worldwide, he wrote. Of those, 4,000 are from the public sector and include planners, town managers and economic development officials.

 

S. R. Weiner and Associates Inc., the developer trying to build a retail and residential "lifestyle center" in Cheshire, is also a member of the shopping center council, as is Goman, who is the council's Government Relations Committee chairman.

 

The Cheshire Planning and Zoning Commission is scheduled to meet Monday at Town Hall to consider an amendment to its Plan of Conservation and Development that would allow for the largely retail-based "lifestyle center.

 

"A benefit to the town"

 

In his letter, Voelker writes that the shopping center's Alliance Program was established to "explore ways to encourage public officials to become familiar with the intricacies of the shopping center industry and to initiate dialogue and develop working relationships between developers, retailers, brokers, lenders and local government officials." Voelker further writes that his membership on the council has been "very beneficial to my professional development" and has given him "a body of knowledge and expertise that could not be obtained anywhere else."

 

He concludes by stating that the PZC in Cheshire, which regulates Cheshire's tax-paying and job-creating commercial base, will continue to have "full benefit" of his knowledge and expertise gained from the shopping center council.

 

A representative from the council's Information Center said that alliance chairs such as Voelker might join the organization to help market their own cities and towns. They also help provide information on local rules and regulations to developers and "anything that has to do with getting an OK" for a development to be built.

 

Voelker sent his letter of explanation to Milone after Milone asked him to explain more about the shopping center council and the role of the organization's public-sector members. Milone forwarded Voelker's explanation to members of Cheshire's Town Council and PZC to "dispel any rumors, misunderstandings or misrepresentation of the facts." Following his receipt of the letter, Town Councilor David Schrumm, a Republican, said that "the role of a planner is to balance all the needs of a community and not favor one group over another," though he added that whether favoritism exists is "in the eye of the beholder." He said that the town is just going to have to see how the whole process plays out in order to make sure there is balance with respect to this new development.

 

Democratic Town Councilor Diane Visconti said that raising the question of balance was fine, so long as it was done "out in the open" and in a manner that protects people's reputations. She had confidence that Milone had "completely vetted" Voelker when he hired him.

 

Milone, in fact, states in a letter that Voelker listed his participation in the shopping center council and other professional organizations when he applied for the planning position in Cheshire. Milone concludes, "I do not believe Bill's membership in the (International Council of Shopping Centers) represents a conflict, nor does it compromise the Town's Planning and Zoning process. In fact, Bill's involvement in this organization provides a benefit to the Town.

 

Is the playing field level?

 

John Lucker, a member of SHARE, disagrees.

 

"Is the town (Cheshire) endorsing the development of shopping centers to the point where it wants its town planner sitting on retail boards and commissions and listing these affiliations as his credentials?" he said.

 

What Lucker said SHARE is trying to do in Simsbury is remove even the slightest appearance of conflicts of interest to create "a level playing field" so development can proceed in a "transparent, open and honest" manner. He doesn't believe that exists at the moment in Simsbury and would encourage people in Cheshire to look into whether things are level for everyone before they proceed with any development.

 

Cadden, the management professor from Quinnipiac, said that it may be a common practice to have town officials on such development-friendly boards and commissions if the town in question is pro-development. Also a 15-year resident of Cheshire, he guessed that the town is likely looking for a "significant addition to the tax base" to offset such unintended expenses as the municipal pool. "You want somebody with the connections that might be able to see this through and manage it so it doesn't raise the hackles of those who are concerned about over-development," he said.

 

taron@record-journal.com (203) 317-2214

Copyright, © All Rights Reserved.

 

 

 

People, Prosperity, and Place – Forum

Thursday April 5th, 2007 7-8:30pm, Eno Memorial Hall Simsbury

 

The Citizens Network of the Capital Region, in collaboration with a variety of regional organizations is promoting a series of forums to educate people about a new initiative called  People, Prosperity, and Place.

 

The goals of this initiative is to promote public awareness and understanding of the importance of having the communities of the region collaborate in addressing issues of importance to the region.  People, Place and Prosperity will be coming to Simsbury' Eno Hall on Thursday, April 5, from 7-8:30pm .  Moderator will be Art House, Senior VP, Public Affairs, Webster Bank.

 

The only way we are going to deal with sprawl is if our communities begin to cooperate regionally, therefore, I urge everyone to attend one of the below forums.  To RSVP or to find out more information, please go to  http://www.peopleprosperityplace.org

 

 

 

SHARE NewsFlash: Summary of the 2/13 Planning Commission Meeting

 

This past Tues., 2/13 the Planning Commission met to discuss the Special Areas, Southern Gateway section of the Plan of Conservation and Development. SHARE had submitted a proposal for the Southern Gateway Desirable Performance Objectives for the mixed use development option for the CL&P property. The SHARE recommendations included the use of ratios to set parameters for building and street size and the requirement of a greenbelt the width of a regulation soccer field extending the length of the entire CL&P parcel. SHARE believes that specific language is necessary in a form based Plan in order to achieve a successful outcome for a mixed use development.

 

Design Review Board Chairman Dahlquist, who, over the past few years, has worked extensively with the Planning Commission, sharing his knowledge and expertise of form based approach as it applies to the drafting of the Plan, also submitted a proposal. Mr. Dahlquist proposed designating both the Southern and the Northern Gateways as "village districts" and establishing "character" guidelines for each Gateway. This includes the use of mixed use percentages, ratios and a defined greenbelt or central green in the Gateways. The SHARE Steering Committee believes this proposal would provide the residents, the landowners, the developers and the town with a proactive Plan that promotes smart growth and responsible development for Simsbury particularly in the two remaining largely undeveloped parcels, at the Northern and Southern Gateways.

 

However, in listening to the commissioners speak at last Tuesdays meeting there has been fundamentally no change in the commissioners' positions since the last meeting regarding the inclusion of specific standards or metrics in the Plan. While there was no vote on the Special Areas section Tues. night, the commissioners each spoke articulating their thoughts on the issue and here is how we interpreted their remarks. Chairman Loomis, Commissioner Bednarcyk, Commissioner Gardow, Commissioner Mead (alternate), Commissioner Drake (alternate) and Commissioner Cole (alternate) all embraced specific language for the Plan. Commissioner Piecuch, Commissioner Houlihan and Commissioner Jansen were adamant in their opposition to specific language in the Plan although their rationale differs.  Commissioners Houlihan and Jansen oppose placing any limits on developers while Commissioner Piecuch now insists on two points:  (1) Planning Commissioners are not competent to articulate specific standards for future development, and (2) it is more important to adopt a POCD consistent with the wishes of the Zoning Commission than to adopt a plan consistent with the widely acknowledged wishes of the residents. This results in the continuation of a stalemate, a three - three split on how to best define the desirable performance objectives for a mixed-use development on the CL&P property.

 

Because the Planning Commission continues to be deadlocked on the Special Areas section of the Plan, the completion of the new Plan is now delayed further, probably for at least another three months. Therefore, Konover's pending application for River Oaks, will most likely be reviewed under the guidelines of the now outdated town Plan, which does not contain an alternative mixed use option for the CL&P parcel. It is our understanding that if Konover submits a proposal before the new Plan is voted in, they will need to request a zone change and will submit a zoning amendment for a mixed use zone for the CL&P parcel. Konover will still need to go before the Design Review Board, the Planning Commission and for the final approval, the Zoning Commission.

