Introduction
The
purpose of this time-line is to illustrate how Ridgefield's
legislators have handled the 8-30g housing issue and how that
resulted in the purchase of the Schlumberger property and the
beginnings of the 8-30g alley that will eventually extend from the
route 116 to the corner of Gilbert and Main.
The
authors have done their best to document all known events via public
records, documents and statements. If there is an error, it is
UN-intended.
However,
we do have a point of view and it is that had there been more
foresight, strategic thinking and better management of this issue,
Ridgefield would not be facing it's current situation of being
saddled with an $11-$12,000,000 investment for a troubled piece of
property under the guise of 'controlling our destiny' while having
our hands tied over a concentration of 8-30g housing that will most
certainly line part of Main Street within the next few years.
How
could this have been avoided? By applying for and successfully
attaining a four year moratorium on 8-30g high density building which
would have given town planners and administrators time to develop an
overall strategy that might have resulted in a better integration of
8-30g housing into our community, including on the Schlumberger
property.
To
begin with, it needs to be understood that it is the Board of
Selectmen who must initiate a study and fund an 8-30g housing
moratorium. They have now done that, four and a half years after it
was first mentioned.
2007
August
27, 2007
Memorandum:
The Town of
Ridgefield was shown on the “2006 Affordable Housing Appeals
Procedure List” (posted on-line by the CT Department of Economic
and Community Development) as having 8,877 dwelling units (based on
the 2000 Census) of which 160 units qualify as “affordable” under
the criteria listed in §8-30g of the Connecticut General Statutes.
This means that 1.8% of Ridgefield’s housing stock are counted by
the State as “affordable.”
This
was at the height of the Eureka litigation which 'sort of' resolved
in February of 2008. During that period it was determined that mixing
the ongoing litigation with the pursuit of an 8-30g moratorium might
not be in the town's best interests.
There
was no activity in regards to the high density 8-30g housing issue
for the next two and a half years.
2010
December
An
8-30g application for 9 units located at 613 Main Street is approved.
2011
June-July
Ridgefield
Press article by Macklin Reid:
"Planning
and Zoning Commission Chairwoman Rebecca Mucchetti told the selectmen
last week. "What we've seen in the last year is a real focus on
Main Street."
Under
8-30g, projects in which at least 30% of units meet the state's
affordability guidelines are exempt from most zoning rules, and towns
can only turn them down on "health and safety" grounds.
"Our
concern is, we can't consider the impact on the town. We can't
consider the impact on neighborhoods," Ms. Mucchetti said.
Last
Wednesday Ms. Mucchetti and Town Planner Betty Brosius told the
selectmen they thought the town could qualify for a four-year
moratorium on new applications under the state law.
A
municipality may apply to the state for the moratorium if 2% of its
housing qualifies as "affordable" under state rules.
In
Ridgefield, that 2% means 188 of the 9,420 housing units counted in
the 2010 census, Ms. Brosius said.
"I
believe we're over 2%," she told the board.
From the same article:
"Our
great concern is what's happening on Main Street," Ms. Mucchetti
told the selectmen. "...We are aware of two or three more
possibly in the pipeline."
July
5, 2011
A follow up Letter to Mr Marconi from the Town Planner confirms Ms.
Murchetti's statements about being “over 2%” which makes it
practical to pursue a four year moratorium on 8-30g (high density)
housing construction.
There
was no legislative follow up to this information.
Meantime,
another 8-30g application for 14 units at 7-9 North Salem Road is
received by Planning & Zoning.
September
September
7, 2011 BOS meeting -
Mr. Marconi introduces a resolution to purchase 30 acres of the
Schlumberger property, with an unnamed developer purchasing the
balance of the property.
When
Selectmen Bodner suggests that the Town buy the entire property, R.
Marconi responded that the Town of Ridgefield is not in the real
estate business. We should not
be dividing up the property.
We received complaints about this with
regard to Bennett’s Farm. We
do want to continue to retire our debt service.
September
20, 2011 Water
Pollution Control Authority Minutes – The Chairman, ”Mr.
Caldwell stated that he had discussed with Mr. Marconi potential
sewer use units for the Schlumberger property.”
