February 28, 2006

One More Step for Johnson Pond

Andy Wormser of Bedford Avenue. Photo/Sharon Bass

By Sharon Bass

Moments before the Legislative Council came to order last night, Florence McBride showed off some colorful bird photos.

"I'll die if it doesn't pass," she said. "I really will."

The Woodlawn Street woman was talking about an item on the evening's agenda to approve the purchase of one of her favorite places in town: the so-called Johnson Pond at 277 Thornton St.

A bunch of like-minded neighbors joined McBride in Council Chambers, keeping their fingers crossed that their elected officials could understand how they feel about the three-plus acres of open space in the heart of Spring Glen. Its pond for skating. Its varied wildlife. And the place where McBride often goes to look at birds.

Johnson Pond last September. File photo

The item went before the Council's Planning and Development Committee.

"I'm in favor of this purchase," said Councilman Curt Leng. "It's very infrequent you get open space in southern Hamden."

"It's not just any piece of open space," said Stephen Mayer, treasurer of the Hamden Conservation Land Trust. He talked of the wildlife and how high school biology classes could use it as an outdoor lab.

The deal, said Mayor Craig Henrici hours before the meeting, is for the town to buy Johnson Pond for $270,000 and for the Hamden land trust to own it. The state would foot 65 percent of the bill; the town would put in $25,000-$30,000; the Regional Water Authority, $25,000; and the land trust, $35,000-$40,000.

The current owner, Terry Boyle, bought the property on Feb. 3, 2000, for $55,000. He put it on the market for someone to build a house on, which didn't please folks like McBride.

Though Boyle is making a pretty penny off the deal, Henrici said the important thing is "to keep that open space in perpetuity. It's well worth it." He said the closing date on the sale is scheduled for April 14.

"It's a hard piece to appraise because there's nothing comparable to it," said the mayor.

Councilwoman Kath Schomaker said the price tag is on the "seller's conscience."

"In many ways this parcel is priceless," she said, "and I'm not being flippant. The commitment by the neighbors to chip in money is a wonderful feature of this entire real-estate transaction."

So far, Mayer said, neighbors have helped the land trust raise $12,000.

Councilwoman Carol Noble asked about the insurance liability. Mayer said, "If someone were to get hurt the land trust wouldn't be as liable as the town would have been." But said he didn't know much more than that.

"Any contamination on this property?" asked Councilman Ron Gambardella.

None that Mayer was aware of. "I wouldn't be surprised if there has been some dumping, but I doubt anything toxic," he said.

According to a recent RWA assessment, the property is valued at $170,000. Council Prez Al Gorman pointed out Boyle will make a $200,000-plus profit.

"Johnson Pond is in my neighborhood," said Councilwoman Gretchen Callahan. "It's a very special place." One of the last vestiges of unspoiled land in southern Hamden.

Well, McBride didn't have to die. The committee unanimously approved the sale. On his way out, Marvin Rosenfeld, who's lived across the street from the pond for 35 years and is an avid photographer of its wildlife, said, "It's encouraging."

Next Monday at 7 p.m., the full Council will take a final vote on the fate of Johnson Pond.

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February 27, 2006

Hogan's Heroes

A tree on Hogan X'd for the ax.

People who live along scenic Hogan Road are fighting Big Development

Story and photos by Sharon Bass

The boundaries of Hamden (physical, not ethical) are on trial on Hogan Road. So is history. Or the importance thereof.

A five-house development called Blue Haven Estates is about to break ground off Hogan Road, just over the border in North Haven. Because the project is within 500 feet of the Hamden line, it needed Hamden approval, said Assistant Town Planner Dan Kops.

So last summer Jim Antanucci, the owner/developer of the subdivision, got Inland Wetlands and Watercourses Committee approval. And that's when the boundary confusion was discovered. (A message left for Antanucci was not returned.)

North Haven's approval of the subdivision requires widening part of Hogan Road -- which is off Mt. Carmel Avenue and called Brewster Lane in North Haven -- to increase the visibility or the "sight line" of the road for safety reasons.

But nobody can say which town owns a particular portion of the road needing widening. Both towns' engineers are currently scrambling to figure it out.

Boundary, Shmoundary

Drawing the line, however, will not do much for the people who live in the neighborhood on both the Hamden and North Haven sides. They say they moved there at least in part because they love narrow, bumpy Hogan, which is a designated scenic road. Developing it will draw more cars, especially from Quinnipiac, and forever destroy the natural history of the road.

