Cosgrove Guts IWC; State Investigation Sought

First Selectman Jamie Cosgrove succeeded in removing another three members from the Inland Wetlands Commission (IWC) Wednesday night, but the ousted chairman said he will ask the state to take over the duties of the local IWC and place a moratorium a new commercial development until an investigation can be conducted.

In less than one year, Cosgrove has removed six of the 10 members whose terms expired. There was one vacancy due to death, so only three of the 10 people who were serving last summer are still on the IWC.

Cosgrove’s actions sparked criticism from several people in the crowd of about 50 who attended last night’s Board of Selectmen (BOS) meeting at Fire Headquarters.

Third Selectman Jack Ahern, the sole Democrat on the three-member board, said he was shut out of the appointment process and was not notified of the new nominees until Tuesday. He said it may be time to change the Town Charter to a new form of government, perhaps one with a mayor. He had asked for additional notice last month.

One woman said citizens should sign a petition requesting a referendum to table the appointments and create a more transparent and less political form of selecting people for critical boards and commissions. The town charter provides for a referendum.

IWC chairman Danny Shapiro, who was eliminated after serving more than 20 years, was out of town and was not able to attend the meeting. He sent an e‑mail letter addressed to the selectmen which Ahern read into the record.

Shapiro said he plans to write to State Commissioner Rob Klee of the Department of Energy and Environmental Protection. Shapiro said he will ask Klee ​“that decision-making for Branford’s Inland Wetland resources be taken out of our town’s hands and managed by the state as well as placing a moratorium on commercial building until a real investigation on what has transpired here takes place not a mock one built on false pretenses as you propose to conduct.”

Shapiro was referring to the ​“review” that Cosgrove announced March 24 in reaction to a March 21 story in the Branford Seven blog that raised allegations against Inland Wetlands personnel. The allegations related to a peer review report that was being compiled in connection with proposals to build a Costco warehouse store and seven other commercial buildings at Exit 56. The peer review was never completed because Costco refused to pay the final costs. 

Cosgrove has never announced the results of the review, despite requests from Ahern and the media.

Costco’s attorney Tom Cody cited concerns about those allegations and subsequently withdrew the Costco application in April, just days before the IWC was prepared to vote on the 44-acre development.

The timing of the changes to the IWC is critical because Costco or the other developers can now re-submit the same applications to a new and less experienced commission. 

Cosgrove campaigned in both recent elections on bringing Costco to Branford.

In another matter, Cosgrove last month accused the IWC of ​“an unprecedented abuse of power.” Cosgrove issued the statement after the IWC voted 4 – 3 to adopt a revised set of regulations. 

Wednesday’s 2 – 1 Vote

Cosgrove and Second Selectman Joe Higgins (seated far left), both Republicans, voted Wednesday to put four new appointees on the commission, rather than re-appoint the three people whose terms expired May 31. One appointment filled a vacancy created by the death of a long-time commissioner. Higgins made no public comments about the issues or the appointees. 

Last night’s action mirrored what happened last August when Cosgrove removed three commissioners, including one of the state’s leading wetlands experts, despite their desire to remain.

Ahern, who voted against the new appointments, said he was not notified about the four nominees until he received the agenda on Tuesday, despite asking for the information sooner. He said he was frustrated because he had no opportunity to know who the people are, other than a resume.

“Right now we’re not vetting anybody. At least I’m not,” he said.

Ahern said he has been accused of opposing Costco, but he said he is actually in favor of the store. ​“But I’m also in favor of how the processes should be done in this town. And it seems to me over the course of the last few months that the processes we have in this town are not being adhered to. And there have been many excuses for that.”

Ahern said the IWC is ​“an extremely important board. The work that has been done by the people who are being replaced is probably second to none.”

In reference to IWC chairman Shapiro, Ahern said ​“One of these people being replaced tonight has been on the board for 21 years, and I’ve served this town for 35 years and I don’t ever remember him making a terrible decision.” 

Ahern said it is important for the selectmen and the Representative Town Meeting (RTM) to follow the proper processes. ​“If we want to change that process, I’m not against it. But we need to discuss that, the three of us, at a meeting.”