 

The discussion and vote on the Special Areas section of the Plan will be continued at a later meeting probably in early March. We will let you know when and where the meeting will be once we have that information. In the meantime we will continue to keep you up to date about important meetings and events as we hear about them. Thank you for your continued interest and support.

 

Your devoted SHARE Steering Committee

 

 

CT Smart Growth – Konover co-opts New Urbanism

http://www.ctsmartgrowth.com/showDiary.do;jsessionid=80CDAED10746A1F6374D93138EDB92FC?diaryId=21

 

by: commonweal

Thu Feb 22, 2007 at 11:46:04 AM EST 

 

Imagine my surprise when I picked up my copy of the Tri-Town Post today and read that Konover has embraced New Urbanism.  According to their PR people, the River Oaks design is part of a development trend called New Urbanism.  "The mixed use design concept is a traditional neighborhood,"  stated senior Konover VP Stan Glantz.  "It is a return to the 1890s when people walked to the store.  It is very much a return to the days of the early stages of the automobile." 

Being a historian, I don't recall 100,000 sq. ft. Target box stores in the 1890s.  Also, does Target know that only people within walking distance will be going to their store?  If that is the case, why is Konover and the DOT looking to widen Route 10 to accomodate the increase in traffice River Oaks will attract?

 

 

Let me be very clear about this.  Konover's sudden embracement of New Urbanism is strictly a PR move to get their River Oaks project approved.  Check out the principles of New Urbanism and tell me if any of them encourage the development of big box stores, large asphalt parking lots, or the widening of roads to accomodate the influx of increased traffic.  Furthermore, how does a 100,000 sq. ft. Target meet the goal of "Human scale architecture & beautiful surroundings that nourish the human spirit"?

River Oaks will not be a traditional mixed use neighborhood.  It is a large, big box commercial development dressed up with a sprinkling of condos and apartments.  The developers of the Shoppes in Canton also promised a "traditional Main Street" development and even hinted that they might have some residential and office space included in their project.  But, lo and behold, when they started building the Shoppes, they announced that due to market demands they needed to build more big box stores and scrapped any mixed-use plans.

 

I hope Simsbury residents and town officials do  not fall for this obvious and desparate PR move by Konover.  Desginating Route 10 as a Village District and limiting the size of commercial development would be a good first step in truly embracing New Urbanism.  Actually building a neighborhood with the needs of the residents in mind first and not the needs of commercial clients would also be a positive step. 

 

Stay tuned for more and make sure to bring your boots -- I am sure the PR rhetoric is going to get very deep.

 

Nightmare on Hopmeadow Street

 

This SHARE News Flash is a must read!!!

 

As Joni Mitchell once wrote in the famous song Big Yellow Taxi:

 

They paved paradise

And put up a parking lot

With a pink hotel, a boutique

And a swinging hot spot

Don’t it always seem to go

That you don’t know what you’ve got

Till it’s gone

They paved paradise

And put in a parking lot

 

 

 

Your SHARE Steering Committee urgently wanted to bring to your attention the latest information, we have obtained, because we feel that this is one of the most startling and disturbing documents we have obtained to date.

 

The information contained in this News Flash, the documents in the attached PDF file and the details in the full document on the SHARE website reveals that Konover Development may not have been forthcoming with our town so far with regards to the massive plans they have for River Oaks.  In fact, based on the attached document, Konover plans to build out River Oaks to include nearly 1 million square feet of various types of structures.  This would make River Oaks one of the largest developments in Connecticut and we find this to be a truly horrifying concept for our town!

 

The attached document can also be downloaded at:

http://www.sharesimsbury.com/Docs/DOT/DOT_FOI_Newsflash.pdf

 

The Full document can also be downloaded at:

http://www.sharesimsbury.com/Docs/DOT/DOT_FOI_News_Flash-Full_File.pdf

 

The attached PDF file is a portion of a document we obtained from a Freedom of Information Act request from the Connecticut Department of Transportation (DOT).  We had suspected that Konover Development had discussed alterations to Route 10 with the DOT for some time and our instincts held true.  Please take a few minutes to look through this document to see what Konover Development has in mind for the Southeastern Gateway to Simsbury.

 

Here are a few preliminary comments we would like to make based on our review of these documents:

 

  • Konover has said for 1.5 years that they had planned about 200,000+ square feet of retail plus some offices and residential buildings.  In general their plans for the amount of square footage being contemplated was fuzzy.  It was hard to interpret their plans based on the watercolor pictures in the River Oaks brochure that was sent to all residents and the vague language in the text.  However, as you can see from the chart on the fourth page of the attachment, these plans call for about 444,000 square feet of retail, 268,000 square feet of offices, 30,000 feet of motel, 26,000 square feet of high turnover restaurant, and about 250,000 square feet of various forms of residential units comprised of 329 individual dwellings (we used an average unit size for all residential units of 750 square feet so all the residential numbers in the table are multiplied by 0.75 for our calculations).

 

  • We can’t even begin to imagine the gridlock that this proposed traffic configuration will create for our town.  Can you imagine the current traffic load on Route 10 plus the additional load due to an additional 1,000,000 square feet of buildings?  The traffic volumes listed on the fourth page of the attachment appear to be significantly lower than the estimates we have obtained from another traffic consultant.  One point that supports the assertion that these numbers may be flawed is the difference in the numbers on Konover’s chart between the non-Christmas Season and Christmas Season traffic for the Big Box – a difference of only a few hundred cars a day during Saturday Peak.  We ask you, were there only a few hundred more cars on a Saturday during holiday season versus a non holiday season weekday at the new mall in Canton?  Our observation was that the traffic volumes were much much greater during holiday season than during other times of the year at that shopping center.

 

  • Our research shows that the Konover traffic volumes indicated on page four of the document are markedly lower than other traffic volume studies we have seen.  There are numerous references for Traffic Impact Analyses (TIA) and the most used reference is the Institute for Transportation Engineers’ Trip Generation Manual.  One academic website we found with some interesting information is located at:

 

http://www.lic.wisc.edu/shapingdane/facilitation/all_resources/impacts/analysis_traffic.htm

 

which lists several tables of traffic volumes.  From this reference, just the 316,000 square foot Shopping Center listed on the table on page 4 of the Konover document is expected to generate an average number of daily trips in a range from 12 to 270 daily trips per 1000 square feet.  Even if we use the minimum number in this range, this results in 12 * 316 = 3792 trips per day.  This number is 1730 trips per day higher than the Christmas peak number of 2062 in the Konover study.  This number is approximately equal to Konover’s estimate of the total number of car trips for the entire development on a peak Christmas Saturday.  In short, we have significant questions regarding Konover’s traffic volume numbers.

 

  • We believe that it is essential for the town to require Konover to reimburse the Town of Simsbury for the town to hire impartial, expert consultants to study the impacts of River Oaks on net tax benefits, traffic, crime, noise, light, environmental factors, town infrastructure, etc.  In short, a development of this magnitude will clearly have a huge impact on our town and our elected and appointed officials must be sure all the facts are available and understood.

 

  • Konover’s prior claims that the traffic impact of River Oaks will be minimal are absurd.  Remember, the entire reason these types of developments are built is to generate traffic.  Why would a retailer want to locate their super-store in a development with minimal traffic?  We believe Konover’s claims about manageable traffic volumes cannot possibly be valid.

