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Property owner files appeal over site plan for factory complex amid questions about timing

Dec. 30, 2024 update: Attorneys from the town of Canton and Collinsville Redevelopment Company have filed a joint motion to dismiss this case. Read supporting paperwork here.


By John Fitts

Staff Writer

 

CANTON – The owner of a property on Spring Street in Collinsville has filed paperwork appealing the Planning and Zoning Commission’s Oct. 16 approval of a site plan for the historic axe factory complex in the village. However, some questions on the timing of that appeal have been raised.

 

The Oct. 16 site plan and soil and erosion plan approvals relate to the planned renovation of 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.

 

The site plan did include building footprints but not elevations – as CRC is working with the state historic preservation office on details related to rehabilitation. Additionally plans for new construction have not yet been finalized, according to the company.

 

While the company would have to come back for those details, the approval was a key step for the company as it moves forward to secure funding – and additional permits – to first remove contaminated soils, update utilities, add parking, improve infrastructure and repairing the site’s waterways and, eventually, renovate and build new structures. The company is seeking both public and private financing for the project.

 

“Redevelopment of the site is a complex, expensive and time intense task,” the application narrative states. “Collinsville Redevelopment Company, LLC (CRC) obtained a purchase option with the intent of renovating many of the buildings on site and the construction of three new structures, producing a mixed-use retail, office, light industrial and residential project, envisioned by the IH-1 (Industrial Heritage) regulations. Due to the complexity of renovating historic industrial waterways (waterworks) as well as buildings on the Historic Register, installing entirely new utility systems, remediating contaminated soil, and building materials, creating new roads, drives, parking, site lighting, stormwater control systems, the project development is expected to take a number of years. Project finance, pollution remediation, foundational waterworks stabilization, utility infrastructure and road installation have priority. Adding to the complexity is the desire to retain existing tenants, while the grounds and buildings are being renovated.”

 

Tyler J. Nye of Scranton, Pennsylvania and owner of record for 15-17 Spring St., in Collinsville, recently 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 appeal contends the decision was not based on the evidence before the commission, was arbitrary, did not consider “the historic nature and character of the IH-1 District,” constitutes spot zoning, was done for the financial interests of a developer and more.

 

It names the commission, Collinsville Redevelopment Company and At Collinsville LLC, the current complex ownership group.

 

The first question on the action, however, seems to be timing.

 

Appeals must be “commenced. …. within 15 days from the date that notice of the decision was published as required by the general statutes,” according to state law, which also list several parameters under which it must be done. One includes how a “proper officer,” in this case the Canton Town Clerk, must be served notice of an appeal.

 

The town filed a legal notice of the decision on Oct. 17 and that, according to the appeal was published Oct. 18, making the 15-day period through Nov. 2.

 

While the summons for the action was signed by an assistant clerk of the court on Nov. 4, the town did not receive the paperwork until Nov. 12 at 4:40 p.m., according to a timestamp from the Town Clerk’s office and town officials.

 

“It was immediately forwarded to the town attorney for review,” Neil Pade, Canton’s Director of Planning and Community Development, said of the paperwork.


Representatives for Collinsville Redevelopment Company and At Collinsville LLC were also served on Nov. 12, according to a court statement from state marshal Lucia O'Toole. That document also states the Town Clerk's office was served on Nov. 14. Duplicates were given to the Town Clerk on that day, as the Nov. 12 filing was given to the assistant town clerk, town officials said.

 

On Nov. 14, the commission’s attorney Kenneth R. Slater Jr. of Halloran Sage said he was still looking into the matter.

 

“I’m seeking confirmation not only of when, but how. … There’s a state statute that describes how individuals have to get served and how towns get served and how commissions get served, so I am investigating both timeliness and whether the service was appropriate.”

 

While the Nov. 4 date would almost certainly not be an issue in 15-day period due to the fact that Nov. 2 fell on a weekend and Canton Town Hall is closed on Fridays, Slater contends that the statute dictates the town should have been actually been served within that 15-day period.

 

“What matters is the date it was served, so that’s what I am checking into,” he said.

