Judge sets date to hear motion related to axe factory site plan appeal

By John Fitts

Staff Writer

CANTON ­– A Superior Court judge has set April 10, 2025, as the date for oral arguments related to a motion to dismiss an appeal of an approved site plan for the historic axe factory property in Collinsville.

On Oct. 16, the Canton Planning and Zoning Commission approved Collinsville Redevelopment Company’s site plan application for the 19.3-acre complex, which is currently the site of nearly 50 businesses and from 1826 to 1966, was home to world renowned edge tool manufacturer, The Collins Co.

Lisa and Merritt Tilney, principals at Collinsville Redevelopment Company and daughters of complex owner “Rusty” Tilney, are looking to remediate the site, update its infrastructure, raze some dilapidated structures, renovate some 20 buildings, and construct three new structures in a mixed-use plan that includes uses such as light industrial, retail, office and as many as 290 housing units. It would be a years-long process with many steps remaining.

Tyler J. Nye of Scranton, Pennsylvania and owner of record for 15-17 Spring St., in Collinsville, subsequently filed a “verified complaint and appeal” of the commission’s Oct. 16 decision, contending it “was illegal, arbitrary, and/or capricious, and an abuse of the discretion vested in it.” The paperwork contends the approval was done for the financial benefit of the developer, did not consider the historic nature of the I-H1 district zoning that governs the property, would impact the floodplain portion of wetlands, presents “the very real danger of diminished water quality” from oil and gas needed for “heavy equipment,” and more.  

The development team painted a much different picture on the evening of Oct. 16, stating that the site plan conformed completely with town regulations and that the initiative was designed to enhance the village, not detract from it.

“Collinsville is already completely amazing,” Lisa Tilney said that evening. “There’s this idiosyncratic, kind of organic growth over 140 years – the factory - and you can’t build that from scratch. So, I think Merritt and I feel that one of our primary goals is to preserve and enhance what’s already extraordinary on site.”

The commission heard public testimony that night as well and much of that was covered in previous stories on this site. Additionally, a recording of the proceeding – as well as the meeting packet can be found at https://www.townofcantonct.org/agendas-minutes-meetings.

Attorneys for the town of Canton and CRC have filed a motion to dismiss Nye’s appeal, based on timing. It contends the appeal was not properly filed within the required 15-day period. A legal notice for the decision ran Oct. 18, making the appeal period Oct. 19 to Nov. 2, 2024, according to the motion to dismiss.

A summons for Nye’s action was signed by an assistant clerk of the court on Nov. 4 – and, in a brief conversation with this reporter last fall, Nye contended that it’s well established that the court would allow that extra time since the deadline fell on a weekend.

Attorneys for the town and CRC, however, contend the state statute has very specific requirements that the appeal be served within the 15-day period.

The defendants did not receive service of the appeal until Nov. 12 and Nov. 14, according to court documents.

Superior Court judge Edward V. O’Hanlan held a remote initial status conference with Nye and attorneys for the defendants on Jan. 3, 2025.

In an order filed that day, the court notes the April 10, 2025, date for arguments related to the motion.

The judge’s order also sets other deadlines prior to that date. For example, the judge set Feb. 3, 2025, as the date by which an attorney hired by Nye must file an appearance. Alternatively, if Nye doesn’t retain counsel by that date, a remote status conference will be held that that morning.

Nye (or his attorney) must file a memorandum opposing the motion to dismiss by Feb. 28, 2025, and the defendants’ reply to that is due by March 14, 2025.

(Please note that court dates sometimes change based on requests from attorneys or other circumstances. Follow court filings for the case here.)

Whether or not the judge ultimately allows this case to continue, the development plan will still be a years-long process.

CRC has several other steps to complete and has noted it plans to tap into both private and public financing for the project.

One step in progress is working on architectural details for new construction and renovation with the state Historic Preservation Office before returning to the Canton Planning and Zoning Commission with those details. The company is also working on obtaining a dam safety permit from the State Department of Energy and Environmental Protection for proposed repairs to the waterway system used by the Collins Co.

If those, and other steps are completed, work such as soil remediation, modernizing utilities and improving site infrastructure would come before any building renovation or new construction.