 

  • The maps and drawings of the alterations to Route 10 are horrific.  Can you imagine what it would be like to enter or leave our town on Route 10 with a development of this size, with traffic volumes of this magnitude, and with Route 10 configured in this fashion?  We have heard from most of you that you want Route 10 to stay a two lane road but we assume that also means a two lane road without numerous traffic circles, without five curb cuts and without other traffic slowing obstacles.  Since there are very few traffic circles in Connecticut, we believe that drivers’ unfamiliarity with traffic circles will likely cause a significant slow down in traffic and possibly an increase in accidents.  It already takes too long to travel down Route 10 to/from Avon – we can’t imagine what this journey would be like with a development of over 1,000,000 square feet of buildings.

 

  • Notice that much of the parking for the development is practically right on Route 10.  There is no wide greenbelt separating the roadway from the parking lot.  Given this diagram we don’t see how there could be the types of roadside greenery, stone walls, trees, and walkways envisioned in Konover’s watercolors.  This is why SHARE has been strongly advocating that a wide greenbelt be specified in the Plan of Conservation and Development for any development on the property.  As you drive down Route 10 as envisioned here, all you will see are acres and acres of parking lots – the worse kind of sprawl imaginable!

 

  • The information revealed in this document absolutely reinforces the necessity of having specific numbers and metrics in the town’s new Plan of Conservation and Development, Special Areas, Southern Gateway.  Please remember to support SHARE’s proposal for specificity in the Plan by attending the upcoming Planning Commission meeting on February 13th at 7:30 PM (location to be announced soon).  You should also send your own letters voicing concern and support for specific size metrics in the Plan of Conservation and Development.  Your letters must be received at town hall no later than February 7th.  Send your letters to Hiram Peck, Simsbury Town Hall, 933 Hopmeadow Street, Simsbury, CT 06070.

 

Rarely do we find ourselves speechless.  As your volunteer advocates for responsible expansion in Simsbury it is our job to speak out about how outrageous this document is and the negative impact River Oaks might have on our town as envisioned here.  But we can’t do this all alone, we need your helpall of you!

 

As we’ve said before, the most effective way to get our elected and appointed town officials to stop and listen is for you to call, write, and speak to them.  So we encourage you to do just that.  You can find the phone numbers, addresses, and email addresses of all elected and appointed officials at the www.sharesimsbury.com website (click on the Contact Town Officials box on the left of the main page).

 

Contact any and all of our elected officials and tell them what you think of this.

 

Finally, please, please, please continue to speak out.  Your voice is all you have here. You will not get to vote on this issue.  Please realize that – again, you will not get to vote on this issue – it is not the way the legal process works for this type of development.  Whether or not River Oaks is built to forever change the quality of life in Simsbury is entirely the decision of our town’s land use commissions (Planning, Zoning, and Design Review).  So speak up, SPEAK LOUDLY and tell them what you think.  Do it now.  Don’t wait to later.  Later may be too late!

 

Your Devoted SHARE Steering Committee

 

 

P.S. - We need funds to help pay for SHARE’s activities and research.  Please send your donations to SHARE, P.O. Box 594, Simsbury, CT  06070

 

P.P.S. - The attached document is a 6 page abbreviated version of the full DOT document that SHARE obtained.  For those who want to read the full document with all the traffic factors and statistics, it is available at:

 

http://www.sharesimsbury.com/Docs/DOT/DOT_FOI_News_Flash-Full_File.pdf

 

 

 

Details of the Hoffman re-development plan

 

Dear SHARE members,

 

Recently several SHARE Steering Committee members viewed a presentation on the proposed re-development of the Hoffman Auto property located on the corner of Bushy Hill Road and Rt. 44 in Simsbury. An important goal of SHARE is to be aware of and educated on all major developments occurring in Simsbury. Below is a summary of what we learned:

 

Throughout the meeting, we noticed that the developer took great care to address concerns of neighboring residents. We feel that the developer has taken a sincere approach in proposing a re-development plan that will benefit the Town of Simsbury, while still maintaining its character.

 

  • The development will include:
    • New Honda and Toyota showrooms and service centers
    • A new Nissan showroom and service center, combined with a new Auto Body Shop
    • A new Munson's store
    • A new Best Buy store

 

As of now, the Design Review Board voted unanimously to recommend approval to the Zoning Commission of the site plan application and the Planning Commission voted unanimously to recommend a zone change to the Zoning Commission with a few conditions agreed to by the developer, such as continuing to completely restrict any commercial access to or from West Mountain Rd. The town of Simsbury Economic Development Commission has also unanimously approved the redevelopment proposal and sent a letter of recommendation to the Zoning Board.

 

Now to go into a little more detail:

 

  • The existing Toyota and Honda showrooms and service buildings will be re-developed. All three "octagonal" buildings will be removed. The new showrooms will meet Toyota and Honda guidelines which, as a starting point, require a "standard" design so that the franchise can be identified by the building instead of a large sign.  The developer, with guidance from Town staff and Simsbury’s Design Review Board, negotiated with Toyota and Honda to modify the buildings to fit the context of Rte 44.  Our sense was that the height of both buildings will visually appear shorter than the existing "octagonal" buildings.

 

  • A Nissan dealership and new Hoffman Auto body shop will be added at the northwest corner of the property as a 2-story structure built into the hillside.  With a 12-foot downward slope from Rt. 44 to the rear edge of the Hoffman site, this will significantly reduce the visual impact of this two story building, as its visual height from Route 44 will essentially mirror that of the single story buildings closer to the front of the property.

 

  • The Best Buy will be a 30,000 sq. foot building, with an attached 3,000 sq. ft. Munson's. Following meetings with the Design Review Board, Best Buy agreed to modify its large yellow sign so that it will not be the same pronounced sign seen on most Best Buy stores.

 

  • They will not add any curb cuts to W. Mountain Road.  All traffic will continue to enter / exit their existing curb cut to the 4 lane Rt. 44, our region’s major traffic infrastructure.

 

  • The distance of the redesigned Toyota and Hoffman dealerships to residential neighbors will not change.  The plan though calls for significantly buttressing the existing 50-foot buffer between their property and W. Mountain Road.  For example, the pines in that location have thinned out at the lower heights over the years, such that the visual buffer into the Hoffman site has been diminished.  The plan calls for enhancing this buffer to increase privacy to neighbors. Also, while this buffer is maintained as a conservation easement, that easement expires in a few years. However the developer seeks to make this conservation easement permanent.

 

  • All "activity" at the site is focused inward or towards Route 44 with the intent of minimizing disturbance to neighbors.

 

  • Additionally, the developer is working with a lighting design expert to bring to the site custom designed lighting, known as “full cut off”, to reduce "light pollution".  A positive benefit of site redevelopment for local residences and the overall appearance of the site, this is also consistent with the "dark skies" initiative that the Town of Simsbury is in the process of adopting.  Full cut-off lighting is designed to minimize the impact of commercial lighting on residential neighbors, by not spilling over site boundaries

 

  • From an environmental perspective, some of the additional land they're looking to acquire will be used for a new water detention basin (located toward the back of the property), which they stated will exceed the new DEP water quality requirements. 