October
October
5, 2011 Minutes: R.
Marconi introduced and read the following resolution:
RESOLVED:
That the resolution entitled “Resolution Appropriating $7,000,000
For The Acquisition Of 45 Acres Of Land From Schlumberger Technology
Corporation On Old Quarry Road In The Town Of Ridgefield And
Authorizing The Issuance Of $7,000,000 Bonds Of The Town To Meet Said
Appropriation And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose”, a copy of which is attached
hereto, is hereby approved and recommended for adoption by the legal
voters of the Town at a referendum to be held pursuant to Section
3-10 of the Town Charter on December 6, 2011 between the hours of
6:00 o’clock A.M. and 8:00 o’clock P.M.(E.S.T.).
Ms.
Manners indicates that controlling the property neutralizes the
threat of high density, i.e. 8-30g development.
The
BoS approves taking a resolution authorizing the issuance of $7
million in bonds for the purchase of the Schlumberger property.
October
19, 2011 At a public
meeting concerning Schlumberger, the town's consulting engineer
presents a site plan indicating that 290 units is the maximum number
that can be built on the property.
“B.
Manners stated how 290 affordable housing units could result in 290
units x up to 5 stories”
Mr.
Marconi states “The
Town of Ridgefield plans to spin off ten acres (Sunset Lane parcel)
for development in order to get some income from the property as soon
as possible with perhaps 17 – 18 single family units and 2
apartment buildings”
In
response to a question “R.
Marconi responded that the hope is to offer for development the ten
acres within 6 months to 3 years”
November
November
7, 2011 Special Town
Meeting minutes, In response to a question from the floor “Controller
Kevin Redmond responded that the service on $7 million is about
$465,000 a year. Mr. Marconi added that $60,000-$80,000 a year for
minimal
maintenance
pushing the annual carrying cost over $500,000.”
"Mr.
Marconi informed the audience that as for future municipal uses, the
Town might keep some land to preserve this potential, but the
Selectmen have no near-term plans for
anything."
November
16, 2011 WPCA Minutes
- Chairman Caldwell states that “The
sewer use allocation for this property is 59 use units. Mr. Caldwell
(chairman) requested that the Town of Ridgefield inform the WPCA of
their specific future needs to be implemented into our Facilities
Plan.”
There
is no further detail about what this means in terms of sewer usage.
Is there currently enough capacity or will the system need to be
expanded to accommodate the contemplated uses for the property.
Coincidentally,
the commission will soon begin a lengthy process to upgrade the South
Street plant. This is mandated by the state every 20 years.
November
26, 2011
Morning and afternoon public tours conducted at the Schlumberger
Property by the First Selectman and board members.
December
December
3, 2011 Two more
public tours are held at the Schlumberger Property. A visual
inspection of Phillip Johnson Building by one of the authors of this
document, a real estate professional, indicates significant water
damage. It appears a new roof and skylights will be required. No
capital budget provided for voter’s review.
Mr.
Marconi indicates that a private art collector has approached the
Town about using the Phillip Johnson Building to store his private
art collection and uses this as an example of the interest that
preserving the building could offer.
December
6, 2011 The Town
voters approve the issuance of $7 million in bonds to purchase the
Schlumberger property.
From
the Ridgefield Press:
“The
selectmen must vote again at the end of the due diligence period on
whether to go through with deal, and only after a second positive
vote by the Board of Selectmen will the negotiated agreement for the
purchase become final.”
At
First Selectman’s direction, $7 million in funds drawn through BAN
notes before
the final contract between Schlumberger and the town has
been
completed and before due diligence has been completed.
Under
8-30g, a new high-density building application is submitted for 16
units to be built on a small lot located at 593 Main Street.
2012
January
The
sales contract with Schlumberger is amended to permit an extended due
diligence period and designates the Sunset Lane Parcel for “Form
III” status requiring further remediation than originally assumed.
This process could take up to eight years and would preclude selling
the Sunset Lane parcel, and hope for any quick return on investment.
January
06, 2012 Ridgefield
Press article including direct quotes from Selectman Bodner:
“The
rationale for buying the Schlumberger property was to control our
destiny as it related to the risk of high density housing in the
middle of town,” he said in an email following the vote.