 

Slater confirmed that a state Superior Court judge would ultimately decide if the appeal moved forward and said a motion to dismiss would likely come next, based on the initial information he’s received, but added that the process could take a couple months.

 

Nye was also the plaintiff in a September 2021 appeal of changes made to the text and implementation of the IH-1 zoning itself. Those changes were made at the request of Sheldon Stein and New York-based Ranger Properties. Stein later dropped out of the project, reportedly for health reasons, and never filed a site plan. Nye eventually lost that appeal but the decision was not rendered until February of 2024.

 

Some of the language in the current appeal paperwork is repeated from the 2021 appeal, but the current paperwork does not list many specific examples of how the commission allegedly erred.

 

While the 2021 appeal was filed by an attorney, this one comes directly from Nye.

 

At the public hearing on Oct. 16, many residents spoke to the commission, while others submitted testimony. Several submissions and comments were positive but many who live near the parcel raised concerns of impacts, particularly traffic.

 

A traffic report included with the site plan estimates that, based on currently anticipated uses, a fully developed site – which would be years away - would generate an estimated 5,719 daily trips during the week.

 

A chart with the report estimates that 300 units in the facility would generate 2,022 vehicle trips per day. Residents in the Spring Street area interpreted that as the number of vehicles that would use the now closed, overgrown entrance on Spring Street but the development team contended that was not an accurate assessment and that those some of those vehicles would use the main site access.

 

Those who live in that area were even more concerned when the development team modified the plan. It had originally proposed to use the Spring Street access as a gated one for residents only, but prior to the hearing was modified to take out the residents only proposal due to a concern with the zoning language.

 

On the day of the Oct. 16 hearing, Nye wrote to the commission, a submission that was too late to be included in the original meeting packet, according to town emails.

 

In his email, Nye wrote, “Allowing unrestricted access to and from Spring Street may significantly increase traffic volume, raising safety concerns for both residents and pedestrians in the area. Spring Street, as a primarily residential street, may not be equipped to handle the increased traffic load that an unrestricted driveway access could bring, leading to potential congestion and hazards. This is a public safety issue - for pedestrians, cyclists, and motorists.”

 

The commission’s ultimate approval included the stipulation that the Spring Street entrance be for residential use only, an idea that the development team supported, noting that they had only made the modification due to a concern about the zoning language. However, that commission condition defers to the state, as the Office of the State Traffic Commission would ultimately decide whether such a restriction can remain in place.

 

In his Oct. 16 email, Nye also expressed concerns with “Preservation of Neighborhood Character,” “Site Disturbance and Environmental Impact,” and issues the proposal was “Inconsistent with the Original Plan” – going into some detail on each point. In comments to the commission at the public hearing he raised several concerns, including the financial viability of the project, long-term ownership and traffic.

 

I would also implore the committee to not vote tonight and talk a walk down Spring Street. That narrow lane cannot handle this much traffic,” he said, later adding, “the decisions tonight have far-reaching implications for people beyond this room.”

 

Other owners on Spring Street and surrounding areas also requested the commission keep the hearing open but its members did decide to vote that evening.

 

In a brief Nov. 13 conversation with the Valley Press, Nye defended the timing of the appeal and while he declined being recorded for comment, indicated he would email comments.

As of 10:30 a.m. on Nov. 15 those had not been received.

 

Lisa Tilney of Collinsville Redevelopment Co. acknowledged receipt of the appeal paperwork.

 

“We received notice of the appeal yesterday,” she wrote to the Valley Press on Nov. 13. “Merritt and I will continue to work on moving this exciting project forward while the appeal makes its way through the legal system.”

 

At the Oct. 16th meeting, Tilney asserted that the goal of the project is to enhance the site and community.

 

“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.”


For much more about the plan and commission approval, see our previous story here.

 

 

 

 

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Valley Happenings

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Saturday, February 22, 2025, 3:00-7:00 p.m. 