Ahern said it may be time to change the charter and create a mayoral system. ​“I really feel I’ve had no say in things. People are being replaced and I can’t vet them. And like I said, they may be good people, but unfortunately I just don’t have information.”

Cosgrove said he vetted the people and talked to them on the phone. ​“The criteria is to put on reasonable people who want to serve their town,” he said in response to Ahern’s comments.

“I know my role as first selectman. And I never overreach beyond my authority or try to influence or interfere in the process of decision-making,” Cosgrove said.

“This is not about a single applicant. This is about a land use commission, volunteers wanting to serve in a capacity they haven’t before,” Cosgrove said.

Impact on IWC

Resident Janet Riesman, who lives near the proposed Costco development, asked about the qualifications of the nominees. 

“They are being appointed at the whim of the selectman because they are pro-development. They are the enablers,” Riesman said.

“The first selectman is using his process to his advantage in a way that has never been commandeered before,” she said. ​“His actions are purely autocratic and self-serving. This is a decision that needs more oversight.”

Riesman said there should be more transparency and oversight in the appointment process. ​“The citizens of Branford have every right to initiate a petition to call for a referendum to table these appointments,” she said.

​“It shouldn’t be a matter of cronyism, but a matter of qualifications,” Riesman said. ​“If there is not greater impartiality and greater openness in the making of appointments in the future, the board of selectmen looks like a kangaroo court where one man can stack the deck with players under his control and under his thumb.”

Cosgrove replied to Riesman: ​“Our government is made up of volunteers, citizens that want to come forward and serve. The qualifications that I look for, there’s no qualifications stated in the Town Charter, however I try to look for people who look at things reasonably and make an impartial decision. We do have regulations and mandates that need to be followed and all I ask of any commission member is to apply the regulations as written. That’s all I ask.”

In addition to chairman Shapiro, the other two members who were not re-appointment are James Killelea who has served 10 years; and alternate Stephen Gangi.

During the correspondence portion of the meeting, Ahern said he received an e‑mail from Shapiro that he wanted read into the minutes.

Shapiro Speaks On Needs Not Met 

In his two-page letter sent via the e‑mail, Shapiro did not mince words. ​“You, Mr. Cosgrove, have demonstrated a deplorable standard of conduct over the last year which is a new low for our town and something that I have not seen in my 22 years on the commission as Chair.”

Shapiro said it came as no surprise that ​“you wish to continue on the trajectory you set last year of removing commissioners in good standing. It is very disappointing to all those that care about our natural resources and the true costs of your actions.”

The purposeful disintegration of the IWC, Shapiro wrote, took a number of forms during the course of the Costco hearing. Specifically, he said Cosgrove failed to answer repeated requests from Shapiro for access ​“to fair, independent, unbiased land use expert legal advice.” He said that Aniskovich, the town attorney, had promised a land use attorney for the IWC but did not produce one. Instead Aniskovich handled that role, even though this is not his area of expertise. 

At the Costco hearings before the Planning & Zoning Commission, Aniskovich brought Attorney Carolyn W. Kone, an expert is land use law who works for his law firm, Brenner, Saltzman & Wallman in New Haven. However, Kone did not attend the Inland Wetlands Commission hearings, thereby preventing the commissioners from asking any questions or seeking advice on issues that came forth. Aniskovich recently told the Eagle that he wanted to save the town the legal fees and that Kone could watch the televised hearings, if necessary. 

Shapiro outlined Aniskovich’s many roles in the Cosgrove administration. ​“Atty. Aniskovich has an obvious conflict of interest which needs to be recognized. He nominated you for office, managed your campaign which noted as a goal for your election to put Costco at exit 56.” Shapiro is referring to Cosgrove’s first election campaign in 2013. He said Aniskovich should have recused himself ​“when participation has an appearance of impropriety, or when your ​“in team” could benefit from your participation or when you have said or done something to indicate your bias. Atty. Aniskovich fails on all three litmus tests.” 

