State: New Hartford panel can’t approve business park plans

By ELIZABETH COOPER

Observer-Dispatch

Posted Jul 22, 2009 @ 04:03 PM

Last update Jul 22, 2009 @ 07:46 PM

NEW HARTFORD —

The already built and occupied $25 million Hartford Financial Services Building may have to go through a planning review process a second time.

At least that's what a non-binding opinion from the state Department of State says.

The opinion, dated July 17, responded to queries by town Planning Board Chairman Jerome Donovan about a staff panel set up to review plans within the New Hartford Business Park.

Questions have swirled about the park since revelations a month ago that The Hartford building was outside the boundaries of the panel's domain, as set up in a 1999 town law.

“If improper review procedures were followed in the situation as you describe, there is enough basis in law to subject the property owners to proper review procedures,” Senior Attorney Natasha Phillip wrote to Donovan. “Steps should also be taken to ensure that future developments in the town are subject to proper developmental review procedures.”

The opinion was discussed Wednesday at a meeting of the Business Park District Panel.
Business Park developer Larry Adler, who attended the meeting, said he was mulling whether to initiate such a review himself.

“I'm just getting this letter today,” he said, adding that he would confer with others involved in the project before making a decision.

Properties outside the panel's boundaries aren't the only subject in the opinion.

The Department of State opinion concluded that the 1999 law creating the panel and delineating the boundaries of the Business Park had not officially take away the Planning Board's responsibility to do site plan reviews in the park.

Not only should the Planning Board have reviewed The Hartford, Phillip said, but it should be involved in reviewing any project proposed within the Business Park's boundaries as well.

“It did not expressly remove the Planning Board from site plan review and approval of projects in the Business Park,” Donovan said, paraphrasing Phillip. “Dual reviews - Planning Board & Business Park Review Panel - are required, as the Planning Board was not expressly removed for Business Park District site plan review.”

After receiving the Department of State opinion, Donovan wrote Adler advising him that all future projects would be subject to Planning Board review, as well as a review by the panel, he said.

Two new buildings - a Hampton Inn and Suites and an office building for Costello Eye Physicians and Surgeons - now are under review for the park. Like The Hartford, the hotel and part of the Costello complex are outside the panel's official domain.

Adler said the confusion had been “frustrating,” but that he believed any errors made were honest mistakes.

“I think it's a positive step, because it will bring more clarity to the process for all involved,” he said.

Asked if that meant the panel should be abolished, Donovan said that might be the case.

“From what I see, it's not needed,” he said. “It's redundant.”

Town Supervisor Earle Reed could not be reached Wednesday, but Republican Councilwoman Christine Krupa said she thought no matter what happens, the Planning Board should be involved in all future reviews at the Business Park.

“As for The Hartford and should we revisit it,” she said, “I don't see how it would hurt.”