Latest Updates

(Updated July 5, 2008)

 

See C.A.R.E.’s position on the Lowe’s Home Centers zoning application here.

Excellent overview of how to plan for preserving Collinsville’s character:  at Canton’s Annual Town Meeting in January, Town Planner Neil Pade presented an informative and useful review of current regulations that guide Collinsville’s development and redevelopment, and of potential additional measures the town could take. Mr. Pade stressed, “I do believe there’s a mutual goal here to preserve the character of Collinsville. I don’t know that our current regulations are capable of doing that.” See his presentation here.

See what Canton will look like if its current path and rate of development continues.  C.A.R.E. has created these “build-out” maps:

See Canton today …

and compare with a fully-built out Canton tomorrow

“Dependence on the property tax to fund local public services, particularly K-12 public education, forces local governments into a destructive competition for grand list growth that has resulted in bad land use decisions and costly sprawl.” – From Connecticut Economic Vitality & Land Use,” by the Connecticut Regional Institute for the 21st Century, a statewide business coalition. See details below or http://www.ccm-ct.org/advocacy/propertytax/2003-cevlu.pdf.

In this Update:

-- Zoning Commission approves Lowe’s

-- Collinsville Farmer’s Market begins 3rd season June 15

-- Residents approve purchase of 140-acre Cannon property

-- Collinsville Pedestrian Safety Committee issues report

-- Zoning Commission okays change in Lawton/Rt. 44 plan

-- C.A.R.E. receives Public Service Award from American Institute of Architects Connecticut Chapter

-- Zoning Commission adopts design review regulations

-- Zoning Commission rejects hilltop proposal

-- Wetlands Agency allows violating sewer, water-hookups to remain

-- C.A.R.E. receives Citizen Planner Award from CT Chapter of American Planning Association

-- Sweetheart Mountain subdivision approved by court

-- Ax factory still on market

-- “Shoppes” developer asks twice, gets approval, for third anchor

 

The Zoning Commission in June okayed the construction of a Lowe’s Home Center: Lowe’s plans to build a 147,000 sq. ft. store on Rt. 44 at the Simsbury and Avon town lines, between Valley Car Wash and Ledgemere Park. The site is zoned for Restricted Light Industrial use, but the Zoning Commission may allow retail uses in this zone by special exception.

 

C.A.R.E. opposed the application for one overriding reason: that the steep parcel cannot accommodate this development, and to approve a development that requires such extreme manipulation of topography would establish a precedent that Canton will regret in the future.

 

C.A.R.E.’s presentation to the Zoning Commission can be seen here.

 

To accommodate the building’s footprint on this steeply-sloped site, Lowe’s will remove much of the hillside and fill lower areas, moving a total of approximately 250,000 cubic yards of earth. The building and its 436 parking spaces would be surrounded by retaining walls as high as 54 feet, topped with 6-feet fencing.

 

During the store’s busiest hour on Saturdays, Lowe’s estimates that 580 vehicles will enter/exit the site. Lowe’s will ask the state Department of Transportation for the okay to install a traffic light at the entrance (which would be located at the current Ledgemere Park driveway.)

 

Said C.A.R.E. President Tom Sevigny, C.A.R.E. is very disappointed by this decision. Simply put, the proposed site cannot handle this size of development.  Furthermore, at a time when traffic problems are an increasing issue for Canton residents, a new Lowes will only add to the number of car trips not only on Route 44 but residential side streets as well.

 

“This application points out that the Canton Golf Course was NOT the last available parcel in town with the potential to be developed with big box retail. By leveling topography, combining lots, and redeveloping existing buildings, there is the potential for a tremendous amount of square footage to be built along 44.

 

“It is our choice and challenge to develop in a way that will respect our landscape, promote our economic health, and preserve our character and identity.”

 

Residents at an April 19 town meeting approved purchasing 140 acres on the west side of Cherry Brook Road in North Canton, owned by Dr. John Cannon of Simsbury.

 

The property is part of a contiguous area of undeveloped land totaling more than 1,000 acres. It is adjacent to land owned by the Canton Land Conservation Trust and is near the town’s northernmost Cherry Brook Farm, formerly owned by the Wilsons, for which Canton owns the development rights. It is also adjacent to land owned by the Barkhamsted Land Trust. Last summer, the town received a state open space grant of $450,000 toward the purchase.

