No Deals with the Devil

Recent changes to the site plan for the proposed development on the Suez/United Water property deserve to be examined very closely. When the development of this property was first discussed at a public meeting in April 2011, the plans were not that different from the "new" plan discussed at the May 14, 2013 Board of Adjustment meeting. Two years ago, this community was up in arms at the thought that this last undeveloped parcel in New MIlford would become a supermarket and a strip mall, even though the developer was "kind" enough to offer a small parcel of land to New Milford to be used as a field and for school parking. The community was adamant then that this was not acceptable. New Milford was already deficient in acreage for parks and recreational space and the community wanted this land for that purpose. Indeed, the New Milford Board of Education had been in contact with United Water since 2009 in trying to obtain this land as a joint venture between the schools, the borough, the state and United Water. There was even a proposal drafted outlining the plan for a "21st Century Partnership." This proposal included a "green" (no artificial turf) athletic complex that included a field, a track, a field house and bleachers; a community center; an institute for environmental studies; parkland; outdoor laboratory; and a sculpture garden. 

In January of 2011, Superintendent Polizzi, on behalf of the NM BOE, sent a letter to all sitting members of the New Milford Mayor & Council. He reiterated the school district's ongoing interest in the United Water property. in it he said "the Borough cannot afford not to maintain control of the property….The property is too valuable an asset to the community …to let that happen." But the Mayor & Council did not act to secure the property which led us to the April 2011 meeting when Hekemian first outlined their plans to destroy the last remaining site in New Milford that could become the recreational and park land that we so desperately need.

Fast forward to September of 2011 when again Mr. Polizzi has written a letter to the M&C. This time it is right after Hurricane Irene has devastated our little town. in it he says: "Given the last round of flooding of the NMHS football field, New Milford School District Administration and Board of Education oppose development of the United Water property….without reserving a portion large enough to support the creation of an athletic complex for residential and school use. It should be abundantly clear that a portion of this land must also be preserved for conservation purposes to include recreation and parks." It goes on to say that eminent domain should be considered in acquiring this property since "school and community need should supercede any and all profit motives associated with development of the United Water property….This is one of those forever decisions guaranteed to have an effect on New Milford for many, many generations to come."

All was quiet until February of 2012 when the Zoning Board began to hear the application. But it was different than the one outlined in April 2011. Now instead of any land being "gifted" to the borough for a field or school parking, there were to be 221 apartments (40 that would be for low and moderate income tenants) and a 4 story parking garage instead. Hekemian realized that after the community reaction to the first proposal that we were ready to fight. They knew that their first proposal did not stand a chance of passing and would be met with a similar fate if it went to court. By introducing 40 reduced rate apartments, they could claim that the entire development was now "inherently beneficial."This was their ace in the hole for when the application was denied by the zoning board and they went to court on appeal. They did not count on this community to be so effective with their questioning of the engineer concerning flood control. Hekemian retreated and came back with new plans that reduced the apartment complex to 24 units (all for low/moderate income tenants), no parking garage, and a flood storage basin. Those apartments are there not out of concern for those of reduced means: they are there for only one reason and that is to cram this development down our throats by classifying the entire development as "inherently beneficial."

In March of 2013, the BOE had Mr. Polizzi send a letter to the Zoning Board for the first time. He again explained that the school district was not in favor of developing this property. In addition to needing that land for school and community purposes, he also went on to cite the hazards to the students due to the traffic the supermarket would generate and the concerns of providing for more students in a district already overcrowded. That's right: this letter was sent to the Zoning Board in mid-March and here we are today just learning that on Monday, May 13, just two months later, the New Milford Board of Education had entered into an agreement with Hekemian. They were on board with this development since now Hekemian was going to give them 3 acres for a field and a "sizable monetary donation" to help make this land into a usable field. As Mrs. DeBari said at the 5/14 Zoning Board meeting, "What happened to your concerns about the traffic hazards? Is it OK now that you're getting a field? This was all about the field from the beginning, wasn't it?" Indeed, what about the need for a piece of land big enough to house the track too? And what about the need to conserve land for recreation and parks as cited in the letter from September of 2011?

This "deal" stinks to high heaven. This community has been fighting for this land for a year and a half. We have been fighting not for a 3 acre parcel but for the entire 13 acres. Many in this community do not see the need to make deals with the devil. We are confident that this entire development has so many negative impacts that the both the zoning board and the courts will agree with us. SOD is sponsoring a meeting on Tuesday, May 21 at 7 PM at the Senior Center at 275 River Road. ALL interested parties are invited to attend to hear how we proceed from here. This is an issue that affects all of New Milford. Please join us to save our town.

Lori Barton