For minutes of meetings not listed below please contact Alan Lo
at 203-854-6790 or email at alo@norwalkct.org

CITY OF NORWALK
LAND USE AND BUILDING MANAGEMENT
MAY 31, 2007
SPECIAL MEETING

ATTENDANCE: Douglas Sutton, Chair; Gwen Briggs; Douglas Hempstead;
William Krummel; Kevin Poruban; Nicholas Kydes (8:38 p.m.)

STAFF: Alan Lo, Building and Facilities Manager; Peter Nolin Corporation Counsel

OTHERS: Marilyn Robinson, Historical Commission; Gail Wall, Historical Society, Robert Wagman

ROLL CALL

Mr. Sutton called the meeting to order at 7:30 p.m. noting that they had a quorum present.

NEW BUSINESS

FODOR FARM

DISCUSSION REGARDING FODOR FARM PROPERTY AND SCHEDULE A PUBLIC HEARING

Mr. Sutton provided those present with an overview of the charge of this Committee regarding Fodor Farm. He said that they would try to arrive at some pros and cons regarding the two proposals before the committee. They are: deed restriction and the creation of an historic district. He said that they had two experts present this evening to answer any questions, Mr. Nolin and Mr. Bryant.

Mr. Lo explained that there was no action required tonight and in addition a public hearing was not required for this item either. At the Committee’s request he said that he included the comments from the Zoning Commission regarding the proposed plans and a letter addressed to Mr. Bryant from the Connecticut Commission on Tourism.

Mr. Hempstead requested a copy of the votes taken by the Zoning Commission.

Mr. Krummel asked why a public hearing was being scheduled since there would be no action taken. Mr. Lo said that a public hearing would be necessary if there is a sale of the property. Mr. Hempstead asked if there would be specifics if they are going to sell the property. Mr. Lo said that the City may want to consider bids from people with experience in historical renovations. He said that the City must first do a lot line adjustment.

Mr. Krummel brought up the issue of the buried tanks on the property. Mr. Lo said that he got proposals for the removal of the tanks. He said that will not know the extent of any contamination until they did.

Mr. Krummel expressed concern about the machine tool operation in the barn that took place during World War II. Mr. Bryant said that the barn was removed a number of years ago. Mr. Nolin said that since the issue has surfaced, they must test the site and remediate any problems if any are found.

Mr. Nolin addressed the advantage of the declaration of covenance. He explained that it would be faster. In addition the Law Department maintains that there is no Historical District. The deadline was missed and the plan died. Mr. Krummel pointed out that the Historical District Committee is in the process of completing its work. Mr. Nolin said that by law, the Committee ended the day that they missed the deadline. They had a procedure by state law and missed that step. There is nothing in the law that says they can extend the deadline.

Mr. Nolin said that the Common Council and the Mayor can set up a new Historical District Committee, but if they miss the deadline they can’t pick and choose how and went to start.

Mr. Bryant said that he begged to differ. The process follows the State statute. He said that the Committee was created by the Mayor and the Common Council. He said that when he failed to put the report on the right counter in January, it stopped the process. He said that he consulted with the Commission on Culture who is the body to approve the process. Mr. Nolin said that he did not care what a committee on non-lawyers says.

Mr. Nolin said that he gave his opinion. He said that he would be happy to yield to the Attorney General, but not that group.

Mr. Bob Wagman said that he was concerned that there has been no discussion about what is best for the City.

Mr. Nolin said that one is available to do in a relatively short time frame, the other requires forming a new committee that has to come back to the Common Council and the Mayor for a vote. Mr. Wagman said that speed should not be the only limitation.

Mr. Hempstead said that he wanted to see copies of the minutes from the Planning and Zoning Commissions to get a sense of the comments. He asked what would happen if no one purchased the properties.

Mr. Bryant said that he wrote the proposed ordinance in the most flexible way possible. He said that the Historic District could be a stand alone Commission or a sub committee of the Historical Commission. Mr. Nolin pointed out that one of the members of the Historical District has to be an owner.

Mr. Poruban told Mr. Bryant that he was disappointed that it was not filed in time. He said that they are supposed to do what is best for the City, and because it was not filed in time, they are being told to throw it out.

Ms. Wall said that the work has been done. There may have been a tiny glitch, but the Common Council could tell them to move forward on this. Mr. Nolin said that his legal opinion is that the deadline required by state law passed and the Committee is over. He said that they could create a new committee and start the clock.