Last Tuesday, they presented a petition against the widening to the Planning section of the P&Z Commission. About 31 signed and about 30 attended the meeting

"It'll make it a nice highway. Can't you just see it? Two wide sides," said Ruth Lindenfelsor, 89, who's called Hogan Road home since 1977. "And college kids going home this way. I would not like it. It's a quiet road now. I'm sitting where I can look out on the road and a car's not gone by while I'm talking to you. And it's a quiet road. We're lucky, I think."

Lindenfelsor signed the petition.

"I really don't want to see this road change. It's a beautiful road," said Donna Wade of Hogan Road. "One of the reasons we bought property here is the road. There are very few places like this. I know people say, 'What an awful road. It's so narrow.' But I love it. I love the potholes. I think widening the road and paving the road is going to bring traffic."

Wade signed the petition.

"It's just an open invitation to making cars go faster," said David Apter, who lives at the corner of Ridge Road and Ives Street in North Haven. "Brewster Lane is already wider than the Hogan Road part because [Hogan] is a scenic road. However, [Brewster is] still scenic and people walk their dogs. It feels like country even though it's been built up considerably. Part of the concern we all have is it's one of the last places not to look like a typical housing development."

Apter signed the petition.

While public comment was not allowed at the Feb. 21 meeting, Planning commissioners took the petition seriously. They denied the road-widening request because of the murkiness around the town line and the fact that Hogan is a scenic road. It also sent an unfavorable recommendation to the Legislative Council. Since it's considered a "municipal improvement," said Kops, it needs Council approval.

As well as the widening, Kops said two mature trees on the Hamden side would have to be yanked because of Blue Haven Estates. That's also raising a stir.

"When you have a scenic road you can't cut down trees," he said. "When it's designated scenic you have to get Council permission to fix a pothole. There aren't many scenic roads in Hamden."

"The commissioners seemed to have a really good grasp of what the citizens want," said an Ives Street woman who asked to be anonymous. "It's such a touchy issue. The people who want to develop it are really heavily invested into the project and here's something that could inflame things," she said explaining why she doesn't want her identity known.

"We're a little uncomfortable with the idea that somebody on the other side thinks we ran to the media. We're not against the development. We're against them cutting trees down and widening the road," the woman said. "We're concerned that Quinnipiac students will use it as a back road."

"I think you'd be inviting theft," said Lindenfelsor. "New people coming through and going faster. I wouldn't want to see two cars going 45 mph. But I won't be around to see it. I figure I'm not going to see it paved."

Not in Apter's 'hood

Apter seems to love everything about the area -- and will fight to keep it the way he found it. When he was president of the Sleeping Giant Neighborhood Association, he said, "We were particularly concerned with this area which some call the best-kept secret in this part of Connecticut."

He bought his home in 1969. The oldest part was built in 1721; the newest in 1750 or 1760, he said.

"It's a typical white clapboard Colonial house with barn and outbuilding. It's also interesting that it was built in an area that was an Indian campgrounds, because we dig up arrowheads and grinding stones and lots of oyster shells," said Apter.

On the Hamden side, he passionately pointed out, are 19th-century barns that were converted into studios for the late painter/stained glass artist John La Farge. http://www.answers.com/topic/john-lafarge

"The area itself, the woods make it pretty special. The North Haven town engineer wants to widen the road at some point 3 feet and that will in effect change the character of the place," said Apter. "People can do what they want with their land but …"

Wade said neighbors are thinking of formally uniting to fight the widening and slaughter of trees. "It depends on what happens. We may," she said.

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February 22, 2006

Who Pays What & Why

The Kicak lawsuit money trail

By Sharon Bass

At the very least, the town of Hamden would be on the hook for 25 grand if the Kicak v. Kennelly and Nolan case goes forward. And most are pretty damn sure it will.

That is the amount of the deductible the town must pay for legal representation for the two chiefs, as stated in its contract with CIRMA (Connecticut Interlocal Risk Management Agency), a nonprofit insurer formed in 1980 to exclusively cover municipalities for lawsuits, workers' comp cases, car accidents and so on.

Like an HMO's doctor list, CIRMA has an attorney list. Hugh Keefe, who is currently representing Police Chief Jack Kennelly, is not on it, said Assistant Town Attorney Michael Kamp.