 

  • In addition some attention was given to separating pedestrian traffic from vehicular traffic  by adjusting traffic flow and road design in order to allow safe pedestrian traffic between the auto showrooms, Best Buy, Munson's and the neighboring McDonalds.

 

  • With respect to concern for neighbors, the exterior walls facing W. Mountain road will be painted a mute beige color, as opposed to a bright white, and the Honda dealership will forgo the "blue wave”.
  • For the Toyota and Nissan dealerships, the materials used will be similar to that which is used at their Audi dealership in East Hartford.

 

  • The developer has already performed a traffic analysis of the redeveloped property and found that there would not be a significant impact on current Route 44 traffic. Some of facts supporting their claim are: 

 

    • Auto dealerships by nature are not large traffic generators. People come in & out at different times, with the only peak hours being drop-off & pick-up, which already exists at the site
    • Munson’s does a good business but is not a big traffic generator.
    • Best Buy, while considered a Big Box, does not generate the type of traffic as a Wal-Mart, Target, or supermarket because Best Buy is more of a durable goods store.  How often will one return to Best Buy to purchase another TV?  Wal-mart, Target, supermarkets, and other such stores offering non-durables generate far greater traffic.  The heaviest traffic for a Best Buy would be during the holiday shopping season, and on Sundays (when new sales start), while the car dealerships are closed that day.

 

  • The developer has performed an extensive economic impact analysis that indicates that there will be an increase to Simsbury's tax revenue of approximately $350K per year, with one time fees paid to the town of $225k, all of which we believe will far exceed any additional drain on town resources. 

 

From what we have been presented with, this appears to be a great example of “responsible expansion” for the Town of Simsbury, the re-development of an existing commercial site:

 

  • The developer has reached out to neighbors and is striving to enhance their current circumstances.
  • This redevelopment improves a commercial site by reducing light pollution, enhancing buffers to the neighbors, instituting higher environmental standards, and integrating safe pedestrian walkways. 
  • The site IS ON Rt. 44, the appropriate infrastructure for this type of development in our region, with the ability to handle traffic generated by such national retail stores.
  • The types of businesses are all low generators of traffic in relation to many of the other uses traditionally seen on 4 lane roadways such as Route 44, and the peak traffic hours for the business are at different times of the day & week.
  • There appears to be a positive tax gain from both one-time payments to the town, as well as recurring tax revenue.
  • This development coincides with SHARE’s zoning petition signed by 2200 Simsbury residents.  It asked to limit large scale, single use retail to 40,000 square feet, unless there is a curb cut on Route 44.  The proposed Best Buy is both under 40,000 square feet and enjoys direct access to Route 44.

 

Now for the most important and crucial issue this proposal faces before obtaining final approval from the Zoning Commission:

 

The developer (Hoffman) is seeking a complex zone change in order for their re-development proposal to work. Currently the existing Hoffman property is partially zoned commercial and partially zoned residential. Additionally, their current “lot coverage” (or the amount of land that is covered with an impervious surface) is 70%, which has been accepted as pre-existing non-conforming coverage. The Town of Simsbury currently has a limit of 60% lot coverage under special exception. In order to reduce their lot coverage, the developer has an option to purchase an additional 6 acres of land to the north of their property. This land is currently zoned residential. The developer is seeking to “join” both land parcels into one continuous land parcel zoned commercial. This is where things get complicated. There is a 50-foot wide strip of land owned by an abutting Canton resident that bisects and divides the two land parcels. This creates a considerable issue facing our town Zoning Commission which must decide whether the non-contiguous nature of the two parcels prevents the town from considering both parcels as one for purposes of lot coverage.

 

We will bring you additional information as it becomes available.

 

The developer will go before the Zoning Commission on Monday February 5th to present their plan, and request a zone change. In the meantime we encourage you to write our Town Zoning Commissioners to express how you feel about this proposal.

 

Thank you for your continued support.

 

Sincerely,

 

Your devoted SHARE Steering Committee

 

 

News Flash - SHARE Submits Revised Language to the Planning Commission:

 

 

In order to keep all SHARE members as informed as possible, we wanted to update you on some recent events.

 

Following the December 28, 2006 Planning Commission meeting that we informed you of in our last SHARE News Flash, we met with Greg Piecuch, Planning Commissioner, to  listen to his concerns about the former POCD language and to discuss with him our issues and what we felt the POCD needed to accomplish in articulating a vision for the Southern Gateway.  Mr. Piecuch was interested in SHARE's input after the December 28, 2006 meeting.  After these constructive dialogues, SHARE sent a document of suggested POCD revisions to John Loomis, the Chairman of the Simsbury Planning Commission. A copy of the document is posted just below this message or you can <<click here>> for a printable version of the document.

 

We expect that these suggestions will be discussed in the January 9th Planning Commission meeting.

 

Please note that the attached file only lists the language for those sections impacted by the recent Planning Commission discussions.  The changes that SHARE is suggesting are in red font in the document.

 

Sincerely,

Your SHARE Steering Committee

 

 

How We Want To Grow - Special Areas

December 29, 2006

Page 94

SOUTHERN GATEWAY DESIRABLE PERFORMANCE OBJECTIVES (continued)

 

Design Context (continued)

 

  • Create a compact, physical settlement/workplace village center surrounded by a protected greenbelt used for recreational and environmental purposes as well as for the protection of the pre-existing adjacent residential neighborhood
    • Establish a deep, wide continuous roadside greenbelt along Hopmeadow Street as open space resource protection meeting the following objectives:
      • be a central design element that creates a park or green space with a variable depth from the street equivalent to the width of a regulation soccer field where residents will have the opportunities for significant and varied active recreation;
      • maintain a substantive transition area between the mixed-use development and residences to the west; and
      • project the sense to those driving along Hopmeadow Street that the roadside greenbelt and a continuous view of the ridgeline vista—and not the mixed-use development—is the defining feature
      • Restrict the roadside greenbelt with a conservation easement
      • Define the Village Center edges with open space to secure site identity.

 

Land Use

  • To encourage a mixed-use development, recommend that the Zoning Commission consider granting a density bonus to a development proposal meeting these criteria (perhaps by increasing the maximum coverage limit from 40% to 50%).
  • Recommend to the Zoning Commission that the mix of uses contain a minimum amount of public, core commercial and residential uses (perhaps including the following guidelines for concentrated uses) as a percent of the Village Center area:
      • Civic: 10%
      • Mixed-use: 12-30%
      • Office: 10-20%
      • Non-Office Commercial: 0-10%
      • Residential: 40-50%

 

 

How We Want To Grow - Special Areas

December 29, 2006

Page 95

SOUTHERN GATEWAY DESIRABLE PERFORMANCE OBJECTIVES (continued)

 

Land Use (continued)

 