Mr. Wagman said that the work has been done already. He suggested forgetting about the legal position. Mr. Nolin suggested getting a legal opinion to override his opinion. He added that he did not believe they could create a historic district now. It would make sense, however, to tell the potential owners that there have been discussions about creating a historic district.

Ms. Robinson asked if they accept the City’s opinion that the Commission is now defunct, does that mean that the Common Council can not look at the report and consider it. Mr. Nolin said that he has no objection. The question is that if you decide that a historic district is a better plan, how you proceed. He said that if he is wrong, he can be overruled.

Mr. Wagman said that if the historic district was the way to go, it wouldn’t take two more years for the work to get done. He added that this group has not been energetic in resolving this issue. Mr. Nolin said that it is up to the Committee to decide which plan is preferable and better for the City.

Mr. Hempstead asked if there was anything to prohibit the City from taking the report and incorporating it into the ordinance. Mr. Nolin said that he sees no prohibition. The Common Council can put in what ever deed restriction they want. Mr. Hempstead suggested taking the best of the report and incorporating it into the deed restriction, if they are going to sell the property. He said that it would be unfair to sell the property without something attached to it. Mr. Hempstead suggested making the Historical Commission the oversight commission. Mr. Nolin said that the Common Council could delegate the authority to the Historical Commission without holding a public hearing.

Ms. Briggs noted that as she reads the report, they are establishing a commission that is an advisory commission to the home owners.

Mr. Kydes arrived at 8:38 p.m.

Mr. Hempstead summarized the discussion stating that they were creating a district that would be overseen by the Historical Commission. He said that they can create a district but how it is managed is key. It would be spelled out in the deed restriction.

Mr. Poruban said that he understood the need to get something done with the buildings and is in favor of creating an historic district. He asked that the Committee look at both plans and get another legal opinion so that they do not drag this process out any longer.

Ms. Wall said that having an historic district would make Norwalk eligible to become a CLG (Certified Local Government) which would open the City up to a pool of money that would help our school system, historic preservation and possibly in cultural heritage tourism.

Mr. Bryant distributed a comparison of the two proposals. Mr. Nolin said that he could incorporate the pros outlined in the historic district plan into the deed restriction plan.

Mr. Kydes said that he did not see the benefit of creating a historic district. It is an attempt to create a bureaucratic committee to gain control of that district. A deed restriction will take care of all of the rest in one fell swoop and will protect the property. This is a power struggle. He noted that if the State was going to give us funding, the members of the Historical Commission had ample time to raise the funds, and they have not done so. He said that he was looking at an organization that would potential put a burden on the tax payers for political gain. There is no valid argument that would support the creation of a historic district that would be less cumbersome and not put us in jeopardy of creating a bureaucracy.

Mr. Kydes said that this was not a public hearing and they were going against the regulations. If it was a public hearing, it is one sided . Mr. Sutton explained that in light of trying to consider the pros and cons, he invited Mr. Bryant and Mr. Nolin to the meeting.

Mr. Wagman said that as a member of the public, he was upset that the job was not done. He suggested setting a two week time limit and getting it done and to forget the nonsense.

Mr. Sutton said that the idea is to try and look at the pros and cons of each plan. Mr. Nolin brought up the issue of the deadline, and it is now clear that they need to move into an analysis of the two plans.

Ms. Wall told Mr. Kydes that the only party involved in the program is a task force of the City. She said that she encouraged Mr. Kydes to correct his statement. No outside committee is attempting to overthrow the City.

Mr. Hempstead told Mr. Kydes that he was late for the meeting and explained that the Chair had invited members of the study group to present their sides.

Mr. Hempstead asked Mr. Bryant to research what could be modified in the proposal.

Mr. Poruban said that Mr. Kydes raised a valid question. He asked if the Grants Coordinator for the City could identify grants that could be received if they become a historic district, and wouldn’t otherwise be available.

Mr. Kydes said that he would stand behind his comment that there is not equal representation at this meeting. Mr. Sutton said that the people invited to the meeting had expertise about an historic district. He said that he is trying to get information about both plans.

The Committee discussed various aspects of each of the plans. Mr. Nolin suggested that each member create a list of pros and cons. The list will be submitted to Mr. Lo.

Mr. Hempstead asked the Law Department to review the document because thee are areas that conflict with the State statute on Planning and Zoning.

ADJOURNMENT

There was no further business and the meeting was unanimously adjourned at 9:40 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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