 

At the hearing, the Board of Finance distributed a cost-benefit analysis concluding that the town would recover the remainder of the purchase price, $509,000, in 2.24 years. The board reached that conclusion based on these numbers:

 

Number of single family residences projected through appraisal:  20-25 (figure of 20 used for analysis)

Number of children per household:  1.87

Fair Market Value of Single Family Home:  $600,000 ($420,000 assessment)

Property Taxes per household (29.92 mil rate): $12,567

Board of Selectman/Board of Finance Costs per household:  $3,152

Board of Education per household pupil cost (11,119 x 1.87):  $20,793

Total projected Town cost per household:  $23,945

Total projected property tax revenue per household:  $12,567

Total projected loss per household:  $11,378

Total town investment of open space acquisition: $509,000

Projected pay back period:  2.24 years

The Collinsville Farmer’s Market, organized and sponsored by C.A.R.E., opens its 3rd season on June 15 and will continue every Sunday through fall from 10 a.m. to 2 p.m. in the Canton Town Hall parking lot (between Main Street and Rt. 179.)

Even more vendors will participate than last summer, which was “hugely successful for participating farmers, and many Collinsville merchants have told us that the Market boosted their businesses as well,” said C.A.R.E. President and Farmers Market Committee member Tom Sevigny. “We thank the Canton Historical Museum for accommodating all the musicians, town officials for allowing the use of the town hall parking lot - and most of all - the sun, for shining every single Sunday this season! We also thank the farmers who participated and the market's many loyal patrons.”

Carol Gauger of Maple View Farm is among the vendors at the market.  Her husband Mark is president of the Northwest Farmers Cooperative.  Carol says, “I am a passionate advocate for knowing about the food you eat.  One of the benefits of eating fresh, local produce is knowing where it came from and how it was grown. I have been pleased to see the way the Collinsville business community has been growing and improving, and we are excited to be a part of this new farmer’s market.”

The Pedestrian and Vehicular Safety Committee, appointed in October 2006 by the Board of Selectman in response to Collinsville residents’ growing concerns over pedestrian safety and their quality of life, issued a report to Selectmen in December 2007. The report includes results of the committee’s survey and recommendations. The report can be seen HERE on the town website.

The 677 surveys respondents ranked their chief concerns (in order of importance) as: cars speeding; cars not stopping at crosswalks; drivers not seeing pedestrians and cyclists; other issues; pedestrians not using crosswalks; bicyclists not obeying rules of the road, and too many crosswalks.

The committee’s many recommendations include more in-street crosswalk signs, increased enforcement of speeding and pedestrian laws, tree planting as a traffic-calming measure, and better lighting to minimize light pollution and maximize visibility at crosswalks.

Portions of Maple Avenue and Rt. 179 in Collinsville are Connecticut Scenic Roads, a designation conferred by the state Department of Transportation (DOT).  In 1997, the DOT and the Collinsville Scenic Corridor Advisory Committee prepared the corridor’s management plan, which must be consulted when changes to this road are proposed.

The Canton Zoning Commission in November 2007 approved Konover Development Corp’s request to modify its development plan for the property located at the corner of Lawton Road and Rt. 44. Konover currently has approval to build up to 64,500 sq. ft. of commercial space in two buildings: one, a two-story building with a maximum size of  62,000 sq. ft., and the other, a one-story building with a maximum size of 7,000 sq. ft.

 

Konover's request is not for an increase in the total amount of square footage, but rather for an increase in building coverage ("footprint",) i.e. to allow the larger building to contain 49,000 sq. ft. of space on the first floor instead of the currently-approved 33,500 sq. ft.

 

Konover's modified plan would:

-- increase the site's total coverage by buildings from a maximum of 36,000 sq. ft. to a maximum of 56,000 sq. ft;

-- allow the size of the development's larger building to be a maximum of 62,000 sq. ft., including a first floor as large as 49,000 sq. ft.. (The maximum size of the development's smaller building would remain at 7,000 sq. ft.);

-- reduce the amount of "green" space in the development by about 8,400 sq. ft.;

-- increase from three to five the number of loading docks, some of them oriented toward neighboring residences; and

-- alter the way in which stormwater runoff from the development is handled, by eliminating the currently-approved underground detention system in favor of a detention basin at the rear of the parcel. This alternate approach would require the removal of existing trees that would otherwise provide a buffer between Konover's property and the abutting church and residential neighborhood. As part of the Zoning Commission’s approval, Konover is required to build a berm between the back of its site and the neighboring church, and to leave intact the trees between the Konover site and neighboring Fiddlehead Way.

 

At the recommendation of Town Planner Neil Pade, the Zoning Commission on Oct. 17 referred Konover's proposal to the Design Review Team. In a report to the commission, Mr. Pade stated that the changes proposed to this development would "have an impact on the final design and layout of the site and buildings including visual and aesthetic impacts."

