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Case by Case - A Periodic Newsletter
Winter 2006
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Blue Back Square
A New Model For Urban Renewal
By Michael J.Cacace
Over the past several years a new recipe for urban renewal projects was crafted in West Hartford, Connecticut, resulting in the approval of Blue Back Square. It is a project which used a public-private partnership instead of condemnation and cutting edge land use tools to promote new urbanism, by fostering substantial street level activity and a mix of uses that would be the envy of any community in Connecticut.
Our firm was fortunate to play an integral part in creating this new model for urban renewal; and the tools used in West Hartford could well serve as an example for communities not only in Connecticut but throughout the country. Therefore, this issue of Case by Case will focus on some of the more important aspects of the Blue Back Square project.
Who Needs Eminent Domain?
Condemnation is an expensive, controversial and politically polarizing tool for economic redevelopment. Condemnation frequently results in litigation over whether the taking is for a “public use” or whether the compensation paid was “fair.” In the best of cases, litigation often results concerning the compensation awards, while in the worst of cases, court review of the condemnation results in reconveyance of the seized property. This has happened more than once over the last few years in Connecticut. A public-private partnership is a better alternative to eminent domain and its aftermath of litigation and controversy.
The public-private partnership is an arrangement in which an agreement, or series of agreements, is made between municipal agents and private developers for a specific development purpose. The private developer actually purchases the privately owned parcels needed for the renewal project assemblage. The municipality participates in those acquisitions in a number of ways such as the contribution of available land or the use of municipal tax increment financing.
In the case of Blue Back Square, the private developer acquired a number of privately owned parcels. Those parcels included rundown and abandoned car dealerships with environmental problems, residential properties, commercial properties and properties owned by non-profit organizations. Those acquisitions -- presumably made at fair market value after arms length negotiations resulting in agreements between the developer and the private property owners -- were, in turn, funded by the use of municipally underwritten financing and the exchange of properties between the town and the private developer. The developer also agreed to make a number of improvements which will ultimately be deeded to the town. For example, the local American Legion Post will relocate to one of the new buildings in Blue Back Square. In addition, the town will be the beneficiary of two public parking garages, a new town park, streetscape improvements and renovations to its town hall and library.
Generally, agreements between municipalities and redevelopers require the assemblage of property in advance of a desired private redevelopment activity. Traditionally, these agreements have used the power of eminent domain. However, the Blue Back Square model teaches us that the community, the developers and private property owners can come together to accomplish the same end without the use of eminent domain.
Blue Back Square - A Model of New Urbanism
The Blue Back Square project is a mixed used development on 20.7 acres, which facilitates the expansion and renovation of existing municipal structures, the redevelopment of municipal and private land, the construction of new parking garages, the creation of additional on-street and off-street parking spaces, and the construction of over 570,000 square feet of residential, office and retail space. It includes many small street level activity-generating uses, with housing units nearby; large retailers, including Crate & Barrel, offices, a state-of-the-art health facility run by Hartford Hospital and an arts cinema. The project is the culmination of months of dialogue, compromise and review by the Town of West Hartford and the private developers, Blue Back Square Development, LLC and Raymond Road Associates, LLC. The principals of the developer have been involved in local projects including the rehabilitation of the Ridgeway Shopping Center in Stamford.
The Process
Blue Back Square started like many other redevelopment projects. The developer conferred with the Town of West Hartford staff, community members and experts on the size and scope of the project. Informal public meetings were held and the developers met with various architects, engineers, planners and financiers to begin developing a comprehensive redevelopment plan. Once the preliminary plan was established, the developers presented the plan to the Town of West Hartford staff for comment. Typically, municipal staff hires independent consultants to review redevelopment plans and issue written reports on their findings. In this instance, however, the Town of West Hartford took a different route.
Instead of requesting abstract reports or statistics from the developer, the Town of West Hartford staff invited the developer’s consultants to participate in staff meetings. The staff asked the expert consultants to oversee and correct misconceptions and flaws in the statistical information being analyzed by the town staff. Thereafter, that information was peer-reviewed by independent consultants. After review by the staff and experts, the developers created a redevelopment plan which required eleven land use applications.
Further straying from the traditional path, the Town Council adopted an ordinance to permit joint public hearings between the Town Council and the Town Plan and Zoning Commission. By authorizing joint review, the Town Council created an efficient forum for the Town Council, the Town Plan and Zoning Commission and the public to voice their opinions and observe the presentations of the developers. The consolidation of the hearing process streamlined the review, allowing duplicative matters, such as the creation of a special development district, to be heard in a single presentation. While matters such as the approval of an inland wetlands and watercourses application fell within the exclusive jurisdiction of one town body, the other land use agency was instructed to stay within the bounds of its defined role and refrain from comment. The land use applications for Blue Back Square included a subdivision, special permits and the use of design districts or floating zones.
