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04/28/2016 06:11 PMFollowing on the heels of Costco's April 26 application withdrawal, an attorney representing two smaller parcels in the three-part Costco application notified Inlands Wetlands both pending applications were being withdrawn. Meanwhile, an application intervenor's attorney representing a Costco opposition group informed the town he felt "certain" the Costco application will be resubmitted after May 2016, when a new Inlands Wetlands Agency (IWA) majority could be seated. The two most recent applications to be withdrawn, together with the withdrawn Costco application, were set for an April 28 IWA vote.
The now-cancelled April 28 IWA vote would have been to approve or turn down a three-part application, reviewed over the course of four months, to build on three continguous parcels making up 44 acres on the east end of town. The applications were submitted following town's Planning and Zoning Commission approval of a master plan for a 158,000 square-foot Costco wholesale store, 16-pump gas station and seven additional buildings accessible from East Main Street (Route 1) and from Exit 56 off I-95.
As previously reported at Zip06, Costco notified of its application withdrawal via letter to IWA commissioner Daniel Shapiro on April 26. In response, First Selectman James B. Cosgrove stated he felt most residents want Costco in Branford and that he will "remain committed" to bringing Costco to Branford as a key player in the town's plans for economic and tax base growth (see that story here ).
On April 27, the town received the two additional application withdrawal letters addressed to Shapiro from Attorney Kevin Curseaden (Caroll, Curseaden & Moore, LLC Milford). Curseaden represents entities owning parcels at 20 East Industrial Road and 569 East Main St.
Also on April 27, the town received a letter from attorney Keith Ainsworth, who represents Costco application intervenor Branford Citizens for Responsible Development (BCRD). All of the letters appear with this story.
Curseaden's letters expressed the "project team" belief that both applications complied fully with all requirements and regulations; which is why Curseaden said the project team was "...taken aback by comments from the Chairman at the April 14th hearing that suggested the record pertaining to wetlands impacts was somehow lacking, and that the Commission did not have sufficient evidence with regard to wetlands impacts in order to make a decision. "
Curseaden's additional comment, "We also have concerns about the manner in which this application was reviewed and processed by wetlands staff," addresses an issue raised by Costco attorney Tom Cody regarding what Costco felt was improper communication between inland wetlands staff and IWA chair Shapiro on the way to finalizing a March 9 peer review delivered to Costco. Costco based the claim on a local blog report examining an email chain (see that story here ). On March 24, First Selectman Cosgrove released a statement that a review would be conducted to look into the allegations. No results have been issued to date.
In his recent letter to the town, BCRD attorney Keith Ainsworth said Costco's withdrawal was done as a "strategic and intentional attempt by Costco to manipulate the Town's political process to obtain a permit from a more favorably-composed inlands wetlands commission." BCRD opposes the Costco development.
Should Costco resubmit, the application could go before an IWA with many as five new members. Out of the seven current IWA voting members, four who would have voted April 28 have terms which expire May 31, 2016; including Chairman Shapiro. An IWA alternate's seat, vacant due to a member's death, also has a term which expires May 31, 2016. The IWA has seven voting members and three alternates. Terms last three years.
Commission nominations, such as those for IWA, are generally submitted to the first selectman by the town's political parties. The first selectman finalizes nominees for appointment confirmed by a majority vote of the three-member Board of Selectmen (BOS).
The Republican-majority BOS approved Cosgrove's most recent IWA appointments in August 2015. The appointments were controversial, as Democratic town leaders and Shapiro were upset with Cosgrove's decision not to re-appoint two long-standing commissioners with more than 34 years of experience between them. Cosgrove also did not move to re-appoint a sitting alternate; and additionally did not to elevate two sitting IWA alternates to voting members. Instead, the two new IWA appointees were installed as voting members. Cosgrove maintained the change was needed to ensure "balance" in the system. See the full story here