Kennelly can continue to use the New Haven lawyer but has to pay all of it out of his own pocket. And he would still be represented by a CIRMA-funded lawyer who would work as a team with Keefe. Kamp said it's unclear if the town would have to foot any of the legal fees. He was also unsure of CIRMA's liability limits.

"CIRMA has a list of lawyers they use and because they could be liable for damages in a civil action they pick the attorney," said Mayor Craig Henrici.

"The town is not paying Hugh Keefe," he said. "I know Chief Kennelly is conferring with Keefe. But I would doubt very highly if he has filed an appearance in the lawsuit," which would make him the official attorney in the case. Kamp said he expects an appearance to be filed in Hartford federal court in fewer than three weeks.

Henrici said if former Police Chief Bob Nolan uses a CIRMA-approved lawyer his legal representation would be covered, because he is being sued for something that allegedly occurred during his watch. "CIRMA is obligated to defend both of them but they will need different lawyers because there's a possibility that their interests would be different" in the case, the mayor said.

Kicak is responsible for his own legal fees, said Kamp. If he prevails in the case -- Kicak alleges that Kennelly and Nolan blocked him from getting promotions in retaliation for a 2002 incident -- Kamp said Kicak would likely try to recover his attorney fees and back wages from when he thinks he should have been promoted. The lawyer said CIRMA would determine whether Kicak is entitled to the money and, if so, the town would likely be held responsible.

If Kicak wins punitive damages, however, Kennelly and/or Nolan are on the hook.

Asked why the two cops are named in the Feb. 14 lawsuit instead of the town, the mayor said, "It's a legal question and I don't want to comment on that."

 

Nothing like Ambrogio

"This is a completely different set of circumstances than we had in the late '80s as far as the town's exposure for payment of attorney's fees," said Henrici, making an obvious reference to the Police Chief Jack Ambrogio case.

"You cannot compare this case to the Ambrogio lawsuit. It's unfair," said Kamp. "The town wound up paying a lot of money [in the Ambrogio case]. It's not even appropriate to discuss both of those cases in the same conversation."

"I agree on that completely," said John Carusone, who was mayor from 1987-1991. "The Ambrogio case was based on facts and the facts were on my side."

In 1989, Mayor Carusone suspended Ambrogio with pay for reprimands, alleged wiretapping and other violations. At the 1991 trial, he said Ambrogio had 21 charges -- and he won. The town paid for its defense and Ambrogio paid his own legal bill, said Carusone.

One year later, Ambrogio unsuccessfully sued Carusone saying his rights were violated when he was suspended, and his reputation was damaged. The town took care of Carusone's legal fees even though he was no longer in office. "When a mayor is sued for something he's done during his term the town is responsible," he said.

Though Ambrogio lost the case, Carusone said the town paid him over $100,000 "because he had agreed not to appeal the decision." Hugh Keefe was Ambrogio's lawyer in both cases.

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February 18, 2006

Union News

UPSEU and AFSCME continue to duke it out for Hamden

By Sharon Bass

The ongoing war between two unions for town workers saw another battle yesterday when they met with state and town officials in Government Center.

Wayne Gilbert of UPSEU (United Public Service Employees Union) has his eye on AFSCME's (American Federation of State, County, and Municipal Employees) Local 818, comprised of 29 supervisors. He came to the meeting -- intended only to collect information -- armed with enough authorization cards to force an election. He needed 30 percent of the members to sign on.

Gilbert maintained there is a window for an election because 818's contract expired on June 30, 2003, and said there have been no meetings.

Kevin Murphy of AFSCME disagreed. He said there have been meetings and objected to an election. "I think the petition filed by UPSEU is a distraction to the collective bargaining practice," said Murphy, calling Gilbert's petition frivolous.

It will be up to the state Labor Relations Board to determine whether an election can be held, said spokeswoman Nancy Steffens. A written decision is expected in about two weeks.

"We don't believe the window is open," said Murphy. "They had enough cards. But based on the state statutes, we are in binding arbitration which closes the window."

"Catch this," said Gilbert. "What [Murphy] didn't say is he filed for binding arb last April and they haven't had even one meeting. Hello?" Murphy said there have been several.

Gilbert is betting he'll win this battle. Murphy doesn't think he has much of a fighting chance.

"If ASFCME weren't afraid of losing the election they would let it go forward," said Gilbert.

"He likes to spotlight" his name, said Murphy, who said he doubts the state will allow an election.