 

C.A.R.E. supported the previous (2005) Konover application. C.A.R.E. initially objected to this new application, believing its larger footprint would result in a more intensive, less appealing development. Based on the expert opinions of members of the Design Review Team, who unanimously found Konover's newest proposal to be preferable to the plan for which Konover already had approval, C.A.R.E. revised its position and - with some cautions - supported the proposal before the Zoning Commission.

 

This approval is only the first step for Konover; the developer must now submit a detailed site plan for the commission's approval. Commissioners on Nov. 14 indicated that as part of that application, they will make serious attempts to guarantee that the developer preserve as many mature trees on the site as possible.

The majority of zoning commissioners agreed that the new plan would result in a more pleasing, lower-profile building.  Some expressed reservations, however. Commissioner Mark Podesla pointed out that since the application still would allow a maximum building of 62,000 sq. ft., there is still leeway for the developer to add up to 13,000 sq. ft. in a second story. "This proposal does not limit the building to one story, though. And that bothers me," he said. Commissioner Kathy Hooker said, "We may in fact get a better-designed building out of this. I am troubled by the [larger] footprint, though." Commissioner Leesa Lawson cast the only opposing vote, maintaining that the commission's objective all along at this site was to keep footprint to a minimum.

C.A.R.E.'s statement to the Zoning Commission follows: 

 

"First, as a reminder, C.A.R.E. supported the development plan for which Konover currently has approval at this site. However, we have some reservations about the current application.

 

"C.A.R.E.'s initial reaction to this proposal was not favorable - we are concerned that a larger building footprint and reduced amount of green space could create a more intensive and less appealing commercial development on this prominent corner. However, we defer to the Design Review Team's expertise. If the DRT favors the proposed building design over the one currently approved, we trust their judgment.

 

"We do ask, though, that the Commission and Konover find a way to mitigate the larger footprint's impact on green space, perhaps by "greening" a corresponding number of parking spaces. We also support the requests of neighbors that Konover take every possible measure to protect their quiet and privacy.

 

"Finally, we are wary that this request is a sign of things to come, the first of perhaps additional requests for more plan amendments that will eventually result in a project that barely resembles Konover's original application.

 

"Canton's land use commissioners and residents have spent much time and considerable energy planning for a high-quality development on this site. We urge continued caution in avoiding any steps backward."

 

Background:

-- 2001:  Zoning Commission denies Konover's request to rezone more than nine acres of residential land to business, in order to create a 17-acre commercial parcel for 140,000 sq. ft. of retail, including a Target store.

-- 2002:  Zoning Commission creates a new zone, the Albany Turnpike Gateway District (ATGD), that binds a zone change to a specific development plan.

-- 2003:  Zoning Commission approves Konover's request to rezone 11.5 acres of land (primarily commercial and a small amount residential) to the new ATGD. The approval allows a maximum of 90,000 sq. ft. of commercial space in three to five buildings, the largest being a maximum of 75,000 sq. ft.

-- 2005:  Konover no longer has an option to buy four acres of land in this area, so reapplies for a new ATGD zone for the remaining 7.5 acres. The Zoning Commission approves this application, along with a site plan for two commercial buildings: a two-story building of up to 62,000 sq.ft. in size, and another  between 2,500 sq. ft. and 7,000 sq. ft. The combined size of the two buildings could be as much as 64,500 sq. ft.

The ATGD regulation requires that a master plan be submitted simultaneously with the zone change application, specifying the locations, square footages, footprints, uses and architectural elements of proposed buildings.  A more detailed site plan must then be approved within two years. If the approved plan is not built, the land reverts back to its original zone.

Architects’ association honors C.A.R.E.: C.A.R.E. is honored to be the recipient of the 2006 American Institute of Architects, Connecticut Chapter, Public Service Award. AIA Connecticut's Public Service Award is presented biennially to an individual or organization that best exhibits dedication to enhancing the built environment and educating the public. C.A.R.E.'s mission, its efforts to encourage Canton to create a Design Review Team, and its ongoing educational forums were particularly emphasized.

AIA Connecticut is the professional association for Connecticut architects and serves as a resource to architects and the public. Its 1,300 members include architects, interns working towards licensure, students, and professionals in affiliated fields. For AIA Connecticut’s website: http://www.aiact.org/

Design Review standards adopted into zoning regulations: the Zoning Commission in Sept. 2006 approved the adoption of a design review regulation for non-residential development.

In a thank-you letter to all those involved in creating the regulation (Selectmen, zoning commissioners, and the Design Review Study Committee), C.A.R.E. President Tom Sevigny wrote, “This regulation is a win-win-win; it will make the approval process smoother and less expensive for developers, smoother and more successful for commissioners, and will result in new commercial development that will enhance Canton’s character for the many future generations that these buildings will remain part of our town.”