Avon Senior Center, 635 West Avon Road, Avon

AVFD Deputy Chief of Administration Dave Theriault is facing a tough battle against Stage 4 cancer. The AVFD, along with Tunxis Hose Co. No. 1 and the Farmington Fire Department, is holding a pasta dinner to help raise money for Chief Theriault’s medical expenses. In addition to delicious food, drinks, and camaraderie, the event will feature dozens of raffle prizes. Event tickets are $20 for adults and $10 for seniors and children under 10 years old. They can be purchased at the door or in advance at AVFD Headquarters, 25 Darling Drive, Avon (Mondays, 8:30 a.m.-8:30 p.m. and Tuesdays-Fridays, 8:30 a.m.-4:30 p.m.). Contributions can be made via Venmo @supportDave or by mail to the AVFD at 25 Darling Drive, Avon, CT 06001. 

Canton Community Health Fund Applications

Canton Community Health Fund, Inc. Opens 2025 Application Season, on March 1, 2025, for Canton Community Partner Grants & Canton Scholars Pursuing Careers in Healthcare or Public Safety Canton Community Health Fund, Inc. (CCHF), opens its grant and scholarship application season March 1. CCHF encourages State of CT certified non-profits serving the Canton community to apply for Community Partner grants. In addition, graduating high school seniors seeking higher education in healthcare or public safety are invited to apply for either a Dr. Diters Legacy Scholarship or a Pay It Forward Scholarship. Applications and informative Fact Sheets are available online at www.cantoncommunityhealthfund.org.  Community Partner Grant and Scholarship awards will be announced in June/2025.

 

Avon Library events

AVON –The following events are scheduled at Avon Free Public Library. The library is at Avon Library, 281 Country Club Road, Avon. All programs are in person except where noted. For more information on adult programs, contact Adult Services Reference Desk via avonref@avonctlibrary.info 860-673-9712 x 7203

• Antique Map Collecting 101, Saturday, Feb. 1 at 1 p.m. Registration is required: https://www.avonctlibrary.info/event/antique-map-collecting/

• Morning Book Club. Wednesday, Feb. 5 at 10:30 a.m., The Mystery Guest by Nita Prose, Registration is required: https://www.avonctlibrary.info/events/tag/morning-book-club/

• Meditation for Balance and Inner Contentment. (Virtual Event) Thursday, Feb. 6 at 7 pm.

• Eastern Coyotes in Connecticut (Virtual Event) Thursday, Feb. 13 at 6:30 p.m.

• Fashion and the First Lady (Virtual Event). Wednesday, Feb. 19 at 2 p.m.

• Hoop Skirts to Flappers: Eighty Years of Connecticut Fashion. Monday, Feb. 24 at 2 p.m.

• The Golden Age of Hollywood. (Virtual Event) Tuesday, March 4 at 2 pm.

 

Simsbury Lions Club

The Simsbury Lions Club is looking for people interested in volunteering and contributing to better our town. Our motto is “We serve,” and we do so by volunteering at local events and donating our proceeds to serving interests in our community.

If interested, please feel free to contact Sandy Kremer at Tprkremer@gmail.com or Philip Painchaud at painchaudp@gmail.com.”

 

Winter sowing workshop

The Farmington Land trust is hosting a winter sowing workshop focused on raising native plants. Make your own up-cycled greenhouse from a milk jug and prep some beneficial native plants for the coming growing season. Sunday, Feb 2 from 11a.m.-12:30 p.m. at the Farmington Senior Center. RSVP here: https://www.farmingtonlandtrust.org/event-details/winter-sowing-seminar-native-seed-planting

 

Wild Flowers from Spring to Fall

CANTON – The Cherry Brook Garden Club is hosting a lecture on “Following Our Wild Flowers from Spring to Fall” on Tuesday, Feb. 11, at 11 a.m. at the Canton Community Center, lower level, 40 Dyer Avenue. Steve Messier, Lichenologist and former Science teacher at Canton High School will discuss the topic. The lecture is open to the public. There is a $5 guest fee for non-members. Email questions to cherrybrookgardenclub@gmail.com.

 

‘Five Wishes’ at McLean

SIMSBURY – Join Kevin Baran, M.D., medical director, and the McLean Hospice Team for a special “McLean & Me Educational Series” presentation to learn how to talk about and record your wishes for care through the end of life, so those wishes can be understood and respected. The presentation will be held at McLean’s Garmany Performing Arts Center, 50 Sarah Lane, Simsbury, on Tuesday, Feb. 11, at 6 p.m. The presentation is free but an RSVP by Feb. 4 is required as seating is limited. A light dinner will be provided.