  • Use areas:
    • Conservancy Areas - Protected open space, including, e.g., greens, commons, and private noncommons on parcels used for agriculture, public recreation, and gardens.
    • Residential Area - Variety of housing options with a broad range of housing types such as apartments, townhouses, duplexes, and small lot single family
    • Mixed-Use Area - The primary intention is to provide uses that meet the retail and service needs of a traditional community center and its vicinity and may contain other compatible uses such as civic and institutional uses of community-wide importance and second-floor office and/or residential uses. The following are intended to establish guidance for overall form and scale:
      • Locate commercial activities within a consolidated core area for walkability and convenience with the following objectives:
      • Create a strong sense of streetscape between building setbacks and streets (including internal travel ways that function like streets).
      • Emphasize an internal network of two-lane streets that are as narrow as possible.
      • Move building frontages toward the street and generally next to the sidewalk in order to reinforce the human scale and walkability of the mixed-use core.
      • Create attractive streetscapes with combinations of wide sidewalks and street trees;
      • For buildings that oppose each other across the street, encourage a 2:1 ratio where the separation between the front facades is twice the building height.
  • Provide for a complementary mix of building sizes between one-and-a-half and two and- a-half stories above grade for variety, visual interest, and human scale proportions:
    • Avoid the monolithic and repetitive types of structures
    • For guidance purposes in representing human scale, maintain a ratio of maximum building dimension of width or depth to height, such that the maximum dimension of either the width or the depth varies from 1.5 times to 4.5 times the building height.
    • For human scale reference, the main building footprint of Simsbury Town Shops is about 26,000 square feet, the adjacent Starbucks is 2,000 square feet, and the Prudential Realty building is 2,400 square feet.
    • For guidance purposes in representing human scale, building height should be about 25 feet for a one-and-a-half story building and about 35 feet for a two-and-a-half story building.

 

Sunday December 31, 2006

Three Planning Commissioners derail the printing and distribution of the recently approved Plan of Conservation and Development...

  

The following is a summary of the full story which is contained below.

 

Summary:

 

On December 28th three Planning Commissioners (Greg Piecuch, Chip Houlihan, and Ferg Jansen) used a seldom exercised Planning Commission procedural rule to call a special meeting to rescind the release of the previously approved Plan of Conservation and Development just one day before it was scheduled to be printed and distributed to state and local government officials as well as to Simsbury citizens.  These commissioners specifically targeted the Southern Gateway (CL&P) property where Konover Development wants to build their project called River Oaks.  These three commissioners called for the elimination of any reference to retail size limits and standards in the Plan.  The Planning Commission reluctantly accepted the motion to rescind the plan and return to refining the Plan’s language, thereby delaying a plan that is already nearly three years late in delivery.

 

SHARE is very disappointed in the Planning Commission’s decision and specifically the actions of these three commissioners (Messrs. Piecuch, Houlihan, Jansen) who are supporting Big Box development directly and indirectly.  During this meeting, two commissioners suggested that size limitations should be put to public referendum (Commissioners Mead and Bednarcyk) while Chairman Loomis and Commission Alternates Mead and Drake argued strongly to maintain metrics in the Plan.  Commissioner Gardow relented to the dissenting trio.

 

As we have consistently stated, SHARE supports the direction of including metrics in the Plan and would like to see a town wide vote of some form as we believe it is the best way to finalize an already late plan and ensure that the citizens of Simsbury have a say concerning Big Box development and how metrics should be articulated in the Plan of Conservation and Development.  However, the Planning Commission and the Town does not seem interested in soliciting information from a public referendum or a town wide comprehensive information gathering process.

 

So please voice your opinion to our town officials, the newspapers, and some state officials detailed below.  It is the only way we can defeat the forces promoting Big Box development in Simsbury.

 

For the full story, please get some water and antacid and take the time to read the details below.

 

*********************

 

Dear SHARE Members:

 

Please read this all the way through - you have some work to do!  There were some unfavorable events that happened at the Special Meeting of the Planning Commission on December 28th.  All of us as citizens need to do something about this.

 

*********************

 

But first we’ll set some background with an attempt at humor and with apologies to Clement Clarke Moore:

 

Twas the middle of vacation week when all through the town

Not a resident was stirring as the Planning Commission began to frown

Families were gathered enjoying the toys on their floors

In our wonderful town free of Big Box stores

 

The Draft Plan of Conservation and Development was all done and approved

With completion stamped on it and all ready to move

The State and the Board of Selectman and the Public were ready to read it

To be sure that it said what the residents wanted in it

 

When out in the town there arose such a clatter

The Planning Commission sprang from its holiday to see what was the matter

To Town Hall they flew like a flash

Turned on the lights, gathered together and began to clash

 

For while we were resting, three Planning Commissioners were scheming

To remove all metrics, size limits, and greenbelts was what they were dreaming

When what to our wondering eyes and ears should appear

But Messrs Greg Piecuch, Chip Houlihan, and Ferg Jansen disgruntled – oh dear!

 

With this unlikely trio having unity and a lot of audacity

We knew in a minute it must be politics and non-representative tenacity

More rapid than in previous meetings their strategy expressed

And in the end, previous decisions were rescinded and the metrics amiss

 

******************

 

OK… we’ll stop the attempt at humor but after Thursday’s Planning Commission meeting we thought that we and you might appreciate a little.  Because what we witnessed Thursday night was anything but humorous.  What we observed was the last thing we expect to see in a representative government in action.  So here’s what happened.  We’ll try to be brief and precise but please bear with us because the story is a bit long and complex.

 

  • On December 19th there was a Planning Commission meeting where five of the voting members (Loomis, Piecuch, Bednarcyk, Gardow, Jansen) and two alternates were present (Drake, Cole).  For the meeting, Chairman Loomis appointed Mark Drake (alternate) as a voting member because Chip Houlihan, a voting member, was absent from the meeting.  At that meeting the Draft Plan of Conservation and Development (POCD) was being finalized prior to having it distributed for final comment to the public and various State and Town commissions and agencies.  Significant changes were made to the document.  Most of the very specific metrics and size limitations had been removed at a Dec 12th PC meeting much to SHARE’s chagrin.  Once again, politics and the voices of special interest groups like the Chamber of Commerce (who two of the Planning Commission voting members are very active with (Jansen and Houlihan)) and commissions like the Economic Development Commission and the Zoning Commission had gotten their way at the expense of the overwhelming desire of the residents of Simsbury who made their point of view known.  The 2210 signatures that SHARE had obtained during a five week period expressing a desire for such metrics and size limitations seemed to have fallen on deaf ears.  But did they?
  • But first, one brief digression from the main story because this one is of special note.  The Dec 19th meeting was originally to be held in a small room in Town Hall.  Early that day it became clear to Chairman Loomis that the room was going to be too small to accommodate the meeting so the room was changed to the large meeting room in the Library.  Chairman Loomis had signs and notices prominently placed all over Town Hall and the meeting began in the Library 15 minutes later than scheduled to allow people to make their way to the Library.  Over 40 people attended the meeting after seeing the signs in Town Hall.  Keep this all in mind for explanation later in this email.

 

  • Late in the Dec 19th meeting (which went on until after midnight) the Planning Commission began to discuss some changes to the section of the POCD that dealt with the Southern Gateway (CL&P property) where Konover Development wants to build River Oaks.  There was a very heated discussion about adding in specific language that would provide guidelines for suggested sizes of buildings and a greenbelt along Route 10.  The opposing opinions to this revision were led by Greg Piecuch who argued vigorously against the Plan including any specific numbers.  Commissioners Loomis, Bednarcyk, Gardow, Drake and Cole as well as the Chairman of the Design Review Board, Emil Dahlquist, all agreed that the specific numbers should be included in the Plan in order to accurately articulate a vision for the future development of the Southern Gateway.    SHARE thought the additions were favorable as they returned some metrics, albeit less rigid ones, to the POCD as it pertained to the CL&P property.  In a complete reversal of his past statements and endorsements of including specific numbers in the Southern Gateway sections throughout PC meetings over the last year, Mr. Piecuch suddenly changed his mind and now is vehemently opposed to including any such metrics in the POCD.  We leave it up to you to figure out how and why he has completely reversed his position as we are completely perplexed about this.  SHARE believes that metrics do a good job of providing parameters to a vision as numbers help to put boundaries on abstract terms and concepts.  We believe, and have heard from thousands of you, that we all like numbers in such documents.  Absent numbers, limits and constraints are left to the ‘eye of the beholder’.