 

Members of the Design Review Study Committee are: Committee Chairman and land planner Gary Hath, developer and real estate agent Henry Bahre, businessman and commercial property owner Joel Fried, land planner Gary Hath, home builder Frank Mairano, architect Kent McCoy, financial planner Kristin Oswald, and recently-retired Zoning Commission chairman and architect Chris Winsor.

At a March 2006 town meeting, Canton residents approved an ordinance creating a Design Review Team. This volunteer board of design experts will review the design of non-residential development applications and advise applicants and the Zoning Commission.

Canton’s 10-Year Plan of Conservation and Development, revised in 2003, proposed creation of such an advisory board, and Canton Advocates for Responsible Expansion had urged the Board of Selectmen to follow through on this suggestion. Selectmen did so, appointing a Design Review Study Committee that included local builders, realtors, architects and business owners. The committee unanimously recommended that a Design Review Team be established.

Members of the Design Review Team will include one member of the Zoning Commission, to be chosen by the commission, and four members to be chosen by the Board of Selectmen. Those must include one licensed architect, one person who is either a certified planner or licensed landscape architect, and two members who are educated, trained or experienced in a design-related field.

The Design Review Team ordinance can be read on the home page of the town website, under the announcement of the town meeting: www.townofcantonct.org

The Zoning Commission unanimously rejected the Hilltop Overlay District proposal at its Sept. 26, 2006 meeting. The Planning Commission, which has closed its public hearing on the proposal, will discuss it on Wed. Oct. 4, 7:30 p.m. at Canton High School.

C.A.R.E. ‘s statement to both commissions on the proposal follows:

It is clear that a large number of Canton residents within the proposed Hilltop Overlay District are strongly opposed to the new restrictions this proposal would impose on their homes. C.A.R.E. too opposes the proposed Zoning Regulation and supports only a hill regulation for construction of new subdivisions – not the proposal as currently drafted, but in a form that addresses the flaws that many have pointed out.

In this way, Canton can achieve the goal of protecting its view sheds, without impacting the rights of a large number of current homeowners. Our 10-Year Plan endorses such a measure, and the results of the town-wide survey also support protecting Canton’s rural character and environment. Greater guidance of the construction of new subdivisions, which without such guidance could pose a significant threat to our hilltops, would go far toward achieving this goal, without impacting owners of existing homes and approved lots.

This type of regulation is not new or unusual. We assume that we aren’t the only ones who are curious about which other Connecticut towns have hilltop regulations, and if so, what those regulations cover, and how they’ve worked out. We’d like to share with everyone some observations made by town planners from other communities with one type or other of hill regulation.

Since Connecticut has no central planning department that tracks this data, it is impossible, short of contacting all 169 municipalities, to determine exactly which towns have this kind of regulation.

Several towns that do include Avon, Farmington, Meriden, Simsbury, Southington, and Woodbury, and Granby is currently working on a proposal.

A chief distinction between the types of regulations that different towns have adopted is whether the regulation applies only to new subdivisions, or to all lots, even existing ones, within a particular zone.

Farmington adopted a Ridgeline Protection Zone in 1999 that covers the entire stretch of the Talcott Mountain ridge from the Avon line to the Plainville line. Town Planner Jeffrey Ollendorf said there were many existing homes within this zone when it was proposed. He said the town spent a considerable amount of money and time in encouraging these property owners to provide input into the regulation, including mailing surveys and meeting announcements. There was, he said, a significant amount of opposition. About two years after the regulation was adopted, it was amended to make it easier on owners of existing homes, including providing greater leeway for tree removal without requiring approval. Since these amendments, Mr. Ollendorf said he has heard of no dissatisfaction from property owners, and says the regulation has been successful at preventing unrestrained new development on the ridgeline.

The town of Simsbury took a different approach and in the early 1990s adopted a View Sector Regulation as part of its Subdivision Regulations. The regulation applies only to new subdivisions, not to existing lots. Former Simsbury Town Planner William Voelker said there was little opposition to the proposal, since it did not impact owners of existing homes. He said that the regulation “worked,” citing Cobtail Way as an example of a subdivision built under this regulation.

Meriden took an approach similar to Simsbury’s, restricting hill regulations to the city’s steepest peaks, and exempting existing buildings and lots. The regulation withstood a legal challenge from a developer who wanted to literally blast away a mountain peak, to level it in order to build condominiums. Assistant Town Planner Tom Skoglund said that, without the regulation, Meriden would have had no defense against this extreme proposition.

