Fwd: File No. 126-034-024A

[thomas harbinson]

Conservation Commission - 

See below email and response from the State Property Management Unit regarding right-of-way acquisition for the Botti development on Bpt Ave.  In summary, the developer has entered the Bpt Ave ROW owned by the State of CT with equipment, removed trees from the watercourse and ROW, not installed any silt detention facilities on the Bpt Ave side where this work took place, and does not in fact own the ROW property nor have approvals from the State to purchase the land (a release first has to be prepared, and the property offered to the City first as right of first refusal - see response from State in the email thread).

Additionally, I have confirmed via the State's e-file system that the developer does not have a Storm Water Construction permit from the State of CT DEEP.  <<The General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities  ("Construction Stormwater General Permit") requires developers and builders to implement a Stormwater Pollution Control Plan to prevent the movement of sediments off construction sites into nearby water bodies and to address the impacts of stormwater discharges from a project after construction is complete>>

Chairman Harger - 

I would expect that you will take into consideration the activities already occurring on this development site, done in advance of any approval formally rendered from the Planning & Zoning Commission, and bring this to the attention of the Commissioners reviewing the application #24-20 at your WedMay14 meeting.

Ron Baia -

Although you emailed me that the Inland Wetlands Commission had approved a Wetlands Permit at their April meeting, I think that should be reviewed in light of these activities referenced with the State of CT Property Management Unit.  With City offices closed Monday, and a forecast of 4 days of rain ahead, my apologies but I felt time was of the essence and contacted these state agencies.  Our Commission is just advisory, but I hope that this synopsis sheds light on aspects for the development site, and assists you in any regulatory actions you feel warranted.

Alderman Anglace and Balamaci -

This construction site is in your ward.  I have been getting questions regarding what is going on there, and so I assume you have as well.  I hope this email and the YouTube video linked within informs you regarding the construction activity being done without applications formally approved by P&Z, without Storm Water permits issued by the State of CT DEEP, and what I can only assume are activities in violation of a local Wetlands Permit.  As referenced within this message's email thread, notably the Agent for the State's Property Management Unit, some of this tree removal and earth moving is being done on State property which the developer both does not yet own, and which the Board of Alderman will have to turn down as a right of first refusal at some point in the future.  In regard to any transfer from the State, a property release for the land is not yet even drafted!  It may be a moot point, but any refusal by Shelton in the future regarding this right-of-way property purchase from the State, will require an 8-24 referral from the P&Z.

Tom Harbinson - Chairman Conservation Commission

Tel: 203SirTomH

---------- Forwarded message ---------
From: Boice, Adam F. <Adam....@ct.gov>
Date: Tue, May 13, 2025 at 7:41 AM
Subject: Re: File No. 126-034-024A
To: thomas harbinson <thomas.h...@gmail.com>

Thomas,

We have not finalized the release with Crown Point Associates yet, that is why you were unable to find anything on the land records.  Currently we had to offer the property to the City of Shelton per Sec. 3-14b of the Connecticut General Statutes.  This gives the City the right to purchase any property for the agreed upon sale price.

I am currently out sick but I hope to be back in the office tomorrow and I will try to follow up on this, I will also forward the video you sent to my supervisor showing what they are doing on the property already.

Please let me know if you have any additional comments or concerns.

Thanks,

Adam

Adam Boice

Property Agent II

Connecticut Department of Transportation

Property Management Unit

Division of Rights of Way

Phone: 860-594-2346

adam....@ct.gov

---

From: thomas harbinson <thomas.h...@gmail.com>
Sent: Monday, May 12, 2025 9:05:51 PM
To: Boice, Adam F. <Adam....@ct.gov>
Subject: File No. 126-034-024A

 

EXTERNAL EMAIL: This email originated from outside of the organization. Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Greetings Mr Boice,

I am Chairman of the City of Shelton Conservation Commission, and have an inquiry regarding the Subject referenced file in Shelton, along Bridgeport Avenue (Ct Rte 714), and the State of CT DOT sale of lands to Crown Point Associates of Shelton II LLC.

The application development file to Shelton Planning & Zoning Commission is maintained online by our Planning & Zoning Department, and shows a letter from you dated 2024Oct4 approving a release of the State land with some conditions.  My understanding is that there would be a subsequent release map prepared and filed on our City land records.

The City of Shelton City Clerk's office also maintains online records, which are updated through FriMay9 as I type this on MonMay12.  I have not seen filing of a release or a deed at our City Clerk's Office in the Land Records for the property, since the time it was purchased by Crown Point Associates of Shelton II LLC on 2024Jul10.  See below a partial screenshot of the City Clerk's Land Records results encompassing all transactions on the land records for the query term "Crown Point" since the purchase in July of last year..

My reason for interest is that there has already been significant site preparation activity on the State of CT right-of-way, particularly with tree removal in a wetlands area of the Wells Hollow Brook within the area proposed to be transferred.  This is an area of concern to the Shelton Conservation Commission due to the potential impacts on the wetlands area and degrading water quality.  The Wells Hollow Brook is a tributary to the Far Mill River which feeds into the Housatonic River and eventually Long Island Sound.

The below link is to a video I recorded on FriMay9 on the subject parcel, documenting significant activity in the wetlands corridor, which by my conclusions, is still owned by the State of Ct.

https://www.youtube.com/watch?v=cHJz-xI0LZE

Technically, the Planning & Zoning Commission has not even given approval for development of the location, though they have given a positive consensus and asked for a Resolution to be drafted for their Commission's Review and possible action.  (To be taken up at their Monthly meeting on WedMay14, see below agenda excerpt).



I did leave a message regarding this subject at your office phone listed in the 2024Oct4 letter.  I hope that I can receive an update regarding the status of the release of State land.

Sincerely - 

Tom Harbinson

Tel: 203SirTomH