Neighbor Appeals P&Z Atlantic Wharf Decision

A neighbor who lives near the Atlantic Wharf residential and commercial project on Meadow Street has filed an appeal in New Haven Superior Court to reverse the Planning and Zoning Commission’s decision approving the project. 

Attorney, Michael P. D’Amico, who practices in New Haven, represents property owner Rosemary Costanzo, who lives on Wilford Avenue. He claims the P&Z decision is illegal for one or more of three allegations. He alleges that P&Z commissioner Marci Palluzzi had a conflict of interest and should not have voted; that the legal notices for the public hearing were faulty, and that the traffic study was flawed.

Town attorney Bill Aniskovich told the Eagle yesterday that Carolyn Korn, a partner in his law firm and one of the leading land use attorneys in the state, would represent the P&Z.  D’Amico specializes in personal injury law. 

The Atlantic Wharf project was proposed by developer Robert H. Smith Jr., the CEO and founder of the Milford-based Metro Star Properties LLC. He plans to build 10 upscale apartment buildings, featuring 205 apartments, on 7.5 acres at the site of the former Atlantic Wire factory on Meadow Street. Six of the buildings will have retail, restaurants and commercial units on the first floor, and the other four will be strictly residential.

The plans were unanimously approved by the P&Z on January 21. Developers at that time told the Eagle they plan to start work this summer on the demolition and environmental cleanup at Atlantic Wire. However, the appeal prevents the town from issuing a building permit until the appeal is resolved or a settlement is reached.   

The appeal of the P&Z ruling was filed on behalf of the property owner, legally Rosemary Costanzo, the trustee of 33 Wilford Ave.  Robert “Bobby” Costanzo of the same address frequently raised issues about the Atlantic Wharf proposal during the public hearings. The Costanzo property is one of several homes directly behind and abutting the 256 Meadow St. site where one of the apartment buildings is slated to be built. That site is across from the factory.

A copy of the appeal was filed at Branford Town Hall on Tuesday. The P&Z Commission and Metro Star are required to respond to the complaint by April 5 in the Superior Court of New Haven. The notice of appeal was announced Thursday night at the P&Z meeting. The appeal had to be filed within 15 working days of the P&Z decision.

Unanimous Approval

In addition to Palluzzi, (pictured at center) the commissioners who voted in favor of the project were P&Z chair Charles Andres, John Lust, Joseph Chadwick, and Paul Higgins Jr., who is an alternate.  Commissioner Joseph Vaiuso did not vote because he was absent from some of the hearings. Alternate Fred Russo was absent.

The appeal claims that Palluzzi had a conflict of interest because she is employed as a part-time real estate agent at Greg Robbins & Associates. It further states that Robbins was the agent of record for the property owner, 1 Church Street LLC.

The Atlantic Wire property was purchased in 2011 by Kevin O’Neill, president of Cherry Hill Glass Co. on Elm Street, along with his corporate partners, Jeffrey A. James and Theodore J. Cwiertniewicz through their One Church Street LLC corporation. The purchase price was about $850,000. According to records, Robbins was the real estate agent for One Church Street LLC when the purchase was made in 2011. He does not represent the developer, Metro Star.

According to sources, Robbins’s rental agreement with O’Neill expired in December, 2015.

Developer Smith and his partners have an option to buy the property, but it could not be confirmed today if Robbins is still representing the corporate property owners in the upcoming sale whenever that occurs. It could also not be confirmed if Palluzzi is still affiliated with the Robbins real estate firm.

The Eagle requested comments from Robbins and Palluzzi, but responses were not received at press time.

The Eagle also contacted Gregory Muccilli, an attorney with Shipman & Goodwin in Hartford, who represents the developers. Muccilli said he could not comment because of the pending litigation.

Legal Notices

The second allegation involves whether the public hearing was properly advertised in legal notices. The appeal says a legal notice was published Nov. 5, 2015, but that there were no legal notices for subsequent sessions of the hearing, which concluded in January. Legal notices are typically required only when the hearing begins.

According to P&Z minutes, the public hearing opened Nov. 5, 2015, but the developer requested more time, so the hearing was continued to Dec. 3. Another session was held Jan. 7, at which time the hearing was closed.  A decision was reached at the Jan. 21 meeting.

Traffic Issues

The third allegation is that the P&Z failed to ensure “that traffic generated by the project would not adversely affect the surrounding area, and will not disrupt the orderly movement of vehicles and pedestrians in the area, by relying on a flawed traffic study” submitted by Metro Star developers.

The appeal claims the traffic study failed to show how the project would affect several areas: Wilford Avenue; the streets near the Branford Community House where the new Senior Center will be located; and the area around the John Sliney Elementary Street.

Traffic issues and other concerns were initially raised by Wilford Avenue residents, during the public hearing sessions for the Planned Development District and Master Plans, which were approved in February 2015.  The developers met with neighbors over the summer, and some issues were resolved. Robert Costanzo congratulated the developers on a good presentation at the Dec. 3 public hearing, but he continued to express a variety of concerns.

Residents again raised traffic concerns at the Jan 7 session, especially in regard to the town’s plans to renovate and expand the nearby Community House on Church Street to include a new senior center.

The Board of Selectman recently approved a motion to commission a traffic study for the Community House Project.

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