Southington did the same as Meriden and Simsbury. Its regulation applies to the ridges of three specific trap rock peaks, and exempts non-conforming uses.

C.A.R.E. believes it should not be our community’s goal to micro-regulate homeowners’ activities of likely negligible impact.  However, C.A.R.E. does believe that protection of Canton’s hilltops is a legitimate and important goal that needs to be addressed.  Therefore, we encourage commissioners to continue to pursue a simple, clear, statute-based regulation that effectively balances the concerns of homeowners with the protection of our hilltops.

And, finally, we thank commissioners for the time, care and concern you invest in planning for Canton’s future.

The builder of a house on High Street’s “Spring Lot” (named for its natural springs and historic springhouses) violated three conditions of his permit, the Inland Wetlands and Watercourses Agency (IWWA) has determined.

In April 2006 the IWWA ruled that builder Daniel Houlihan must remove a deck from the house at 30 High St., cut off the deck supports at ground level, and leave the in-ground supporting tubes in place (to avoid further wetlands disturbance that removing the tubes would cause.)

And in May 2006, the IWWA found that Mr. Houlihan installed a driveway that is about twice the size of that approved, and ordered the removal of excess asphalt. The Agency also determined that Mr. Houlihan installed water and sewer pipes to 28 High Street without approval, and as a mitigating action ordered the installation of improvements to reduce storm runoff into a brook.

However, in June 2006, the IWWA voted to allow the sewer and water hook-ups to 28 High St. to remain, in exchange for the builder’s installation of a run-off filtering scour.

High Street residents, C.A.R.E. and Friends of Sweetheart Mountain wrote jointly to the Board of Selectmen, criticizing the decision to allow the unapproved hook-ups and asking Selectmen to improve the management of development projects.

The Collinsville Historic District Commission has also found Mr. Houlihan removed springhouses on the site without the commission’s authorization, and ordered him to rebuild them.

Mr. Houlihan’s application was controversial from the start because of the site’s wetlands, and neighbors lost a court appeal when a judge ruled that the IWWA’s permit approval – which contained 21 conditions – would sufficiently address environmental concerns.

The approved plan proposed one house and a detached accessory garage. Subsequent to receiving IWWA approval, Mr. Houlihan sought and obtained from the town planner authorization to split the lot in two (a “free cut” allowed by state statutes in certain instances.) This split, however, created a circumstance that regulations do not allow: an accessory building without a main dwelling. Mr. Houlihan then took out a building permit from the land use office to convert the garage into a house, and with Water Pollution Control Authority (WPCA) approval, installed water and sewer pipes.

Mr. Houlihan’s lawyer, David Markowitz, told IWWA members that the deck was built because of an unintentional error made on a set of building plans, and that the sewer and water hook-up occurred because “the builder’s intention changed after the fact.” Mr. Markowitz pointed out that Mr. Houlihan obtained WPCA approval. “This was not done in the cloak of darkness. I can’t tell you why he did it without coming to the Agency.”

Some IWWA members said they believed the violations were intentional. “It really is offensive,” said member David Shepard. “Here’s a real flagrant violation; this is really terrible,” said member Ed Evonsion. Member Larry Shine, who made the motion to order the deck removed, said he did so “with respect to the credibility of this Agency.”

The Connecticut Chapter of the American Planning Association (CCAPA) has awarded Canton Advocates for Responsible Expansion its 2005 Citizen Planner Award for C.A.R.E.'s "dedication to grass-roots planning, public education and activism."

 

CCAPA is the Connecticut chapter of the national organization of professional planners and citizens involved in planning for our nation's communities. CCAPA is dedicated to advancing the practice of good planning in Connecticut by providing its members with up-to-date information about current planning issues and techniques, and by building public and political awareness of the importance and benefits of good planning.

 

CCAPA presents awards annually, with the Citizen Planner Award going to a "citizen or group of citizens working in a non-compensated capacity who has/have made a significant contribution to planning."

 

C.A.R.E. Secretary Donna Burkhardt and President Jane Latus accepted the award on Nov. 10 in Newport, RI, at the 2005 Southern New England Planning Conference, the annual conference of Connecticut, Rhode Island and Massachusetts APA chapters.

 

In an email to members, Ms. Latus wrote, “While any recognition is gratifying, to have our work acknowledged by a professional association is especially meaningful. This award belongs to all of you: the C.A.R.E. members and supporters who have taken part in this organization's work and accomplishments over the past five years. So, congratulations to you, and thank you for staying engaged in your community.”

