Groton Open Space Association

Murphy Rebuke Of Engineer Termed Heavy-Handed, Paranoid

GROTON — A harsh letter of rejection sent by Planning Director Michael J. Murphy to an engineer who asked to present information to Groton land-use agencies on low-impact development came in for criticism at the April 28, 2009, Planning Commission meeting.

Commissioner Peter Roper called the letter’s tone “heavy-handed and paranoid” and said commissioners should be allowed access to information that could be of use in making decisions.

Mr. Murphy’s letter of April 1 was addressed to Steven Trinkaus, of Trinkaus Engineering LLC, Southbury. Mr. Trinkaus has appeared as a paid consultant for GOSA in land-use hearings concerning the proposed Mystic Woods active senior housing development on Fort Hill and for interveners opposing a proposed Wal-Mart Supercenter on Route 184.

GOSA currently is appealing the Zoning Commission’s approval of Mystic Woods to the Superior Court. The developer that had planned to build the Wal-Mart facility has dropped out of the project.

Mr. Murphy said Mr. Trinkaus appeared “to be seeking some special status and unique opportunity to influence the decision of these commissions… It is unclear if you are seeking that unique opportunity as a means of developing new clients (i.e. Town land use agencies) or as a means of furthering the objectives of existing clients who have been active in Town land use matters.”

Mr. Trinkaus’s approach to the Groton Planning Commission on low-impact development was independent of GOSA.

The planning director said Mr. Trinkaus’s efforts “raise serious issues, including questions of legal propriety and professional ethics.” He said that Groton “land use commissions do not directly retain professional consultants, nor do they manage consulting contracts. These matters are administered by the Town’s professional planning staff under my direction…”

Mr. Murphy’s apparent implication of sole authority in the matter of consultants was based, he said, on the “Town Charter and its governmental framework.” However, Town Ordinance 194 gives commissions the right to order the hiring of consultants if they feel a land-use application is “complex.” The wording of the ordinance appears to confer this right whether or not town staff agrees that an application is complex.

With regard to the educational appearance before commissions of specialists with business interests, it should be noted that on January 3, 2007, two attorneys from the firm of Robinson & Cole appeared before the Zoning Commission to present information on mixed-use zoning. The attorneys, Timothy Bates and Robert Sitkowski, said they represented clients contemplating mixed-use developments in Groton.

On Nov. 7, 2007, the Zoning Commission, reversing its earlier rejection, approved a regulation amendment to allow creation of mixed-used zones in four areas of town. The reversal came after Mr. Bates threatened to appeal the rejection, which had occurred Oct. 3, 2007. Grounds for an appeal would have been the assertion that an alternate member who cast an opposing vote had been improperly designated to vote when another alternate member showed up late for the Oct. 3 meeting.

At the April 28 Planning Commission meeting, Mr. Roper said he felt that Mr. Trinkaus should be allowed to provide “generic information” on low-impact development, and he expressed worry that Mr. Murphy’s harsh rejection of Mr. Trinkaus could discourage educational information flows from others.

Matthew Davis, planning manager, said the continuing litigation over Mystic Woods makes it “inappropriate” for Mr. Trinkaus to appear at this time. Mr. Davis said Mr. Murphy was unable to attend the April 28 meeting because he was attending a conference.

James Sherrard, Planning Commission chairman, said, “If we feel we need more of a tutorial on something, I wouldn’t hesitate to ask.”