In total, the joint hearing process involved more than fifty hours of public hearings. During that time, the Town Council and the Town Plan and Zoning Commission heard more than twenty presentations from town staff, the developer, experts and the public. Ultimately, all eleven applications were approved by the Town Council, the Town Plan and Zoning Commission or both. Shortly thereafter, the master agreement was approved by the public in a referendum. The very approval process for the Blue Back Square master agreement and zoning applications promises to make the project a success.
Litigation
As is often the case, the redevelopment project in West Hartford was the victim of a number of lawsuits. The Superior Court in Hartford, however, upheld all of the zoning approvals and the appellate court opted not to hear any further land use appeals. Although some litigation continues, each court that has reviewed the tools used by the Town of West Hartford has upheld the challenged decisions.
Despite some remaining litigation, all financing is in place, ground has been broken and the new model for urban renewal known as Blue Back Square is under way.
Ironically, the name “Blue Back Square” has its origin in the fact that Noah Webster, who hailed from West Hartford, Connecticut, created the once popular Blue Back Books for educational purposes. Noah would be pleased to know that the name Blue Back continues its instructional role as it serves as a model of new urban renewal techniques. Hopefully, it will be a lesson well learned.
Personal Notes
Cacace, Tusch & Santagata is pleased to welcome Michael Thomas who has become associated with the firm. The primary focus of Mike’s practice will be land use and real estate.
Michael J. Cacace has been accepted as a James W. Cooper Fellow of the Connecticut Bar Foundation. Also, New York Magazine listed Michael as one of the best real estate lawyers in the region.
Judith Ellenthal has recently been elected President of the Board of Directors of the Stamford School of Ballet.
Ronald E. Kowalski, II was a panelist in a recent roundtable discussion on condemnation and eminent domain featured in the Fairfield County Business Journal, and on January 12, 2006 will be program chair and speaker at a seminar, “Real Estate Tax Appeals in Connecticut - Practical Perspectives,” sponsored by the Connecticut Bar Association.
In September, Alice Ann Fitzpatrick and Linda S. Brown lectured at a National Business Institute seminar entitled “How to Draft Effective Wills and Trusts for Your Clients in Connecticut.”
Jane W. Freeman is joining a panel of other leading land use attorneys and presenting at a seminar on “Zoning, Subdivision and Land Development Law in Connecticut” on February 17, 2006 in Bridgeport, sponsored by Lorman Education Services.
Robert S. Fisher and Sherwood R. Spelke will be speaking to the Men’s Group at Sterling Glen of Darien on January 16, 2006 on matters pertinent to the elderly, including living wills and powers of attorney.
Paul T. Tusch, who recently concluded his term as Chairman of the Connecticut Bar Association Family Law Section, represented the Section before state officials to discuss pending legislation concerning custody orders in Connecticut divorce proceedings. Paul also lectured at the CBA Annual Meeting on recent developments in family law.
Our Mailing Address Has Changed!
Please note that in connection with Post Office restructuring, our mailing address and zip code have been changed. Our offices remain at 777 Summer Street in Stamford, but we are no longer receiving mail at our post office box. To avoid delays in delivery of mail, please address all correspondence to: Cacace, Tusch & Santagata, 777 Summer Street, Stamford, CT 06901-1022. Thank you!
CACACE, TUSCH & SANTAGATA is a full service general practice law firm dedicated to providing its clients with quality legal work. The firm occupies the second and third floors of the office building located at 777 Summer Street, Stamford, Connecticut, and has an office at 124 West Putnam Avenue, Greenwich, Connecticut.
Our attorneys’ areas of practice include: Zoning And Land Use Planning, Real Estate Transactions, Civil Litigation Administrative Hearings And Appeals, Valuation Of Property, Family Law, Bankruptcy, Landlord/Tenant Law, Estate Planning And Probate, Elder Law Business And Corporate Law, and Criminal Law.
Case by Case is intended to provide a periodic discussion of developments and issues of interest to our clients and friends. If readers have questions concerning the matters discussed herein, they should direct them to Ronald E. Kowalski II, the attorney responsible for the newsletter’s content at: CACACE, TUSCH & SANTAGATA by telephone at (203) 327-2000 or by e-mail at rkowalski@lawcts.com.
N.B. The information contained in this newsletter is informational and not intended to be legal advice and may not be reproduced in any form without consent. Requests for consent should be directed to Ronald E. Kowalski II, Cacace, Tusch & Santagata, 777 Summer Street, Stamford, Connecticut 06901-1022.
