Malloy proposes transit authority for train station projects [Connecticut Post]

March 18, 2015

HARTFORD — A plan by Gov. Dannel P. Malloy to create a statewide transit authority to oversee development of train stations is drawing opposition from officials and advocates worried about losing local control.

“Were Dannel Malloy still mayor of Stamford, he would scream bloody murder if a bill like this was introduced in Hartford,” said James Cameron, founder of the Commuter Action Group.

“As governor, he seems to have no qualms at telling 169 towns and cities he knows best, that Hartford will determine if skyscrapers built by private developers should be plopped down in your town and mine,” Cameron said.

Malloy is backing a bill now before the General Assembly that would create the Connecticut Transit Corridor Development Authority, a quasi-state agency charged with redeveloping existing train stations and building new ones, such as a second station proposed for Bridgeport.

The transit authority could use eminent domain to seize property within a half-mile of a train station, sell bonds to finance a project, enter into agreements for management and work to create new office and retail space, parking garages and cultural attractions.

The authority would have an 11-member board appointed by the governor, the General Assembly’s leadership and select state agency commissioners. The mayor or first selectman in a city where a project was underway would serve as a non-voting officer.

But the specter of state government running a train station project — and handing another state agency eminent domain power — has some local officials up in arms.

“This bill strips local elected officials of the powers vested in them and transfers those powers to a board of political appointees who have no responsibility to act on behalf of local residents,” said state Rep. Gail Lavielle, R-Wilton.

“Local residents completely lose their voice in planning, zoning and development decisions for their towns,” said Lavielle, who has labeled the bill “eminent domain on steroids.”

The bill would challenge home rule, said state Sen. Jonathan Steinberg, D-Westport.

“The actual consequences of the bill as written would really change the entire nature of local control over commercial — and just general — development,” Steinberg said. “Most of our municipalities have been working for decades to come up with sensible development plans. They don’t need to have all those efforts swept aside by the state’s desire to broadly recast the state’s entire infrastructure.”

Out of the loop

Stamford Mayor David Martin said the city had been left out of the loop regarding the legislation, and has raised concerns.

“We really were not briefed or consulted before that proposal went forward, and we really have not gotten a clear understanding of what the proposal is and how it’s supposed to function,” Martin said.

Malloy has already ruffled Stamford officials, who are upset at the slow pace of negotiations with the state over a major redevelopment of the city’s transportation center.

The governor has also drawn criticism over $145,000 in donations to the state Democratic Party by the developer of the Stamford project. Those donations came in as the company was being selected by the state.

Martin said the bill might also affect sections of the city along the New Canaan Branch of Metro-North, in the Springdale and Glenbrook neighborhoods.

“We are going to have to have a better understanding before we reach any conclusions on that particular bill,” Martin said. “We haven’t had time to understand the full ramifications of the proposal.”

Nothing to fear

Mark Bergman, a spokesman for Malloy, said fears of losing local control are unfounded.

“The legislation requires the authority to abide by local zoning on non-state property,” Bergman said.

“We are continuing to work with local leaders and other stakeholders to ensure the final legislation has enough municipal input regarding transit development decisions. The intent is to work in concert with local leaders on transit oriented development, not in conflict.”

“The eminent domain authority wouldn’t be any different than what the (state Department of Transportation) currently has,” he noted.

Other state officials said the proposed transit authority, or CTCDA, represents a proven way to build new train stations and redevelop existing ones.

“The CTCDA will not be an entity that will act on its own, but will coordinate with the municipalities within which the development occurs,” said Gian-Carl Casa, undersecretary for legislative affairs for the state Office of Policy and Management.

“This bill presents an opportunity for Connecticut to put into action its long discussions about “smart growth” type development,” Casa recently told the General Assembly’s Planning and Development Committee.

Catherine Smith, commissioner of the state Department of Economic and Community Development, told the General Assembly’s Planning and Development Committee the authority is an important economic development tool.

“The authority’s focus will be on working with municipalities, regional organizations and state agencies to concentrate parking, housing, cultural and commercial development near transit stops to improve the quality of life and economies of towns and cities,” Smith said.

Bridgeport Mayor Bill Finch said he supports the initiative and welcomes Malloy’s embrace of transportation-related improvements.

“We welcome all of the reforms,” Finch said. “Transit development is the way to grow the cities. We have a strong relationship with this administration. Our projects get better with administration help.”

Losing control

Opponents say Malloy’s bill would strip local officials of their ability to control a train station project, whether through zoning and planning boards or their own legislative body.

“Your favorite coffee shop across from your Metro-North stop could be torn down and replaced with offices,” Cameron said.

“Parking lots could be enlarged with fees set by the (DOT), not the towns where the lots reside. If the state wants to erect a building taller than local zoning laws allow, too bad, they can and will,” Cameron said.

State Rep. Livvy Floren, R-Greenwich, said cities and towns need to be a major part of decisions regarding train stations.

“Just conceptually, I don’t like taking a political panel to settle matters like that,” Floren said.

“If it goes forward, it has to be done with great caution and a lot of deliberation and a lot more discussion,” said Floren, who conceded she had not yet developed an opinion on whether the proposal would usurp power from cities and towns.

State Sen. Scott Frantz, R-Greenwich, said a transit authority is unnecessary and pointed out the state DOT already provides the same function as the proposed authority.

“Eminent domain has been onerous, it’s been misused in the state of Connecticut before and I’d hate to see it misused again,” said Frantz. “There has to be an incredibly high threshold to get to that.”

“This could give the authority dominion over large swaths of communities,” added Randy Collins, a legislative associate with the Connecticut Conference of Municipalities. “These serious concerns must be thoroughly examined and addressed before this proposal goes further.”