Approval of a housing development on Sweetheart Mountain became official in Sept. 2005 when a Superior Court judge accepted a settlement between the Planning Commission and developer The Meehan Group. The agreement calls for Paul Meehan to, within 180 days, transfer ownership of 40 acres on the Collinsville face of the mountain to the Canton Land Conservation Trust. Mr. Meehan may then build 36 houses on an extension of Freedom Drive.

In executive sessions over the past year, the Planning Commission and developer The Meehan Group negotiated a new subdivision proposal for the mountain.  Commissioners unanimously denied in Dec. 2003 The Meehan Group’s application for a 61-home subdivision on this mountain in the Collinsville section of Canton. Mr. Meehan sued the Planning Commission and the Inland Wetlands and Watercourses Agency over their denials, as well as the Zoning Commission for its rezoning of the mountain to larger lots.

 

The new negotiated plan, for 36 homes with individual septic systems and wells on an extension of Freedom Drive, did not go through the public hearing process because Mr. Meehan did not file a new application. Courts allow parties in a lawsuit to negotiate a modified development plan outside of the usual public process. Instead, the plan was presented to residents at a “public information session” on May 4.

 

After learning from C.A.R.E. about the negotiations, residents packed a May 17 Board of Selectmen meeting, spilling into the hall, to ask Selectmen to take the lead in purchasing the mountain. Among residents messages to Selectmen were:

·        David Leff, asked by Selectman Mark Quattro what should have been done: “I’d stand by the very sound decision the commission made.”

·        Tom Kutz: “Take the leadership to find a way to buy the land. Ask for a commitment from Mr. Meehan to allow time, and we’ll take out our checkbooks.”

 

In a joint statement, Friends of Sweetheart Mountain, C.A.R.E. and the Farmington River Watershed Association urged Selectmen to hold a referendum, predicting residents will “put their money where their mountain is.”

 

Below are excerpts from C.A.R.E. Vice President Susan Carr’s statement to the Planning Commission on May 4.

“The members of C.A.R.E., along with many other Canton residents and civic organizations, had hoped for a different outcome that would have returned fair market value to landowners and at the same time preserved the entirety of Sweetheart Mountain as PRICELESS open space for future generations. …

“The design appears to protect the east face of Sweetheart Mountain and promises the town preservation of and access to a significant and valuable amount of open space.  ...

“We do understand that the executive sessions that took place to achieve this current proposed settlement were legal, but it should be understandable why many Canton residents felt left out and concerned about the recent process that has brought us to this point.   

“Looking ahead, the confidence of Canton’s residents in the decisions you make NOW AND IN THE FUTURE hinges on several absolutely critical things:

“1) The Commission needs to be 100% CERTAIN that the developer’s representations to you about the plan are 100% binding on the developer in every way legally possible.  The representations being made include:

·        The short and long-term environmental impact of the subdivision during construction and after completion;

·        The near-term public access to open space and its eventual transfer to the Canton Land Trust that’s been promised;

·        The tree removal restrictions that the developer has taken great pains to spell out in detail;

“2) The Town needs to be 100% committed to enforcing the commitments being made. …. the developer has made extensive representations about tree removal restrictions that will need to be enforced over the very long-term, and it will be incumbent upon the Town to be vigilant. 

“3) Perhaps most importantly … there must be TRANSPARENCY in this and all future deliberations on matters that have proven to be so extremely important to all of Canton’s residents. 

“If …  as Town zoning regulations currently stand, such a development would not be possible outside of protracted, negotiated settlements like this one … we emphasize once again that it is in the Town’s interest – AND TO THE BENEFIT OF DEVELOPERS, AS WELL – that the Town re-write its subdivision and zoning regulations to reflect in a PRO-ACTIVE way the kind of development IT WANTS and IS SEEKING, and WHERE it wants it.”

Background:  Sweetheart Mountain, across the Farmington River from downtown Collinsville, is noted in state, regional and town documents as worthy of preservation. It is one of the ridgelines specifically identified in the Connecticut statutes as eligible for protection via ridgeline regulations. According to the Capitol Region Council of Government's regional Plan of Conservation and Development, the mountain is recommended for preservation as open space. Canton’s Master Plan recommends treating the mountain in a manner befitting its unique topography and scenic importance. 

In addition, the Farmington River Watershed Association’s BioDiversity Project report gives the mountain the highest possible rating for its biodiversity, one of only two such sites in Canton. It is part of a 4,100-acre tract of unfragmented forest.

 

Mr. Meehan first sought approval for 85 single-family, 3,000 sq. ft. houses on half-acre lots. After being denied approval to extend septic service to the entire area, he scaled back to 64, then 61 houses.  Meanwhile, in Nov. 2003 the Zoning Commission rezoned the mountain for two-acres lots (not affecting this application, but future ones), and the Wetlands Agency rejected Mr. Meehan’s permit application.

