With Permission
Costco is resetting the clock.
Costco’s attorneys have informed the Inland Wetlands Commission (IWC) that they plan to withdraw their applications on Tuesday to build a new store in Branford — - and immediately resubmit them.
This unusual move would cancel next Thursday’s first public hearing for the proposed 44-acre Costco complex at Exit 56. Since the plans are being withdrawn and re-submitted, the IWC would have to set a new hearing date—possibly not until January.
“They’re going to re-submit to reset the clock,” IWC chair Daniel Shapiro told the Eagle after last night’s special meeting at the canoebrook senior center. He said it’s an unusual move. “I have never seen this in 20 years,” said Shapiro, who has been on the IWC for two decades.
The IWC was slated to hire peer consultants at the special meeting last night to review three applications filed by the Costco complex developers. Peer review consultants work on behalf of the IWC to serve as technical experts but the costs are paid by the developers.
Costco’s actions will allow more time for the peer review consultants to complete their reports and share them with Costco, most likely before the hearings begin. This was an issue that apparently concerned one of the Costco attorneys.
Costco Attorney Raises Time Issue
At the September IWC meeting, one of the commissioners asked Costco attorney Thomas Cody if he agreed with the timeframe being discussed. “That timeframe is satisfactory to us,” said Cody, an attorney with the Robinson & Cole legal firm in Hartford. “I just hope that the work of the peer review consultant can proceed at a pace so that their work can be finished and shared before we get into the hearing.” Click here to read that story.
At the October IWC meeting, Cody asked if the public hearings could be delayed until December so the peer review consultants could make their reports. He was informed the delay wouldn’t be possible because the commission has to meet certain timeframe conditions once an application is received. Click here to read that story.
The IWC and P&Z commissions have regulatory timeframes that must be followed. Typically, developers may withdraw an application if they need to make revisions, and then submit a new application at a later date. Or, they may request a hearing be continued to a later date, if it still falls within the timeframe. Sometimes developers will withdraw an application if it appears a regulatory board will deny the project.
With Permission
The original site plan applications were submitted to IWC in September. Since that time, the commission held a special meeting to conduct a site walk in early October, and the developers made an overview presentation during the regular October meeting. Following that presentation, the commission members discussed the types of peer review consultants they would need, and what the scope of their work would be. The commission then had to advertise for consultants.
Diana Ross, the Inland Wetlands Environmental Director, told the Eagle that the peer review consultants, who were slated to be hired last night, will be hired at the regular meeting next Thursday after the applications are re-submitted.
Michele L. Maresca, an attorney with the Robinson & Cole legal firm representing Costco, sent a letter dated Nov. 4 to the commission stating their intentions.
The letter stated:
“The statutory timeline for Commission review and action on the pending application is moving along quickly. In order to give the Commission sufficient time to review the application, including completion of the peer review, we think it is best that the application be withdrawn and re-submitted immediately. This would re-start the statutory timeline, give everyone more time to review the application, and effectively give the Commission an additional 65 days before the public hearing would have to commence.”
Since there are actually three applications, the commission received similar letters regarding the other two undeveloped properties in the Exit 56 complex. The undeveloped properties in the Planned Development District (PDD) include: Wayne Cooke and the Cooke family corporations own a 22.36-acre site where Costco plans to build; Charles E. Weber Jr. and Al Secondino, and their 595 Corporate Circle corporation, own a 16.56-acre parcel where six buildings are proposed; and trustee Peter G. Mandragouras, owns a 1.73 acre site, where one building is proposed.
The PDD and Master Plan for Costco and seven other commercial buildings were approved by the Planning and Zoning (P&Z) Commission July 9 by a 3-2 vote. Click here to read about that. The developers must also seek approval of detailed site plans from both the IWC and then P&Z.
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