“This Is The Site We Want!”

by Melissa Bailey | May 5, 2006 9:40 AM | | Comments (14)

With city officials chomping at the bit, a room full of nearly 100 Worthington Hooker School community members agreed Thursday to let the city go full-steam ahead with an appeal to this week’s Superior Court decision that barred New Haven from building a new K-8 school on Whitney Avenue.

The meeting, a public hearing for Hooker staff and families only, took place in the church sanctuary of the proposed site for the school, at 691 Whitney Ave. in the East Rock neighborhood.

The city has been trying to find a permanent home for Hooker School students. Because of overcrowding in the original building, Hooker has been sending its older students to an annex in the former St. Stanislaus Church schoolhouse. The city set its eye on a Whitney Avenue property back in 2002 for a new building.

The property, now a funky 1950s church, would be renovated into a middle school for grades 3 to 8. Grades K-2 would be housed at the Canner Street facility, currently under renovation. The city passed zoning amendments to accommodate the Whitney Avenue project, and secured approval for funding from the state.

691 Whitney Ave.This week, as the city was already reaching out to construction firms, a neighbor-prompted court appeal reached a conclusion: Judge Anthony DeMayo in New Haven Superior Court ruled the project had to stop. The city had gone through illegal “spot zoning” to make way for the school, invading and disrupting a zone of single-family housing on nearby Everit Street.

“We were out to bid for phase one of the construction just as the decision hit,” a flustered Susan Weisselberg, the public school rebuilding chief, said Thursday. Expressing “disappointment,” and hoping to keep neighbors in the loop, city leaders called the meeting to see how the Hooker community wanted to proceed: Risk the delay of an appeal? Seek another site?

Empassioned city officials didn’t take long, however, to reveal how they really felt: gung-ho for an appeal.

“When I read the decision in our case, I was heartsick,” said Ed Mattison, an East Rock alderman and former city government lawyer. In all his years working in zoning law for the city, “I’ve never seen anything like this.” “What upset me most was the attack on us … it felt like the court was telling us we didn’t know what we were doing” when the city decided to build on the site.

Schools chief Reggie Mayo joined in: “Let me just say I’m somewhat frustrated: The highest-achieving school in the city of New Haven and I can’t deliver a school for you!”

Mayo advocated appealing the case not just on legal grounds but on principle. Not fighting the case “has all kinds of repercussions.” “People would look back at this thing as a precedent” — neighbors fight in court, and the city backs down. “I think we should move forward with this appeal.”

Architects' rendering of new Hooker SchoolCity lawyers, reflecting on whether they had a good enough case to push to the State Supreme Court said “Yes.” Joseph Williams, of Shipman & Goodwin, advised: We are “still convinced in the correctness of the decision to select this site.” “We were surprised by it frankly, but we are by no means beaten.”

Judge DeMayo ruled the city acted improperly when it re-zoned the parcel to make way for the school. The lot had been split between high-density residential (RH-1) on the Whitney side and single-family residential (RS-1) on the Everit side. The city both changed the lot to RH-1 and redefined RH-1 so that “existing institutional properties may be used as-of-right for elementary and secondary schools…”

To DeMayo, the zoning change smelled of “spot zoning” — reclassifying a small area of land in a way that “disturb[s] the tenor of the surrounding neighborhood.” He also noted the city’s own zoning rules prevent non-conforming structures from being expanded into nearby lots.

Williams [pictured at right with Mattison] said DeMayo overstepped his bounds: “He put himself into the shoes of the Board of Aldermen and City Plan Commission and decided what he would have done,” instead of deferring to city legislators. DeMayo “usurped the role and the authority of those boards,” Williams charged.

OK, but should the city seek a second legal opinion before moving forward with the appeal? asked one mother in the audience.

Weisselberg replied she’d taken an “informal canvass” of her lawyer friends and decided an appeal made sense. The city corporation counsel, Tom Ude, backed her up: his attorneys reviewed the case and agreed, he said.

Can they wait?
Sitting in what would become the school auditorium, there was no doubt the crowd believed in the site. When Weisselberg called out, “This site is the one we want!”, the crowd broke out in applause.

For the most part, they seemed sold on making the appeal, but some anxious parents, with fast-growing children playing in the church basement below, wondered what their options were. Was the court case worth the wait and possible failure? Should we form a parent committee now to search for backup sites?

Parents were quick to toss around ideas for other sites. Can we coopt the East Rock Magnet School once it’s rebuilt ? What about kicking Celentano out? Or plopping modular classrooms in the Whitney Avenue Church parking lot? (The city already owns the lot.) Reggie Mayo said “no” to the first two.

Some veteran parents said they didn’t need to look any further — they’d been through years of searching. “We know that any alternative will be inferior,” declared Bob Solomon, parent of two Hooker students with one on the way.

Neither did Principal Carol Kennedy: “This building has everything that we need. … The kids deserve an auditorium and they deserve a gym. Don’t lose sight of what we can have.”

