Developer Jim Sanders Says City Hall “Gag Order” Violates Property Rights
By John McNamara
NEW BRITAIN – The Attorney for Chamberlain Square LLC and its owner, James Sanders, is requesting further discussion with city officials on the “land use and economic development merits” of a proposed mixed use development at 600 East Street and an adjacent lot.
In a June 21st letter Attorney James Hollister of Hinckley Allen informed City Attorney John Diakun that “there is no pending litigation” and that his client “has no intention of commencing litigation” over the eligibility of the project to proceed as a “nonconforming permitted use”
“As you know, our client James Sanders has communicated with members of the Common Council and Mayor Erin Stewart about 600 East Street. We are informed that in response, Council members have been directed, we assume by your office, that they should not discuss the matter with Sanders or anyone else due to “pending litigation.”
“First, there is no pending litigation. There has been an exchange of letters. At no time have we suggested litigation. To the contrary, we have said that we had, and have, no need to apply to the Zoning Board for a variance due to having vested non-confirming use rights. Mr. Sanders has no intention of commencing litigation. There is no basis for cutting off discussion due to pending litigation because there is none.”
At issue is Chamberlain Square LLC’s proposal to utilize 600 East Street as an Extraspace Storage facility for the building that has long been used and allowed as a warehouse and a former storage facility for New Britain-based moving companies since the 1950s. Sanders says his project “would generate an additional $220,000 in tax revenue” and when accompanied by his TOD (Transit Oriented Development) project for housing ‘could add an additional $250,000 or more” in taxable property.
“Construction should now be near completion. Unfortunately, the unnecessary and unlawful delays have put the residents on the east side on hold again,” contends Sanders, who said meetings with the Mayor’s office and building officials were positive until recently.
The dispute erupted publically on June 14th when Don Stacom’s story in The Hartford Courant (Former New Britain GOP alderman accuses city leadership of injustice, ‘blatant violation of property rights’ reported on a Sanders email appeal to Mayor Stewart and the Common Council requesting a meeting on his East Street property with the chief building official, Sergio Lupo. According to the Courant story, the city’s Corporation Counsel issued a “no comment” response and “would not answer questions” about the issue.
An April 27th letter from Sergio Lupo, the Building and Health Department Director, sparked Sanders’ public response to what he calls a “gag order” by the city administration causing further delays to his development plan.
According to the Lupo letter, the city acknowledges the building is classified as a warehouse and that a 2017 zone change to a Transit Oriented Development zone allowed the warehouse as a “legal nonconforming” use. But Lupo’s recent interpretation of zoning regulations claimed that a “self storage facility would not classify as legal non-conformity and therefore would require a variance.” According to Lupo, self storage facilities allow “unlimited public access” and are a different classification than a warehouse that “are not open to the public.” (Photo: Former Alderman Jim Sanders Of Chamberlain Square LLC)
Attorney Hollister, citing a court ruling involving the Town of Hamden, refuted Lupo’s interpretation that was not previously raised in Sanders’ discussions with the city. In the Hamden case “the judge ruled that “self storage” and “warehousing” are the same thing, and a “distinction between storage of personal items and business items is an arbitrary and meaningless one.”
Hollister concluded his opinion stating “the conversion of the property to an Extra Space Storage franchise would clearly be within the scope of the property’s nonconforming use right,”
The 600 East Street building was developed in the 1950s by conversion of the old Chamberlain Elementary School into an imposing block long structure designed for storage. More than 90% of the building is classified as a warehouse, according to property records. Sanders’ Chamberlain Square LLC purchased the building in 2008 for $850,000.
Sanders, a businessman in the city for more than 30 years, is a former Republican alderman and board of education member. While he differed with the Stewart administration in the past on fiscal policies and attempts to sell or lease city watershed assets, he and his family have been prominent in the Republican Party and supporters of Mayor Stewart through the years.
Sanders’ frustration over the impasse was evident in his email to city officials this month: “We must ask ourselves, Why? More importantly, we must ask City Hall, Why? I am asking you for your help to resolve this issue. I have served this City for over 10 years. My family has a combined 90 years of service to the City. I have had to sit in your shoes and I know how hard it is to go against the grain and do the right thing. I’m asking all of you to do the right thing in asking City Hall to follow our current zoning regulations, and put a stop to this administration’s violation of my property rights.”
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