 

Planning Commissioners detailed their reasons for denial in an 11-page motion. They noted that due to Wetlands Agency denial, the subdivision was impossible as proposed. Additionally, they cited potential public safety hazards from sharply curved, steep roads, and lack of faith in the stability and maintenance of retaining walls that would have supported some roads. They also stated that parts of the plan were incomplete or conflicting with plans shown to Wetlands.

C.A.R.E. recognizes that land owners have the right to the reasonable use of their property and that most subdivision applications, though occasionally unwelcome by some residents for reasons ranging from loss of undeveloped land to the cost of providing additional town services, nevertheless do meet the requirements of the local zoning and subdivision regulations and, therefore, must be approved.

However, C.A.R.E. opposed this subdivision because it would have required extensive manipulation of the topography of the mountain, in violation of the town’s regulations; the amount and pattern of traffic generated by this subdivision would have created potential safety problems on neighborhood streets; and the proposed location of open space within the subdivision is inconsistent with town policies that aim to create interconnected open space systems.

Collins Ax Factory still on market:  In 2002: Developer James “Rusty” Tilney – after years of negotiations with town boards and a successful legal challenge against the prior owner’s last-minute decision to back out of the sale, purchased the historic factory for $750,000 and received approval to rezone and restore it.

2003: Mr. Tilney put the factory complex up for sale, listing it with commercial realtor CB Richard Ellis for $6.25 million. Mr. Tilney, an Avon resident, said “the size of the project and some of the difficulties of doing the job” prompted him to sell. 

2007: the factory’s 20-plus buildings are still for sale, at an asking price of $8 million. Mr. Tilney has reportedly turned down several purchase offers.  Mr. Tilney’s realtor, Julius Fialkiewicz of Realty Works, said Mr. Tilney turned down offers that would have been harmful to the property and town, and that three parties are currently interested in the property.

The Collins factory, famous for its sharp-edged tools such as snowplows and axes, closed in the 1960s and has changed little since then. Its 28 buildings sit on 19 acres along the Farmington River. Currently about 50 businesses are located there, including many craftspeople’s workshops and artists’ studios. The site was zoned for heavy industry until, after negotiations with the Collinsville Historic District Commission and town officials, Mr. Tilney received approval from the Zoning Commission to create a new zone for the site called an Industrial Heritage District.

His original plan of mixed business, retail, restaurants and residences, would have been called “At Collinsville.” The plan called for significant changes to the interiors of the existing buildings, but only restoration of the exteriors.

Mr. Tilney’s proposal was widely welcomed by residents, who saw it as a way to increase Canton’s tax base and enhance the revitalization of Collinsville, while preserving this historical and industrial landmark.

 “Shoppes” developer asks again; Zoning Commission reverses vote. When developers of The Shoppes at Farmington Valley, under construction at the former Canton Golf Course, asked the Zoning Commission this January for approval to expand the shopping center by 15.6%, they were answered with a firm 6-1 denial. Three weeks later, the developer reapplied, seeking a 15.3% expansion. This time, the commission gave a resounding 6-1 approval.

         

In Jan. 2004, the Zoning Commission denied the request to expand The Shoppes by 49,435 q. ft. to accommodate Dick’s Sporting Goods. The developer re-applied on Feb. 13, asking to add 48,565 sq. ft. and divide the complex’s easternmost building into two buildings. The decision from the Commission on March 2 was “yes.”

 

The approval increased the shopping center from the original 350,000 sq. ft., and a subsequently approved 372,000, to 429,000 sq. ft. (an overall 22% increase.) Nearby Simsbury Commons, including Stop & Shop and Walgreen’s, is 290,000 sq. ft.

 

The developer asked the Zoning Commission to “rush” the hearing, Town Planner Sarajane Pickett informed commissioners at a Feb. 19 meeting.  Commission Chairman Chris Winsor told commissioners they "should react to" the applicant’s request, and that the circumstances for the request would be made known during the hearing.

 

The developers of The Shoppes at Farmington Valley are Timothy Ellsworth of Simsbury and S.R. Weiner & Associates affiliate W/S Development Associates of Massachusetts. The project's land planner is Philip Doyle, Canton resident and member of Canton’s Board of Finance, whose business LADA, P.C. is located in Simsbury.

 

S.R. Weiner Vice President of Development Bob Frazier told Commissioners on March 2 that the developer is under immediate time and financial deadlines in order to finish the complex according to its desired schedule. He said the firm is committed to completing the project, with or without this approval, and that the widespread belief among town residents that the firm had threatened to leave the project incomplete if not given this approval is not the case.