“
Potential numbers as
high as 500 units were suggested at public hearings. I now believe
that the realistic number is quite a bit less.”
He also felt the growing
number affordable housing projects proposed on smaller sites around
Main Street and in village changed the context.
“
I believe that as
many apartments as the market will bear are likely to be built,” he
said, “and frankly, if I was given the choice of locating them at
Schlumberger versus on Main Street, Schlumberger would have won,
hands down.”
“
Part of the
justification for the purchase was the expectation that a substantial
portion of the investment would be recouped quickly through the sale
of a 10-acre parcel, which it now appears that the regulatory process
could delay for as long as eight years,” he said.
First Selectman Marconi
said under the new agreement — as under the original — the
selectmen would still have an the opportunity to decide not to go
through with the purchase. “
January
13, 2012
Ridgefield Press article: This
week Ms. Mucchetti expressed frustration that the selectmen hadn't
taken up the moratorium initiative sooner. She and commission Vice
Chairman Patrick Walsh had taken the idea to Mr. Marconi on June 24,
she said, when the commission was starting the hearing process for
the North Salem Road project.
"We
told him we knew, as we reviewed this one affordable housing project
in front of us, that others were waiting and watching," she
said.
"We
had the records, and we gave it to him and encouraged him to follow
up...
"He
indicated to us he wanted to go forward and pursue it. That was in
June," Ms. Mucchetti said, "and then we didn't hear
anything."
Asked
about it this week, Mr. Marconi confirmed that he'd talked to the
zoning officials about it in the summer.
"We
had a meeting on it, but there wasn't any urgency," he said.
Due
diligence continues, results only available in executive session. No
records, recordings or minutes are kept as is customary in executive
sessions.
January
17, 2012 Board of
Finance meeting, “The
BOF is unable to determine which account held the Schlumberger BAN
money and the $4.3 million refund from CL&P. Mr.
Ulmer
said he would talk with the Treasurer and find out.”
Terms
of the amended contract now require Schlumberger to provide
Ridgefield a copy of the Form III Remediation of the 'A' Parcel of 30
acres. This document is to be filed with State of Connecticut DEEP (Department of Energy and Environmental Protection)
outlining existing
conditions and the cleanup plan. No copy is made public and as of
this date, the authors have not verified that this has been
completed.
February
Board
of Selectmen approves the hiring of outside legal counsel
to prepare an 8-30g moratorium application (first discussed in 2007,
again in 2008 and June of 2011).
February
7, 2012 Schlumberger
due diligence period expires and town requests an extension until
February 8th
so the entire Board can cast their final votes on whether
to proceed with the purchase or walk away from the Schlumberger deal.
As
per the updated contract, Ridgefield is to provide $3 million at
closing with an additional $3 million to be held in escrow until a
licensed environmental professional hired by Schlumberger certifies
the cleanup is complete. Schlumberger is entitled to interest earned
on this escrow.
Addendum
and opinions
The
Board of Selectmen's original goal in purchasing the property was to
prevent UN-desirable over development, represented by 8-30g housing,
which was grossly exaggerated at the time.
Moreover,
the entire property is problematic, requires complete environmental
remediation and state regulatory sign-offs before it can be sold for
residential use, at which time Ridgefield might recoup some of its
investment.
This
process could take up to eight years during which Ridgefield is
saddled with an additional $11-12 million dollar debt that includes
in excess of $500,000 annual carrying costs. Which budget will be
impacted by this additional burden?
For all
these reasons we believe the sale should not go through.
Instead
the Town should try to negotiate a contract for the 'right of first
refusal' in 8-10 years after the property is fully cleaned by the
seller and vetted by the required state agencies and is ready for
sale.
Meanwhile,
the Town is no further along in developing an overall strategic plan
for managing growth in Ridgefield, and mitigating the impacts of the
8-30g housing blitz which
gains momentum, even as you read this.
And
who knows, in 8-10 years, with some careful planning, Ridgefield may
be able to prove 10% of our housing qualifies as 8-30g which will
then exempt us from any further such construction.
Or
the 8-30g law may be modified in some way.