 

  • After this heated debate there was a vote of 4 to 2 to return to the POCD some expression of suggested sizes for buildings (2000-25,000) square feet per floor (2 floor maximum), variable greenbelt sizes of 200-300 feet to prevent development too close to the road, encourage a 50-70 foot separation between buildings to discourage dense strip mall type development and encourage village style development.  The document also provided visionary guidance on the height of buildings and the desire to have different building heights and styles to prevent homogeneity and enhance visual appeal.  In the end, your SHARE Steering Committee thought this was all good stuff and was worded in a way that were clearly recommendations and advisory but clearly painted a picture of what the town would like to see rather than some huge monolithic ugly Big Box.  The 4 to 2 vote went as follows: Voting in favor of adding the metrics language to the Southern Gateway (CL&P parcel) section of the Plan were Loomis, Bednarcyk, Gardow, and Drake (alternate voting in the absence of Houlihan).  Voting to oppose adding the metrics language were Piecuch and Jansen.

 

  • Despite the heated debate, the vote stood and everyone went home tired after midnight.

 

  • But apparently some members of the PC and other involved parties had other ideas and the phone calls must have begun almost immediately.  Within a day or two a Freedom of Information complaint letter was sent to the PC by a resident (and town political ‘insider’).  Alleged in the complaint was that the meeting was illegal and all business conducted at the meeting should be nullified because the PC moved rooms without 24 hours notice.  In addition, Messrs. Houlihan, Jansen, and Piecuch used a seldom used rule in the PC’s rules to call a Special Meeting of the PC to discuss the FOI complaint and to discuss rescinding the results of the December 19th meeting.  These three commissioners wanted to have the meeting immediately so it was held on Thursday December 28th – in the middle of vacation week when many citizens are not available or paying attention to such issues.

 

  • At the outset of the Dec 28th meeting the town attorney conveyed his analysis of the FOI complaint.  He reminded the PC that the complaint was not an actual complaint because no official complaint had been filed with the State’s Freedom of Information (FOI) Commission.  He said that he consulted the Connecticut General Statutes and consulted with the FOI Commission and it was his opinion that the complaint would not result in voiding the meeting results because prior FOI Commission rulings favored moving meetings to larger rooms to accommodate the size of an audience as long as a room change had adequate signage.  The town attorney felt that the PC was in a favorable place with regards to the FOI complaint and that if there was a hearing with the FOI Commission, the complaint would not prevail.

 

  • Throughout this explanation from the Town Attorney, Chip Houlihan asked numerous questions about the FOI laws and rules and seemed to be the most interested PC member on the issues being discussed.

 

  • The meeting then continued, absent the FOI issue, with an extremely lengthy discussion about rescinding the results from the previous meeting.  At issue was the desire of Messrs. Houlihan, Jansen, and Piecuch to go back to the ‘drawing board’ with the POCD to remove all metrics from the Special Areas section of the Plan and specifically from the section on the Southern Gateway (CL&P) parcel.  Numerous points of view were articulated.  Several members of the PC spoke eloquently (Loomis, Bednarcyk, Mead) that they had heard from numerous residents and the consensus is that people want metrics and specific numbers in the plan to put boundaries on the size of development.  But these proponents of numbers were speaking to an unwavering group of three (Houlihan, Jansen, and Piecuch).  These three PC commissioners, for reasons which your SHARE Steering Committee cannot comprehend, seem determined to not have any such metrics in the POCD.  And please remember that the argument at this meeting was about metrics only in the part of the POCD for the Southern Gateway (CL&P) parcel.  Why are these three commissioners so adamant to not limit the size and scale of development with numbers in the POCD for just this parcel?

 

  • Because the PC meeting was so spontaneous and held during vacation week, SCTV was not able to video tape the meeting.  Your SHARE Steering Committee brought our own video equipment to film the meeting.  We will try to get this tape submitted to SCTV for broadcast.  There were some extraordinary statements made at the meeting that everyone should watch if possible.  A favorite of one SHARE member in attendance was Chip Houlihan’s comment about how what Simsbury needs is a store like Orvis where you could step out of the store and test a fishing pole in the river.  That SHARE member went up to Mr. Houlihan after the meeting to remind him that Avon already had an Orvis and that the river is at least a quarter mile away from the CL&P property since there is a state park in between the property and the river.  He also reminded Mr. Houlihan that it was illegal to fish in the river except during fishing season.  Mr. Houlihan seemed interested in this information.  But we digress.

 

  • To make a ‘short story long’, unfortunately after much debate the three dissenting PC members (Houlihan, Jansen, Piecuch) prevailed because the PC was concerned that they were in a deadlock situation.  Commissioner Gardow made a hasty decision to vote on this issue with the dissenting three because he was concerned that if they voted to continue with the POCD as it was currently drafted then changes might need to be made after the draft was distributed to the public.  Commissioners Loomis and Bednarcyk did not support this position because they believe that the plan needs to go to the public for review and comment first as it is ‘the people’s document’ and they wanted people to have the opportunity to read it before the PC continued to tweak it.  They believed the tweaks could be made later while the public reviewed the document and then presented to the public later.  Commissioners Loomis and Bednarcyk argued strongly to keep the metrics in the document because they believe such boundaries and limits are important for the town to publicly express.  Incidentally, all of the other issues voted on at the Dec 19th meeting were not disputed and remained intact in the POCD.  Your SHARE Steering Committee finds it odd that Messrs. Houlihan, Jansen, and Piecuch have such unified and strong opinions against metrics in the POCD and why no other issues discussed and modified in the POCD were of interest to them for further discussion.

 

  • So the Planning Commission now goes back to the drawing board to hash out their differences.  The POCD was close to being done but now its completion date is unclear.  Also unclear is the status of having metrics in the POCD.

 

To conclude we are giving you all some very important ‘homework’:

 

  • Please, please, please get noisy.  Let your thoughts and desires be known to the Planning Commission, the Zoning Commission and the Board of Selectman.  Write letters and emails both directly to our elected officials as well as to the Hartford Courant and the Simsbury Post.  Use names of the commissioners you are disappointed in within your letters to the newspapers.  Politicians don’t like public criticism but we believe that some of them deserve it.  The email addresses and mailing addresses of all commissioners are on the www.ShareSimsbury.com website in the Contact Town Officials section.

 

  • Let all the planning commissioners know your points of view.  But in particular let Planning Commissioners Houlihan, Piecuch, Jansen and Gardow hear your points of view.  Let them know how important you think it is to have metrics in the POCD.  Let them know that you expect them to represent you and do what you, as the citizens who elected them, want them to do.  When you send emails or letters, carbon copy the other commissioners so everyone sees what you have to say.