Others pushed for a parent committee to start searching, pronto.

City leaders made a soft committment — they’d peruse old research, but wouldn’t form a full-fledged planning committee at least until they know if the appeal will be heard, said Weisselberg.

The city must submit a request for an appeal by May 17. By the summer, Williams said the city will know if the appeal will be heard or rejected. At that point the city would push the case to State Supreme Court and hopefully wrap things up in a year or so.

Then, construction would take another 18 months, said Weisselberg.

What’s going to happen to our third- and fourth- graders while we wait? the most anxiety-prompting question remained. Currently, the plan is to squeeze those grades into temporary sites: fourth grade with the 5-8 school in St. Stan’s, and third-grade in with the K-2’s at the Canner Street building. But keeping that squashed arrangement, which impacts the art and music classes, isn’t ideal for more than one year. Weisselberg sighed. That was a question for another meeting another night.

In the back of the room, a few muffled opponents (who had their chance to speak at numerous other public hearings) spoke out after the meeting. They said they did not comment during the hearing because pre-event announcements made clear the hearing was for Hooker staff and families only.

“The city has really steered this solution and it’s not a solution,” remarked Paulette Cohen, an Everit Street resident (pictured debating Ed Mattison). RH-1 was meant to “keep the institutional growth out,” she said. If you let institutional growth onto the street, “The whole historic character of this area is going to change.”

Responding to the assertion that there is no other good site for the school, Cohen suggested East Rock Magnet School. “They’re going to tear it down anyway,” and the kids are bused in from outside the neighborhood.

Fellow Everit resident Virginia Shiller said she found it “disturbing” that what was couched as a chance for public input was in reality a foredrawn conclusion. “The purpose of this meeting was to get your support for the appeal.”







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Posted by: charlie | May 5, 2006 10:30 AM

This is a bad site for the school. The East Rock Magnet School site would be much better. The East Rock Magnet school could then be moved to some of the vacant "class B" (older) office space downtown and truly be a magnet for the whole city.

Posted by: nutmeg [TypeKey Profile Page] | May 5, 2006 12:19 PM

Can you say NIMBY?

Posted by: Tom | May 5, 2006 2:48 PM

There was plenty of opportunity for anyone who wanted to speak to do so. People were not "pre-screened" at the discussion in any way. No one was "silenced" - that is flat-out wrong.

Posted by: Ned | May 5, 2006 4:38 PM

"neighbors fight in court, and the city backs down."

Yes those pesky plebians have the nerve to defy the all powerful City Hall - how dare they!

Also, a minor logical argument: if Hooker is overcrowded and "The highest-achieving school in the city of New Haven," then maybe more of the city's schools should be overcrowded... (only kidding).

On the other hand, if the neighbors could be assured that they wouldn't be subject to a giant eyesore (see the new Celentano school), maybe something more ecologically sound: non deisel buses, a green roof, focused non-intrusive lighting, rather than exhaust spewing buses, an acre of pavement and asphalt, high intensity lighting and dumpsters being emptied at 6:00am, then, ideally, a compromise might be reached.

Posted by: Hooker_parent [TypeKey Profile Page] | May 5, 2006 9:14 PM

What is so frustrating and fundamentally unfair about the court's decision and the efforts of the plaintiffs in this case is how an elite minority of property owners can frustrate the wishes of hundreds of families, deliberately delaying the best opportunity for learning for generations of children, simply based on fear and speculation that a school would "ruin the character" of their street, which they consider a private "gated community." The lawsuit is completely antithetical to democratic ideals and aspirations for the best for our children. The decision is contrary to the public's interest (not the interest of an elite few) and contrary to the evidence. The appeal should be vigorously pursued and the decision should easily be reversed. It is laughable that the opponents of the site had to resort to fear tactics, fraudulent, misleading photos (photo-shopped, and inadmissible in any court as authentic evidence), and misinformation such as the claims in the last posting above. It it even more regrettable that the plaintiffs were able to mislead the court with their false assertions, for example, claim fo "an acre of asphalt, high intensity lighting, etc." One would think that the plaintiffs were anticipating the construction of a maximum security prison, complete with razor wire. Whoever said "NIMBY" said it succinctly and got it right.

Posted by: john wysolmerski | May 7, 2006 10:30 PM

I was in the Whitney Life parking lot today beginning to teach my son how to drive. There is actually not much room back there! Looking at the picture of the proposed school posted with the article, it would certainly be an imposing structure that would, by necessity, loom over the adjacent houses. If it were my house I would be upset as well, not because there was a school next to me, but because there would be little, if any, buffer between the building and the nearby houses. I have generally stayed out of this whole debate, mostly because my kids don't go to school there and I do not live adjacent to the proposed site. However, the more I learn about this issue, the more it seems that, while the Hooker community and the city may feel that this is a good solution for them, it is not a great solution for the neighborhood at large. This is a unique neighborhood with great historic character and signficance. However, it is constantly under threat from institutional and commercial expansion. It would be foolhardy to do anything to degrade the residential character of Everit Street. The city should cherish it for the jewel that it is. If anything, New Haven should be trying to expand and reconnect the residential character of the neighborhood. If the church will no longer exist, the best use of the lot would be to build new houses facing Everit Street, not a looming school building. It seems to me that the city should have the courage to go back and start over again and try to come up with a plan that is more sensitive to all the residents of the neighborhood. The school board seems to have dug it heels in and this is now playing out as a childish game of chicken. I can understand the frustrations of the parents. But, messing around with the zoning process to force this plan into being is just poor governance.

