Printer Friendly Version - Civil Suit Filed on Atlantic Wharf Decision

During an Atlantic Wharf public hearing on Dec. 3, 2015, David S. Golebiewski (standing, left) president of TPA Design Group in New Haven, responds on behalf of Metro Star LLC to a question from an abutting property owner, Robert Costanzo (standing, right). Listening in (seated, facing camera) are Metro Star Executive Manager/founder Robert Smith Jr. with Branford resident Earl Tucker (far right), a partner in Metro Star Capital.Pam Johnson/The Sound

Actions by Branford's Planning and Zoning Commission (PZC) to approve Metro Star LLC's Atlantic Wharf are being appealed as not valid, in a civil suit brought by a Wilford Avenue property owner.

On Feb. 15, notice of legal action was filed on behalf of Rosemary Costanzo Trust, et.al, 33 Wilford Ave., naming Branford PZC and Metro Star LLC (Milford) as defendants.

The Costanzo's property abuts a portion of land to be developed as part of mixed-use Atlantic Wharf; namely, 1.19 acres at 256 Meadow St.; currently an open lot across the street from the former Atlantic Wire factory. As part of the development, Metro Star has plans to build one multi-unit, three-story residential building at 256 Meadow St. as part of Phase One of its construction plans. Another nine buildings will be constructed on seven acres of land across the street, once the former Atlantic Wire factory is razed.

During the process leading up to the PZC's Jan. 21, 2016 vote to approve Atlantic Wharf, Robert Costanzo of 33 Wilford Ave. brought his concerns regarding Metro Star's plans to the PZC, in both written form and in the form of public comments and questions. The Costanzo family is being represented in the lawsuit by attorney Michael P. D'Amico (New Haven).

The PZC opened the public hearing on Metro Star's Atlantic Wharf site plan application on November 5, 2015. The date is one issue of contention among several named in the suit. While the PZC had properly notified the public it would open the public hearing on Nov. 5, nothing was heard that night; as Metro Star notified the PZC wasn't ready to proceed. In light of that information, the PZC voted on Nov. 5 to continue the hearing to Dec. 3. As reported by Zip06 at the time, PZC chairman Chuck Andres said Metro Star requested the delay because, "...there are a number of engineering comments, traffic comments, and so forth that I understand that the applicant wanted to address more fully, and so has requested that the matter be continued." Read the full story at http://www.zip06.com/news/20151109/atlantic-wharf-delay-hearing-continued-to-dec-3

While continued public hearings do not require public notice, the suit points to Dec. 3 as being the actual opening of the public hearing, contending, "...the first of three public hearings on the matter was opened at the PZC meeting dated Dec. 3, 2015, for which no legal notice was published."

Further, the PZC is faulted for "relying on a flawed traffic study" submitted by Metro Star, the suit asserts. It charges the PZC failed to find how Atlantic Wharf traffic would impact nearby streets, including the affect it would have, when combined with increased traffic at the future Senior Center/Community House on Church Street. The suit states the PZC should have also considered traffic impacting student safety at Sliney School, located within 1000 feet of Atlantic Wharf's development area.

The suit also claims commissioner Marcia Palluzzi should not have participated in the Jan. 21 PZC vote to approve the application, due to her noted employment as a part-time realtor with a local group, Greg Robbins & Associates Real Estate. The suit contends the connection is important, as Robbins "was the agent of record" for the former Atlantic Wire property owner, 1 Church Street LLC.