 

  • Write letters to CRCOG (Capitol Region Council of Governments) about this issue.  CRCOG, a Connecticut regional planning organization, will be reviewing the POCD when it is completed and it is important for CRCOG to hear from citizens with their point of view about this issue.  Address your emails to Lyle Wray, Executive Director (lwray@crcog.org) and Mary Ellen Kowalewski, Director of Community Development (mkowalewski@crcog.org) or send letters to them at CRCOG, 241 Main Street, Hartford, CT 06106.

 

  • Attend meetings.  We need more people to regularly attend all town meetings.  We believe strongly that one of the reasons why some of our town officials are successful in doing things that are contrary to the wishes of the citizens is that they don’t feel accountable enough.  And a big reason for this is that there isn’t enough diverse attendance at various town meetings – the commissions see the same citizens in attendance all the time.  We need more people to attend and if lots of people attend and speak to them about their views, the commissions will better hear the people and feel the pressure to represent the people they were elected by.  Go to www.TownofSimsbury.com to see the meeting schedules (http://simsburyct.virtualtownhall.net/Public_Documents/SimsburyCT_MeetingCal/?FormID=158 ).

 

Please get involved more with SHARE.  Reply to this email and let us know if you are able to volunteer to help with this struggle.  We need more people to get directly involved because we are an all volunteer organization.  At the very least, as the effort grows, we need your monetary contributions.  We hate to ask, but SHARE has bills to pay and legal expenses for the advice we continue to need.  Please send us a check for whatever you can afford to SHARE, PO Box 594, Simsbury, CT  06070.

 

We are planning to have some form of ‘No Big Box’ lawn signs made up.  Please reply to this email if you would be willing to put such a sign on your lawn.  We believe it would be an effective tool to communicate how many of us are opposed to Big Box development in Simsbury beyond Route 44 if everywhere you drove in town you saw such signs.  So please let us know if you want a sign (there will be a nominal charge for this to recover the cost of the sign).

 

Lastly, again, please speak out.  Please let your town officials know your point of view.  Please write letters to the newspapers.

 

As always, thanks for your help and support.  And Happy New Year!  We hope the new year brings a more open town government that is willing to listen and act on the resident’s overwhelming desire to not have Big Box retail built and then spread up and down Route 10.

 

Sincerely,

 

Your Loyal SHARE Steering Committee

 

 

 

 

*Letter to the Editor (published in the Simsbury News 1/3/2007):

 

December 29, 2006

 

There were so many problems with the December 28 Simsbury Special Planning Commission meeting that I don't know where to begin.  It  was called by three commission members: Greg Piecuch, Ferg Jansen, and Chip Houlihan.  These boys were not happy with an action taken at the previous meeting which would prohibit the development of Big Box stores on Route 10.  Going against the town attorney's advice, Greg Piecuch moved to rescind the action.  During the lengthy debate over the motion, Commission members repeatedly treated Sue Bednarcyk, the only female member, in a dismissive fashion when she tried to state her opposition.  The fact that the meeting was called quickly, during Christmas week, and not adequately publicized, was discussed and dismissed.  The suggestion that, if brought to referendum, the citizens of Simsbury would overwhelmingly vote to leave in the Plan numerical guidelines for building size for development of the CL&P property was also ignored.  The boys beat their opinion to the ground until finally, Ernie Gardow, not looking forward to another 6 hour meeting, broke down and capitulated, essentially removing those immportant numerical guidelines.  This drama is all on tape, and I urge all Simsbury residents to view it on SCTV and read the minutes of December 19th and 28th when they become available.  It will leave you disheartened, disillusioned, and disgusted.

 

Janet Miller

 

 

A Letter to Planning Commission Chairman John Loomis

 

Mr. John Loomis

500 Firetown Rd

Simsbury, CT 06070

 

 

Monday, December 18, 2006

 

 

Dear Mr. Loomis:

 

I am writing in regard to the newest revisions to the draft POCD that were distributed at last week’s PC meeting on 12/12 and which I picked up at Town Hall this past Friday. I am specifically referring to the changes made to the Future By Design section of the plan that include the removal of the square footage restrictions for retail development in the transect sections (pg 60 & 61) the removal of the use areas restricting retail to 20,000 sq ft/floor (pg 102), as well as the removal of the language that suggests a 300 foot greenbelt along Hopmeadow Street for the Southern Gateway desirable performance objectives (pg. 101).

 

Having attended one of the public hearings for the draft POCD and having watched the other two on SCTV, it was obvious that the majority of the residents who spoke regarding the above issues were overwhelmingly in favor of the original language. It was also true that the people who spoke opposing them were either with the EDC, the Zoning Commission or the Simsbury Chamber of Commerce, representing a select minority. Additionally, the inclusion of the over 2200 signatures collected by SHARE in support of retail square footage caps, reinforces the premise that the majority of town residents want to keep the language specific in the POCD in order to ensure that the other town boards and elected officials, potential developers, landowners and residents all have a clear vision and definitive expectations of how we want to see our town developed over the next ten years.

 

I am extremely disappointed and frustrated that the Planning Commission, under your chairmanship and under Greg Piecuch’s, stewardship of the Future by Design chapter, has apparently given in to political pressure rather than stand firm in your convictions and do what is best for the majority, the residents of Simsbury, and for the future of the Town of Simsbury. I was absolutely astounded when I saw the revisions as I could not understand how the Planning Commission could so completely ignore the voices of the residents that you were elected to represent.  I strongly urge you to reconsider these changes to the Plan and reinstate the original language in the Future By Design sections. Thank you.

 

Sincerely,

 

Kirsten Griebel

 

 

cc:  Sue Bednarcyk, Carol Cole, Mark Drake, Ernest Gardow, Charles Houlihan,  Ferg Jansen, Brad Mead, Greg Piecuch

 

 

URGENT – Planning Commission draft POCD revision news

 

Monday, December 18, 2006

 

SHARE NEWSFLASH:  URGENT - ALTHOUGH OVER 2200 SIMSBURY CITIZENS SIGNED A PETITION SEEKING SQUARE FOOTAGE LIMITATIONS ON SINGLE-USE RETAILERS, ABSENT A DIRECT CURB CUT TO ROUTE 44, THE SIMSBURY PLANNING COMMISSION’S PROPOSED PLAN OF CONSERVATION AND DEVELOPMENT (WHICH ORIGINALLY INCLUDED THESE LIMITATIONS) HAS REMOVED THESE SPECIFIC NUMERIC PROTECTIONS FOR OUR COMMUNITY.  APPARENTLY THE PLANNING COMMISSION DECIDED THAT THE VOICES OF THE VERY FEW SHOULD OVERRIDE THE VOICES OF THE MAJORITY.

 

This past Tuesday, December 12th, at the Planning Commission's (PC) meeting, the PC board had discussions regarding the feedback they had received from the public hearings on the town Plan of Conservation and Development. They handed out copies of suggested revisions to the POCD many of which affect Route 10 parcels including parcels at the North End of town (Northern Gateway) and also the CL&P parcel (or as it is referred to in the Plan, the Southern Gateway). Despite hearing from a very large number of residents during the public hearings that the Plan should remain as written with retail size limits intact, the newest revisions remove those important details from the Plan.  During these meetings, the PC was also made aware of the over 2200 signatures obtained from town residents calling for a size limit on new retail development in Simsbury beyond Route 44.  Also removed from the Plan are a variety of other metrics including those governing greenbelts that set development back from roadways to prevent construction from being too close to roads and obstructing scenic vistas.  We have attached the pertinent pages for your information and review.