Posted by: Neighborhood Resident | May 8, 2006 9:17 AM

I find it very disconcerting that there is the false notion circulating around Everit Street and the Edgehill neighborhood that, once a new Worthington Hooker school is built, the Board of Education intends to expand the student population and bus children in from all parts of the City. To my knowledge, this is simply not true. For one thing, the Superintendent has stood firm on his contention that Hooker is unique in New Haven and that it should remain as it is, a neighborhood school. Anyone who has witnessed the the difficulties experienced by would-be out-of-district families in trying to get their children into Hooker -- some of whom already had children attending the school -- over the past few years knows that the school is reserved mostly for in-district students. Some of those children are neighbors of the Everit Street residents who sued the City to stop the school. And, for another thing, the Hooker community of families strives to preserve the uniqueness of its school within the City and to preserve it's neighborhood identity. So, the notion that the school is going to be expanded is simply unfounded.

Perhaps we should all be wondering about the real reason behind such a rumor.

Posted by: vblaisdell | May 9, 2006 12:26 AM

I have a soft spot in my heart for Tony DeMayo, the judge who told the city it had to house its homeless people whether it wanted to or not. I think in this case, he's telling the city that it can't tweak the zoning laws in the interest of preserving a, quote, special school.
       Why is Hooker so special? Isn't it part of the city educational system? Does the city preserve "special" schools and ignore the "unspecial" ones? For instance, I've never understood why parents of Hooker students would object to their kids going to East Rock Magnet School (well, OK, I have some guesses). Same school system, right? If they can do something right at Hooker, why can't they do something right at all the city schools?
As a person who lives in close proximity to ER Magnet School, I know what it's like to be near something that looks very like a maximum security prison. And also what it's like to have school staff park their cars in front of your house, oblivious to their car alarms going off all day, parents waiting to pick up children taking all the parking spots on the street at 1:00 pm, school buses blocking the streets, kids tossing their homework and candy wrappers in your yard. Residents who live near a New Haven school perform an unsung public service that the Everit Street folks might not wish to sign up for. The Hooker parents might not want it in their back yard, either.

Posted by: live in the hood | May 9, 2006 2:50 PM

Interesting that the existing school on Canner doesn't "degrade the residential character" of this street or the ones adjacent. The houses there must be worth between $400,000 - $700,00 I am guessing. So...is that issue that the houses on Everitt are worth a few $100,000 more and money talks?

Posted by: boy in the hood | May 9, 2006 9:24 PM

One option would be to negotiate with the Everit Street neighbors. The city should let them know that the alternative plan to the school will be high-density (but permissible) Section 8 housing. That would bring them to the table lickety-split (as well as revealing their true colors).

Posted by: Jeff | May 11, 2006 5:14 PM

Vblaisdell,

Interesting question about why Hooker parents would object to sending their kids to ER magnet. Even more interesting is your question as to why there is inconsistency in academics between Hooker and all the rest of the schools. The answer to the first question is either prejudice, concerns over academic quality, or both. Why is Hooker better than the rest? Because the parents at Hooker have the capacity to insist that the school is good....and you can see it in the scores. So, should we conclude that unless you have a school population that resembles a Hooker (or perhaps Edgewood), we can't expect a good public school?

Posted by: boy in the hood | May 12, 2006 11:52 AM

I think the previous poster is being a bit disingenuous about why Hooker has higher achievement scores. The school does not have more resources. It has fewer resources that schools like Amistad or interdistrict magnet schools, which have class sizes limited to 22 with a teacher and aide in every classroom. These schools are in fact better academically than the garden variety New Haven public school. But they will lag behind Hooker for reasons related to class. Most Hooker families have parents who are college graduates. Most magnet school salt of the earth families qualify for free lunch.

Ironically, it doesn't really matter what kind of physical plant the Hooker students attend. Someone said the best education money could buy would be Mark Hopkins on one end of the log and you on the other.

Posted by: Jeff | May 13, 2006 5:26 PM

I agree with your comment about the college education of the Hooker parents. But as to resources, NHPS spends close the 13k per student per year not including money spent for buildings. Amistad spends 11k and does not receive money for buildings. Which additional resources were you referring to?

Posted by: esteban | May 15, 2006 9:00 AM

I thought this was a zoning issue. Is the land zoned for a school or isn't it?

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