He told Cosgrove that ​“you and Mr. Aniskovich acted to obstruct the Wetland’s Commission regulation revision process and called it ​‘political.’ None of the previous 8 revisions to the regulations, or any of the previous administrations sought to conduct themselves in such a manner.”

Shapiro discussed Costco’s recent application, an application they withdrew before the commission could vote on it. Shapiro observed that had it been approved in its initial stage ​“it would have surely been a disaster for downstream resources.” He noted that the Environmental intervenors and the paid consultant provided significant improvement each month and ​“at the end of the process the application was perhaps half way there.” He wrote that Costco’s initial application ​“failed to follow staff recommendations of leaving a significant buffer around all the wetlands and matching the pre and post development hydrographs.

“When it (the application) returns as I’m sure it will it will need lots of work to make it fair and consistent with what is the standard in this town. A strong wetlands commission is an ally not an adversary as you and Aniskovich have assumed. A strong Wetlands Commission is a great tool for insuring the integrity of resources. ….My record over the past 22 years shows no travesties, fair and uniform treatment to all and I’ve yet to hear a valid argument of diminished economics due to regulation on my watch. It simply has never been articulated or argued in any responsible fashion that local economics has been inhibited in any way.”

“So Mr. Cosgrove your poorly articulated call for an economic re-balancing of the Inland Wetland Commission is a false economy and a real cost to the taxpayers and people who wish to enjoy our natural resources the future. I would have thought that you would be aware of history and the missteps of the past and would be cautious not to repeat mistakes caused by irresponsible development and concentrating decision making in a single office, taking it out of the hands of the nominating committees, the IWC, the Town Staff and other bright and knowledgeable people around town.” 

He ended by telling Cosgrove he would ask the DEEP Commissioner to take over the function over the IWC and to place a moratorium on commercial building until an objective investigation takes place.

Killelea’s View

Killelea served on the IWC for over ten years. When we called Killelea yesterday, before the BOS meeting, he had not yet heard of the new IWC appointments and that he had not been re-appointed. Asked if Cosgrove had called him to inform him of the new appointments and to thank him for his service, he said he had not.

Asked his reaction, he said ​“I have enjoyed my years on the commission and the opportunity to work with dedicated and well-qualified commissioners. I leave believing that the departing commissioners have applied the statutes and the regulations in a fair and equitable manner which helps to preserve Branford’s wetlands. I remain hopeful that the newly- appointed commissioners will act in a similar manner in discharging their responsibilities under the law.”

Before Shapiro raised the issue of needing a land use attorney at the hearings, The Eagle asked Killelea if he felt one was important. ​“Given if you will the need for orderly and appropriate development in town, the presence of a land use attorney would go a long way towards assuring consistency and complimenting the work of the commission in the future. Yes,” he said. 

“Land use planning, including zoning, is a very specialized subset of the law. The presence of a land use attorney at the hearings would have blunted what I call the seemingly threatening comments …‘this will lead to litigation’ regarding the adoption of the (recent) regulations. Litigation is being used as a wedge so as not to raise questions,” he said.

Residents Speak Up

Before Cosgrove could respond to Shapiro’s letter, local Branford Seven blogger Steve Mazzacane went to the microphone and repeated allegations he wrote about in his March blog that ​“some inappropriate action did take place” in regard to Inland Wetlands personnel.

Mazzacane also said the Branford Land Trust publicly stated they were removing their objections to the project.

Environmentalist Bill Horne disputed the claim about the Land Trust not objecting. Horne said the Land Trust acknowledged that Costco did respond to some suggestions from their technical experts, but said ​“the Land Trust still has concerns about some of the things that are proposed.”

“Mr. Mazzacane is mistaken in his impression that the Land Trust has removed all its objections,” Horne told the BOS.

Jacey Wyatt, who has run for first selectman, chastised Mazzacane for responding to Shapiro’s letter instead of allowing Cosgrove to do so. She said he should not be speaking for Cosgrove and the town of Branford.

Then Wyatt addressed Cosgrove. ​“I don’t think you should be replacing every single person on commissions just on a whim,” she said. Wyatt said if she is elected first selectman ​“I’ll replace almost everybody you’re putting on these boards.”

