Freedom of Information Complaint Filed On Costco’s Branford Plan

BRANFORD, CT - A leading proponent for bringing Costco to Branford has filed a formal complaint with the Freedom of Information (FOI), claiming the town used “fraudulent actions” when reviewing the rejected application to bring a store to town.

Wayne Cooke, whose family owned the property the chain store wanted to develop the property on, has filed the complaint.

Cooke’s FOI complaint claims the town withheld from the public the results of the town’s investigation into actions during the Costco review process.

His complaint further states: “We consider the Town’s claims that an alleged “memorandum” is actually an attorney’s “draft”--and therefore excluded from FOIA provisions--to be disingenuous and evasive and simply a means to conceal information that citizens have a right to know.

“In addition, the Town’s position that such a “draft” falls under attorney-client privilege is entirely unfounded, given that a report performed by an attorney to directly address community concerns of fraud by town officials, independent peer reviewers, and other parties—as well as within a town-controlled regulatory process--is public and non-confidential information and therefore exempt from attorney-client protection.

“Furthermore, as stated by the first selectman, this particular investigation into fraudulent behavior by public officials was promised to “assure an open and fair process”:

“We are currently engaged in a careful review of the issues and information raised in the recent press report regarding the conduct of certain individuals involved in the Costco wetlands application process. I want to assure the citizens of Branford that we intend to take every appropriate and necessary step in response to the facts to assure an open and fair process for all applicants, interveners, and the taxpayers of our Town.”

If assuring “an open and fair process” was the Town’s honest intent, why is it now hiding the one document that would explain to the community if fraud did or did not occur?,” Cooke asks in his FOI complaint.

His complaint further states: “We consider the Town’s claims that an alleged “memorandum” is actually an attorney’s “draft”--and therefore excluded from FOIA provisions--to be disingenuous and evasive and simply a means to conceal information that citizens have a right to know.”

Cooke recently launched a website, giving his perspective on the history of Costco’s attempt to develop in Branford.

Cooke said he created the website so that people “could see for themselves” how officials worked to keep Costco from coming to Branford.

Also, a series of “Where’s Costco” signs have been placed by Cooke all over Branford, most near where the development has been proposed.

The conceptual plans for Costco submitted years ago called for developing about 44 acres of land between Route 1 and East Industrial Road off I-95. The proposal includes five properties.

Plans called for a 158,070 square-foot Costco warehouse on about 22 acres owned by Cooke and the Cooke family. Six commercial buildings were slated for construction on 16.5 acres owned by Charles E. Weber Jr. and Al Secondino. One building was proposed on a 1.73 acre site owned trustee Peter G. Mandragouras. Other property owners are involved in the PDD.

Costco announced in February 2017 that it was no longer interested in Branford.

Cooke’s website introduction says this:

“During the Costco Inland Wetlands approval process, Inland Wetlands department director Diana Ross; Commission chairman, Daniel Shapiro; and peer reviewers Milone and MacBroom colluded to insert the objections of BCRD–a group formed to fight the project–into the peer reviewbyy in order to deny Costco’s approval and ensure that the decision would hold up in court.

Cooke presents the following timeline of events, in his words, on his website:

An Overview:

The following outline presents an overview of the corruption and fraud committed by Branford town officials and the independent peer review firm during the Costco inland wetlands application:

After a six-year public battle, the Town of Branford settles a civil xrights lawsuit with citizen vWayne Cooke over property rights violations and discriminatory taxation by First Selectman Anthony DaRos. Cited in the suit were DaRos’ actions to illegally steer development–specifically Costco—away from the Cooke property in retaliation for Cooke’s criticism of DaRos’ administration.

With DaRos not seeking reelection, James Cosgrove is elected first selectman largely on his campaign promise to bring Costco to the Exit 56 area where the Cooke property is located.

After several months of presentations and public hearings, the Branford Planning & Zoning Commission approves the Costco master plan on the Cooke property by a 3-2 vote. The two dissenting votes, John Lust and Joseph Chadwick are DaRos loyalists.

Costco applies for Inland Wetlands Commission approval.

The Inland Wetlands Commission selects the engineering firm of Milone & MacBroom to conduct the independent peer review of Costco’s application.

Branford Citizens for Responsible Development (BCRD), a group formed to fight Costco on the Cooke property and headed by Penny Bellamy–DaRos’ former campaign manager, town attorney, and political advisor–files with the IWC for intervener status.

Public hearings open and are conducted over the next two months, during which Costco testifies that any attempt to reduce the size of the store will kill the project. BCRD members—armed with that knowledge– repeatedly make the case to the Commission for a reduction in project size.

An investigation by The Branford Seven reveals that Inland Wetlands department director Diana Ross; Inland Wetlands Commission chairman, Daniel Shapiro; and peer reviewers Milone and MacBroom conspired to insert the objections of BCRD into the peer review. The evidence shows the purpose of this conspiracy was to deny Costco’s approval and ensure that the decision would hold up in court. A detailed account of these events appears in The Branford Seven under the headline:,“Corruption, Collusion, and Lies Mar Inland Wetlands Peer Reviewer in Costco Application.”

Calling the revelations of wetlands corruption and fraud “stunning”, “highly prejudicial”, and “unfair”, Costco withdraws its application. The next day, Cosgrove promises a full investigation.

At a selectmen’s meeting, Cosgrove is asked about the status of the investigation and responds that he cannot speak about personnel matters or release information that could put the town at risk. As of this writing, no report has ever been released by the Town, and Diana Ross—the central figure in the fraud and corruption—remains director of the Inland Wetlands Department.

With no public comment provided by Costco since withdrawing its wetlands application several months earlier, a letter is sent by Costco to Cosgrove stating Costco will not be continuing its efforts to place a store “on the Cooke property”. The letter is the standard form letter sent by Costco when withdrawing from a project, and no further explanation is given.

Since Costco’s withdrawl, however, a number of emails and other statements provide confirmation of Costco’s reasons for leaving. All of these echo their sentiment, expressed at meetings between landowners and Costco representatives, that Costco will not return because, in their words, the Branford wetlands process remains “corrupt”–a fact evidenced, as one Costco official put it, ”because Diana Ross is still there.”

The words and allegations concerning developments about the Costco project, again, are Cooke’s.

The website lists other developments, news articles and more about the Costco plan - again from Cooke’s perspective.

The website can be seen here: https://branfordfraud.com/

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Photo by Jack Kramer