 

At the Jan. 29 meeting where the Zoning Commission first rejected this request, commission Chairman Chris Winsor, who voted to approve the application, said “it was regrettable” that a prior Zoning Commission approval authorized a change to the west end of the project, resulting in a loss of the original approval’s village-style design at that end. He said the applicant now says the increase in square footage is needed “to provide vitality” at the east end. “I think that’s probably a correct statement,” he added.

 

Other commissioners said on Jan. 29 the requested increase was too big and that it would stray from the original intent of a pedestrian-friendly complex:

-- Sandra Trionfini said developers had assured the commission that the project would not get “mammoth.” Now, she said, “All bets are off; anything can happen. At what point do we say, ‘No more’?”

-- Harvey Jassem said the development already has the two anchors that the applicant sought, and that the commission is not obligated to enlarge space for a third.

-- Jay Weintraub asked, “If this project had been proposed to us on day one as it is proposed tonight, would we have approved it? … For me, I don’t think I would have approved it.”

-- Kathy Hooker said the proposal was not in keeping with the town’s master plan policy regarding town character, and that she was uncomfortable adding more space, especially for use by one large tenant.

-- Leesa Lawson said, “I feel we’ve modified the integrity out of this project,” and added that she believes the project will be viable without the addition.

-- Peter Clarke said that based on the number of tenants who have signed leases, tenants “don’t appear to be concerned that it’s not going to work.” 

 

On March 2, however, Commissioners had different opinions about the new application:

-- Chris Winsor said it met the regulation’s requirements, and he complimented the developer for improving the design.

-- Sandra Trionfini said that, while prior changes may have steered the design away from the original intent, this request seemed to be a natural progression

-- Jay Weintraub said the first application seemed to be just a long building with too big a mass, but that dividing the building and lowering the facade made the appearance conform with the rest of the project.

-- Kathy Hooker said that the buildings in the project “are all big boxes” and that the addition “isn’t really going to be noticeable. It’s big already.”

-- Leesa Lawson, the one commissioner to vote no, said the application had “come a long way” in its design but that without a significantly smaller size request it was too much like the recently-denied proposal. “We were adamant in January that this was a significant size. Why would this be different?”

-- Alternate member Tom Chouinard said the expansion would not be very noticeable.

-- Alternate member Mark Podesla said the applicant had made an effort to improve the plan and the size request was acceptable to him.

-- Glenn Barger, who Chairman Winsor chose to sit out the vote, although Mr. Barger has more seniority on the commission than Mr. Podesla, cautioned that 5 or 10 years down the road, keeping buildings of this size occupied could be a concern.

-- Commissioners Harvey Jassem and Peter Clarke were unable to attend the March 2 hearing.  Mr. Jassem had asked Chairman Winsor to hold the hearing one day later so that he could attend, but Mr. Winsor insisted that the hearing be held on the 2nd.

                                                                                

Background information:

In 1989, the town declined an offer to purchase the golf course. The course was rezoned in 1998 at Mr. Ellsworth’s request, from Agricultural/Residential to Special Business. Mr. Ellsworth told the Zoning Commission he planned to build an athletic training complex called The Peak Experience. Mr. Ellsworth subsequently stated he was unable to obtain financing. Once rezoned, the 130-acre course remained rezoned. The SB zone allows a wide array of uses. On March 31, 2003, course owners the Lowell family sold the property to the developer for $4.77 million. 

 

C.A.R.E., which formed after the course was rezoned, regrets the town’s failure to buy the parcel and the choice to rezone it. But given this set of circumstances, C.A.R.E. was pleased by the developer’s stated intention to attempt a walkable project, of only one quarter the size that regulations would allow, of multiple uses, and to actively recruit locally-owned tenants. The developer’s multiple alterations, however, have radically altered the project to one that is at odds with the promised development and incompatible with the town of Canton.

 

The site plan initially approved by Zoning included a west anchor store (Kohl's, now under construction) and an east anchor store. Multiple smaller, individual buildings would have lined both sides of a street connecting the two anchors. As part of the original approval, the applicant stated an intent to create a “pedestrian-friendly” development. No tenant had yet been identified for the east anchor, but the applicant stated that a specialty foods store would be sought for that site. In 2003, the developer received Zoning approval to combine several buildings into one 83,000 sq. ft. building (next to Kohl's). The developer has since announced that Shaw's, the northeast’s second largest grocery chain, will occupy this building.

 

The originally approved application called for mixed uses, including retail, restaurant, office and an executive training golf course. W/S Development now says it has determined that an executive golf course will not be profitable and is instead weighing other possible recreational uses, such as batting cages or miniature golf.