 

The Planning Commission will be meeting this Tuesday, December 19th at 7 pm at Simsbury Town Hall to continue their discussions about these revisions. While there is no opportunity for public comment at their next meeting, we would urge you to try to attend the meeting in order to listen to their discussions and to show, by your presence, your support for the original plan and the vision that it had defined for our town for the next ten years.  We continue to believe that having specific metrics in the Plan helps to better articulate boundaries between what is responsible development versus what is development for development’s sake.

 

Thank you for your ongoing support.

 

 

Your SHARE Steering Committee

 

Links to the POCD revision Documents: Part-1 and Part-2

 

 

 

Public Hearing Broadcast on SCTV throughout December

What The recent Public Hearings before the Planning Commission regarding the draft 2007 Plan of Conservation and Development will be broadcast throughout the month of December on SCTV (Cable Channel 21), Each Wednesday at 12 noon and 7PM. All three meetings will be broadcast back-to-back.

 

     - The Meeting held on Monday November 27th at Simsbury High School is 1 ½ hours long (90 minutes)

     - The Meeting held on Wednesday November 29th at Henry James Middle School is 1 hour (60 minutes)

     - The Meeting held on Thursday November 30th at Henry James Middle School is 1 ½ hours long (90 minutes) – note: This length is tentative, as this video is still in post production.

 

What: The Public Hearings before the Planning Commission regarding the draft 2007 Plan of Conservation and Development broadcast on SCTV

When: Each Wednesday in December at 12 noon and 7pm

Where: SCTV Cable Channel 21

 

 

 

SIMSBURY: Big Box Stores Are Menace To Rural Character

 

December 4 2006


What a sense of town spirit I witnessed recently when the Simsbury High School men's soccer team won the state championship! Hundreds of Simsbury residents loudly cheered for their team. Similarly, I would like to see more of my fellow citizens become just as vocal about their opposition to the impending River Oaks application to be submitted by Konover Development.


At issue is the potential development of big-box stores on Route 10 at the southern entrance to Simsbury. As a member of SHARE (Simsbury Homeowners Advocating Responsible Expansion), I don't want to see big-box development in our beautiful town beyond the immediate boundaries of Route 44. I don't want Route 10 to become a four-lane highway housing big-box stores and strip malls. We don't need Simsbury to become like the Berlin Turnpike, Buckland Hills or for that matter, like Route 44! I don't want all that traffic in our town!


I attended, along with hundreds of other Simsbury residents, the past two public forums held by the Simsbury zoning commission where the topic of limiting the size of retail development was discussed. I can't tell you how disappointed I was at the lack of respect that some of the commission members showed toward several citizens as they took turns speaking. The commissioners' disrespectful and condescending conduct to the people who elected them left me feeling embarrassed that this is how some of our town officials carry out "the people's business."


Mr. Dunny Barney, chairman of the zoning commission, seems to not believe that there are many residents who feel the same way I do, not to mention that SHARE has over 2,300 members so far.


I urge you all to become vocal and show the Simsbury spirit and pride that you have for our town. I urge you to please tell our town officials that you expect to be treated with respect and that your voices should be listened to and taken seriously with regard to your opposition to Big Box development in Simsbury.


Meghan Lucker, Simsbury

 

 

 

Draft 2007 Plan of Conservation and Development (POCD) – Now available

 

After years of work, the draft of the 2007 Plan of Conservation and Development has been completed by our Town Planning Commission. It is available on the Town of Simsbury website, or by <<Clicking here>>. Please feel free to read it and share your thoughts with us, as well as the town Planning Commissioners.

 

 

We’re continuing to collect petition signatures

 

We are continuing to collect signatures for our new petition prohibiting the Town Zoning Commission to amend the current zoning regulations to include language which would allow Konvover to build their big box development on either the CL&P land or the land near the skating center. If you have already signed the petition, we thank you for your support. Please make sure that all members of your family who are registered voters have also signed the petition.

 

Even if you have signed our first petition (prior to August 1, 2006), or signed up for our mailing list we still need your signature for this petition, as all signatures will be presented to our Elected Officials.

 

To sign the petition, please <<click here>>

Thank you for your support.

 

 

 

Follow up – Re: The Zoning Commission Public Hearing

 

Dear Simsbury Resident and SHARE Supporter:

 

Here is a long email… please stick with us and read it through.

 

We’d like to follow up on last Monday night’s public hearing regarding the Zoning Commission’s amendments to the Town Zoning Regulations.  <<Click here to read more>>

 

 

Zoning Proposal Stirs Heated Debate
By Diane Struzzi, Hartford Courant - October 17 2006

SIMSBURY -- Residents sent a strong message to the zoning commission Monday night: Do more research before moving forward on a proposal to change the zoning regulations.

The public hearing at Eno Memorial Hall drew more than 100 and became contentious at times, as residents tried to speak over the three-minute limit set by the zoning commission. They voiced their opposition to big-box retailers and said they feared losing the bucolic character of Simsbury.
 <<Click here to read more>>

 

 

River Oaks: Big Change Or Big Box?
Rick Green, Hartford Courant - September 26 2006

If somebody mentions "new urbanism" or "smart growth" again, I'm going to spit up my double cap decaf latte.

What about developers who just do the right thing - who think about traffic and congestion and the values of a community at the same time they think about lining their pockets?
<<Click here to read more>>

 

 

Proposed Zoning Revision Prompts Big-Box Fears
Diane Struzzi, Hartford Courant - September 20 2006

SIMSBURY -- A proposed change to the town's zoning regulations that supports mixed-use development has spurred concern among a homeowners' organization opposed to big-box retail developments. <<Click here to read more>>

 

 

Reality Of Big Boxes

Hartford Courant Editorial – July 30, 2006

 

In “A Kinder, Gentler Big Box?” [July 23, Place Section], columnist Tom Condon asks, “Can a big box be part of an appealing mixed-use development?” There are two answers: a theoretical “maybe”, but a realistic “no.” <<Click here to read more>>

 

 

Highway to the Danger Zone

The battle over River Oaks, a big-box development in Simsbury, will be fought before the Zoning Commission

Nathan Conz, The Hartford Advocate – July 27, 2006

Monday night, there was an elephant in the room at a special meeting of the Simsbury Zoning Commission.

That elephant was the pending creation of River Oaks, a mixed-use, big-box development planned by Konover Development Corporation on land off Hopmeadow Street near the Avon border.

A large, vocal citizens group, Simsbury Homeowners Advocating Responsible Expansion (SHARE), opposes the development and, on Monday, they joined Zoning Commission members, a handful of other town officials and one devilishly handsome reporter to fill a conference room. <<Click here to read more>>

 

 

The Myth Of Big Bucks And Big Box Developments
Tom Sevigny, Hartford Courant - July 23 2006

I recently had the pleasure of attending a SHARE (Simsbury Homeowners Advocating Responsible Expansion) sponsored forum on River Oaks, the proposed big box development - or should I say lifestyle center - on Route 10.  <<Click here to read more>>