Also ...

The dispute between the Board of Education and UPSEU over 26 part-time paraprofessionals came to an end this week with the union prevailing. Though the school workers voted last August to join up, the BOE fought their decision.

The Board hired the Milford law firm of Bercham, Moses and Devlin to argue its case, claiming there was no window last August for UPSEU to hold an election. However, another union would have been allowed to solicit the part-time employees, said Gilbert.

"For them to spend thousands of dollars to say these people had the right to organize with any other union but not UPSEU" was a waste of the taxpayers' money, he said.

Neither Superintendent Alida Begina nor Assistant Superintendent Hamlet Hernandez returned messages seeking comment.

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February 16, 2006

Will it Fly?

Mark and Guy Guarino in front of the parking lot slated for a helicopter pad.

Brothers in the sound business balk about a planned heliport

By Sharon Bass

Businessman Michael Belfonti is putting a heliport on top of his parking lot at Hamden Center One. It's for his personal use and will be the town's first.

Tuesday evening, the Planning and Zoning Commission voted unanimously to allow Belfonti to run the heliport -- but for just one year. Then it will be reviewed.

"It's a little complicated because they rewrote zoning regulations to allow it and part of their regulations require that police and fire have access to it in case of an emergency," said Holly Masi of the Planning Department. Hamden doesn't own a helicopter.

Another part of the deal is Belfonti is limited to five trips per month, however nobody can say if that means five roundtrips or five one-ways -- and to at least one neighboring business, that makes a difference.

"It's real simple," said Guy Guarino who owns Guymark Studios with his brother Mark. "The noise is going to disrupt our business. It will cost us more money if we have to retake video and sound." Their building at 3019 Dixwell Ave. is about 250 feet away from the Hamden Center parking lot.

"P&Z doesn't care about the little guy, " said Mark Guarino. And it's tough to fight the big guys.

"It was never defined what five means. I know that doesn't make any sense," Masi said of the murky language. "But I think the commission is thinking five landings."

"To be honest we debated that very question during the meeting. We left it vague. We simply said five trips," said P&Z Chair Joe McDonagh. "We couldn't come to an agreement as a commission." He said he interprets it as five landings.

However, Belfonti's lawyer Carl Porto Sr. is thinking 10 landings. Although he's not sure either -- and he wrote the zoning reg.

"As far as I understand it will permit five trips a month, which I would presume would be roundtrips or 10 landings," said Porto, whose law office is located in Hamden Center One at 2319 Whitney Ave. "This would only be used in unusual circumstances. If Mr. Belfonti needs to get to someplace fast. It's certainly not his intention to use this as a usual mode of transportation."

McDonagh said the commission is aware there are concerns -- not just from the Guarinos -- and asked to receive "copies of all complaints." He said the helicopters will travel along the Wilbur Cross Parkway, which could annoy property owners to the south.

"The homeowners were not notified of the heliport because they're not abutting landowners. It's a new thing for us," the chair said. "We had expert testimony saying most people will not even notice it."

The Zoning Commission approved Porto's regulation last September. "There literally was no zoning regulation that would permit a heliport in Hamden. We had to create a separate section of the zoning regulation," the attorney said. "All they're going to do is close off part of the parking garage and paint some graphics on the cement to indicate where the helicopter will land."

Belfonti could not be reached for comment.

Mark Guarino spoke against the heliport at Tuesday's meeting.

"My building is the closest building to the helipad. They had an expert there [at the meeting] who painted a very rosy picture of it and how it will benefit the community. But it's a private helipad. It's another toy for the police and fire to play with," he said. "I have a sound-sensitive business."

The brothers also claim the town didn't inform them of Tuesday's P&Z meeting or the public hearing last September when the zoning reg was voted on. Guy Guarino said a neighbor told them about this week's meeting.

Their father, Anthony Guarino, opened the studio in 1949 naming it Sleeping Giant Films. In 1982, the brothers bought the biz and a few years later changed the name. Their mother runs the front office.

"I would love to do something about [the heliport]," Mark Guarino said. "Problem is it's now zoned for that use. I've spoken to two attorneys and they said you're wasting your time."

Masi said the heliport was strongly endorsed by both Police Chief Jack Kennelly and Fire Chief Jim Leddy.

McDonagh said Porto will probably be asked to come before the commission again to define what five trips mean.

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February 15, 2006