Attorney Peter Black, a Republican who sits on the RTM, said in his opinion there is no possibility of a referendum on this issue.

Marc Riccio, a Republican member of the RTM, said development is an important way to raise the commercial tax base and prevent property taxes from increasing.

“I congratulate and commend you and your administration for trying to do what is best for the town,” Riccio told Cosgrove.

During the meeting, reporter Pam Johnson of The Sound asked Cosgrove for the results of a review he conducted regarding Inland Wetlands. 

Cosgrove said ​“The review of what happened and what occurred in that e‑mail chain that was posted, that is a separate issue.” He also said he wasn’t going to speak about personnel matters in a public meeting.

Following the meeting, the Eagle asked Cosgrove for his response to Shapiro’s letter regarding state intervention. Cosgrove said he just heard the letter and couldn’t comment. But he did say: ​“Mr. Shapiro’s letter was grossly inaccurate and had personal attacks, but I don’t take it personally.”

The Eagle asked Cosgrove why he removed Shapiro. ​“I have no issue with Mr. Shapiro. I thank him for his 21 years of service.” He said his reason for replacing the IWC was because ​“there are other residents in town who want to serve the town.”

The IWC Commission

Shapiro has degrees in mechanical and electrical engineering. He has served on the IWC since 1995, and has been chairman for about 20 years. Killelea is an attorney who has dealt with cases involving environmental pollution. He has served on the IWC for 10 years. He is also a member of the newly formed Public Building Commission. Gangi has degrees in chemistry and environmental education. He has served as an alternate since 2008.

Peter Bassermann, the fourth commissioner whose term just expired, was re-appointed by a 2 – 1 vote Wednesday night. He has degrees in electrical engineering and computer information science. He served as an alternate since 2010 and was appointed a full commissioner in November 2015 to fill a vacancy created after the death commissioner Robert Valley.

When Cosgrove made the appointments in August, he named two new people as full commissioners instead of elevating alternates Bassermann and Gangi. New members on regulatory commissions are traditionally appointed as alternates, and the alternates who have experience are elevated to full membership. One of those removed in August was Dr. Richard Orson, one of the state’s leading experts in wetland issues.

The IWC has seven full members and three alternates.

The three IWC members who were appointed last August were James L. Goggin and Merle Berke-Schlessel, who are full members; and Richard K. Greenalch, who was an alternate but was moved to full membership by a 2 – 1 vote Wednesday.

Of the original 10 IWC members who were serving before the cuts were made, the two who remain, in addition to Bassermann, are John Rusatsky and Suzanne Botta.

The four new commissioners appointed last night are James Sette, Sandra Kraus, Rick Ross and Eric Rose.

According to his resume, Rose is the president of E.M. Rose Builders Inc. of Branford, which is described as a custom residential construction company that employs 20 full-time people in project management and supervision. 

Ross is a managing member of Branford-based Westmount Development Group LLC and managing director of Westmount Management Inc., specializing in the development and management of affordable housing. He has an economics degree from Boston College. Ross previously served on Branford’s IWC from 2004 through 2008.

Sandra M. Kraus is employed as business manager at Lowlicht Oral and Maxilofacial Surgery in Branford. She has degrees in finance and psychology.

The Eagle did not receive a resume for Sette, but he is the chair of the town’s Zoning Board of Appeals.

The new commission will not only have jurisdiction over whatever happens with the Costco commercial complex at Exit 56, but will most likely receive applications for other undeveloped sites.

One of the largest tracts of undeveloped land is owned by Al Secondino and Michael Belfonti through their corporations. That includes 71 acres of the former Bittersweet Farm property and an adjacent 50 acres to the south. These properties are also near Exit 56.

In 2011, Secondino and Belfonti made an informal presentation to the Inland Wetlands Commission for that site. They were hoping to develop a multi-use complex featuring a medical center, offices, residential units and a Costco store on 135 acres of land, but they never submitted an application.

A third major site of undeveloped property is at Exit 53.

Marcia Chambers contributed reporting for this story.

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