CT Post Mall Sues Milford Over Rejecting Redevelopment Plans

MILFORD, CT — The city of Milford and it's No. 1 taxpayer are now embroiled in a legal dispute after the Planning and Zoning Board voted for the second time in October 2021 to deny the Connecticut Post Mall's bid to redevelop the mall.

In late 2021, the owners of the Connecticut Post Mall, which is the state's largest mall, filed a lawsuit against the city of Milford claiming that the most recent denial was done "illegally, arbitrarily and in abuse of its discretion..."

"The Board's deliberations reflect that the Denial was not based upon substantial evidence. Instead, the discussion focused on the members' dislike for residential uses at the Property - in apparent disregard of the fact that such a use is already permitted in the SCDD Zone - and a general disbelief about the success of such a community," the lawsuit claims.

Here's what mall officials had planned as part of a significant redevelopment

Mall owners wanted approval for a zone change that would have allowed for up to 300 apartments and a multiphased development. A portion of the project would have included eliminating a portion of the mall.

Mall officials had previously stated that the proposed development would include a plaza design that would be the new anchor for a modern park-like setting activated by music, art-walks, performances, and other attractions drawn from the local arts and educational community.

Mall officials said the goal would also be to attract office, research, and medical uses in addition to the retail and restaurants currently there.

It's no secret that malls and retail in general have been in a steady decline for several years due to the rise of online shopping. Numerous retailers have departed the mall over the years and more exits are expected over time.

Mall officials have said redeveloping the mall, which would allow for apartments, is integral to its long-term survival.

Other claims in the lawsuit by mall owners

In 2020, the city rejected the mall's first plans to construct apartments on the mall property at 1201 Boston Post Road. After the first denial, "representatives from CT Post met with City officials and Board staff to discuss the goals and concepts that should be addressed to achieve the City's goals with respect to the modernization of the Property," according to the lawsuit.

"As a result of these discussions, CT Post developed additional concept plans and renderings for the Property that drew on the 2020 Application and responded to comments made by the City and the Board," the lawsuit states.

"At the request of the Board and its staff, CT Post representatives presented these updates and discussed its long-term goals and challenges with the Property to the Board's Plan of
Conservation and Development ("POCD") Subcommittee over the course of three meetings in
Spring 2021," according to the lawsuit.

Mall officials said in the court filing that they received "positive feedback" from the subcommittee and went even further to address some issues raised, which included a "requirement that residential uses be located in mixed-use buildings; inclusion of a public plaza area proximate to the existing mall and any future residential development; incorporation of sustainability principles such as use of recycled/renewable materials; and design considerations to ensure high-quality architecture and finishes."

After a public hearing, mall officials said in the lawsuit that they offered additional changes on behalf of the city's feedback, including a "requirement that not less than five percent (5%) of the residential units be dedicated to affordable housing; a minimum plaza size of 35,000 square feet; and incorporation of all staff comments to further clarify the proposed language."

Mall officials also noted that only one person spoke during the public hearing.