Living in a Dream World—How Regional Developers Get Their Projects Approved in Greenwich

As you prepare for your first summer barbeque this weekend, you probably take for granted that Greenwich will remain a secure and stable refuge away from the harsh commercial intrusions of the outside world—and if you really believe that then you’re living in a dream world and you definitely haven’t been paying attention.  

Just ask our neighbors on Hemlock Drive or Oak Street, they no doubt felt safe and secluded in their quiet neighborhood, until the monstrous 650-room Tollgate facility was sprung on them. And just a few blocks away from Tollgate, the residents of the Edgewood Drive neighborhood just a month ago dodged a bullet when, challenged before the P&Z Commission, the Mercedes dealership owner decided not to double the size of their repair facility and likely snarl traffic in that peaceful community. Now, Lexus has pending before the P&Z Commission a Special Permit (an exception) request to build a 700,000 cu. ft. regional repair facility in Greenwich to service the tri-state area. Come into Greenwich everyone, to have your car repaired!

Why such expansions? Because these regional businesses know that Greenwich is at the center of one of the busiest road networks in the nation. Four major highways run through/near our Town (Route #95, the Hutch, #287, #684) and being at the center of a good road network makes regional businesses drool, easily drawing customers driving from N.J., N.Y and Fairfield into Greenwich.

The fact is that no part of Greenwich is safe from the impact of major commercial projects; and with the economy recovering commercial building permits in Greenwich have increased dramatically.  Unfortunately, history has shown that Greenwich is a relatively easy target for commercial developers.

More often than not developers win approval of their projects and here’s how they do it:

Developers are Disciplined, Focused and Resolute

If you think our Town’s Plan of Conservation and Development will protect you (which says Greenwich should be a “local” community), then you haven’t seen the army of attorneys, engineers, architects, hydrologist and traffic engineers that big business bring to bear before the Inland Waterways and Wetlands Agency and the P & Z Commission. That’s part of the reason developers often win approvals.

Developers also win approvals because they can move quickly and with force. While you’re enjoying that backyard barbecue, a motivated business owner, like a Tollgate or Lexus might be meeting with a team of skilled lawyers, and consultants (some who practice in our town), planning a major commercial expansion that you’re not likely to hear about till all the paperwork is submitted to the P & Z Commission or the IWWA. Then you and your neighbors are already behind the curve, you’re playing defense against a coordinated, focused team of experts.

“Nothing so concentrates the mind more than the prospect of being hung in a fortnight” (Sic) Ben Johnson

While the developer is focused on the next step in the Town’s approval process and answering follow up questions from Town authorities, more than likely, you and your neighbors are just trying to figure out the dimensions of the problem and get organized. Community meetings are held, citizens air their views, and perhaps an organized response to the pending development threat is crafted; but valuable time is expended and you and your neighbors need to raise money. You may not know it but you could find yourself in a financial “arms race” with well funded commercial developers. (Citizens fighting Tollgate spent six figures on attorneys and experts) Citizens can, and often do work quickly to respond to these threat but they start out by playing defense, but this isn’t the most difficult hurdle to overcome.

Isolating you and your neighborhood

“It’s just a few pesky neighbors,” that’s what the developer’s attorney would have the IWWA and P & Z Commission believe. The attorney for the commercial project often refers to the opposition as “the neighbors,” implying that a major project proposed in one part of Town is just a NIMBY issue, and will have no impact on the areas of Town. If the target community doesn’t have allies in other communities and can demonstrate town-wide support, this argument can have affect unless you have an attorney representing your group.

The Salami Approach

Developers love to expand this way. Take a look at the Mercedes dealership; occupying 4 buildings on both sides of the Post Road they have established a virtual auto dealership campus including used car, new cars, repair center, washing stations etc.; by gaining approvals one building at a time, piece by piece, slice by slice—just like a salami. Before you know it, you don’t recognize your Town and the traffic, well you already know about the traffic…

Opposition Fatigue, Developers Count on It

Most of us would rather be home, helping our kids with their homework, or travelling, or doing almost anything else than attending a IWWA or a P & Z hearing. Commercial developers on the other hand count on that, your apathy and your busy lifestyle is their best friend. That’s one of the main reasons they win zoning fights.

So enjoy that summer barbeque but as you prepare your marinated chicken breast and grilled vegetables keep in mind that the Greenwich refuge you take for granted isn’t as secure as you might presume, because in another town not far away there may be a team of hard working dedicated professionals who see Greenwich, not as a refuge but as a commercial destination to be developed. And when they have their barbeques they’ll eat steak.

(Next Time: The most effective ways to fight back?)

The Lexus Application for a regional repair facility will most likely
come before the P & Z Commission on May 1. To keep up to date
on Lexus or if you have questions or comments send an email to mmwarner@optonline.net.