Whats so special about Bennett's Pond?
The Bennett's Pond property is a square mile of woods, wetlands, pond and steep ledge just west of Route 7, situated on both sides of Bennett's Farm Road. The property borders both Pine Mountain Town Park and Wooster Mountain State Park and is a habitat for wildlife of all types, particularly birds. Its sizable pond is in the headwaters of the Saugatuck River, the primary source of the Bridgeport Hydraulic Companys main
system, which supplies drinking water to more than 350,000 people.
What is the development plan for Bennett's Pond?
The Bennett's Pond property was purchased in 1998 by Eureka V LLC, a partnership of major New York City and New Jersey developers. The original plan was to fill almost the entire property with homes, condos, office buildings and a hotel. As a result of public opposition, these plans have been scaled back. However, the scaled-back plan still includes 200 townhouses, 250,000 sq. ft. of office space (for about 1,100 workers) and a 250-room hotel. Institute of Transportation Engineers studies indicate a development of this size will generate more than 5,000 car trips per day.
Wouldn't development help lower my taxes?
A little -- but at what cost? The Ridgefield Finance Department estimates that if Eureka actually achieves the full build-out it envisions for 2007, the development will contribute $3.5 million toward the towns $100 million tax budget. Thus, the tax burden borne by residents and businesses would be reduced by a mere 3.5%. Against this modest relief, townspeople must weigh the high price they will pay in suburban sprawl, substantially increased traffic and environmental damage.
What is eminent domain and why use it for open space?
Eminent domain is the historic right of Connecticut communities to acquire land for all kinds of municipal purposes, including open space. In the past, towns were content to buy parkland parcels when they became available. In recent years, however, as open space has dwindled and development pressures have increased, towns like Westport and North Haven have used eminent domain to acquire desirable open spaces.
What are the petitions for?
The petitions represent Step 1 of a three-step process. If enough citizens sign one or both petitions, a Town Meeting - Step 2- will be called. If approved at the Town Meeting, Step 3 -- a referendum vote of the entire town -- will decide whether or not the north portion, the south portion or both will be acquired.
Why are there two petitions?
There is one petition to acquire the north parcel of the Bennetts Pond property (458 acres) and a second petition to acquire the south parcel (155 acres). Bennett's Farm Road forms a natural dividing line between the two parcels. The north parcel includes Bennett's Pond and most of the propertys wetlands. It is adjacent to town and state parks, and creates a broad bridge between them. If acquired, the north parcel will be designated permanent open space and become a state park. The south parcel, while steep in many areas, could accommodate a variety of active recreational and municipal uses, such as playing fields and/or a school. Because the proposed uses of the north and south parcels are different, the language used in the two petitions is also different.
But what if Im in favor of limited corporate development?
If you think some commercial development south of Bennett's Farm Road is desirable, you have two options. First, sign only the petition calling for town acquisition of the north parcel. Second, sign both petitions now, then express your approval of limited development later. How? By voting "yes" on the north parcel proposal and "no" on the south parcel proposal at the referendum vote. Signing both petitions now does not preclude you from voting "yes" for limited corporate development later!
What is the State of Connecticut's role?
Although the State does not participate directly in eminent domain actions, it has targeted the Bennett's Pond property as a priority for inclusion in the State Park system. Toward this end, the State has promised to give Ridgefield 50% of the purchase price of all lands to be set aside as state parkland, up to a maximum of $5 million.
How much will it cost to acquire the property?
According to a widely respected appraiser hired by the Town earlier this year, the north piece is worth $7.8 million. Half that amount will be reimbursed by the state, making Ridgefield's cost only $3.9 million.
The south portion is valued at $2.8 million. The Town could purchase this parcel on its own and use the land as it chooses (for playing fields, a school, active recreation, etc.). Thus, the total cost to the town for both parcels would be $6.7 million ($7.8 million for the north, plus $2.8 million for the south, minus $3.9 million in State reimbursement).
ROSA routinely includes an additional $1 million in its cost projections to cover a potentially higher judicial judgement. With this "buffer," the total cost for both portions would be $7.7 million, or $12,600 per acre. Considering the fact that Eureka paid only $8 million for the entire property in 1998 -- including 69 additional acres in Danbury that are not included in any Ridgefield action -- the firm stands to make $2.6+ million in profit on its brief investment.
What are the financial risks?
Eureka will certainly challenge the towns eminent domain action in court. State-appointed referees (usually retired judges) will look at the price paid by Eureka in 1998, professional appraisals of the property and other factors in arriving at an adjudicated final price. Ridgefield will be obliged to pay the price determined by these referees. Two recent Connecticut court cases suggest that the referees typically award an increase of 3-12% over the original price paid by a municipality in its eminent domain action.