To register, visit McLeanCare.org/Events, email Margaret.Clark@McLeanCare.org, or call 860-658-3718.

 

‘Art Throb!’ Exhibit

Gallery on the Green presents “Art Throb!” Exhibit plus a Solo Exhibit by Kathi Packer Friday, Feb. 14 through Saturday, March 15. An opening reception is on Saturday, Feb. 15 from 6-8 p.m. and will include refreshments. The show and reception are free.

“Art Throb!” is a heartfelt Valentine’s Day celebration presented by the membership of Canton Artists’ Guild. The artists use a wide range of media including painting, prints, drawing, photography, sculpture, ceramics and mixed media to represent the emotional intensity, joy and complexity of love.

In the upstairs Gallery, Kathi Packer has a solo show, “Another Tale.”  Packer notes that a friend’s casual invitation to go on safari in 2008 substantially changed the direction of her artistic journey.The gallery is located near the intersection of Dowd Avenue and Route 44 at 5 Canton Green Road in Canton. Hours are Friday – Sunday, 1-5 pm. The main floor gallery is handicapped accessible.

Website: http://www.galleryonthegreen.org; Phone:  860-693-4102

 

TABLESCAPES fundraiser returns to benefit the new

Avon History Museum

AVON – The Avon Historical Society invites the public to its sixth TABLESCAPES event showcasing up to 30 creative and original table settings on Friday, March 14 and Saturday, March 15 at the historic North House, 1 Nod Road, Avon.

This event will feature themed table settings from local professional designers, florists, businesses, individuals, artists and others featuring fresh floral arrangements, centerpieces and accessories. Proceeds will benefit the installation of professionally curated exhibits in the new Avon History Museum scheduled to open on Friday, July 4, 2025.

Back by popular demand will be a “Table and Barware Tag Sale” on both days. Admission to TABLESCAPES includes the tag sale. Tickets are $20 each pre-sale and at the door. Tickets can be purchased online at www.avonhistoricalsociety.org or by calling Mary Harrop at 860-670-3225 before March 8.

Those interested in sponsorship opportunities can also call Harrop.

 

Alzheimer’s Support Group

FARMINGTON – Hearts, Hugs & Hope: An Alzheimer’s Support Group takes place Feb. 20, 2025, 6 p.m. at Farmington Station Assisted Living and Memory Care Community, 111 Scott Swamp Road, Farmington. Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. This group is being offered both in person and via Zoom on the third Thursday of each month. If you plan to attend, contact Director of Compass Programming Katherine Jedynasty at kjedynasty@farmingtonslr.com.

 

Used book sale

AVON - A huge book sale will be held Feb. 28 and March 1 in St. Ann’s Church Hall, 289 Arch Road at Route 167.  Hours are Friday, 4 p.m. to 7 p.m. ($5 adult admission) and Saturday, 9 a.m. to 2 p.m. (no admission fee).

Thousands of books will be organized in separate sections, including Fiction, History, Biography, Politics, Children, Music, Cooking, Sports, Art, Vintage, and more!  A large selection of Children’s books will be available.  Fiction books will be divided by hardcover, paperback, and trade paperback and sorted alphabetically by author.  DVDs, CDs, books on CDs, Vinyl records, and puzzles will be available, also.  Most books will be $3 or less with vintage and specialty books priced higher.

 

Daisy Days: All-Girls Summer Day Camp Experience

FARMINGTON – Miss Porter’s School, a renowned institution with a legacy of empowering young women, is excited to announce the launch of Daisy Days, an all-new day camp for girls entering grades 3-5 this fall. Starting this summer, Daisy Days will offer a unique, joy-filled experience designed to spark creativity, build confidence, and inspire self-discovery in an empowering all-girls environment.

For additional details, visit pcgl.porters.org/daisy-days.

 

Artist demonstration

Avon Arts Association will hold a guest artist demonstration featuring  Granby artist Laura Eden on Tuesday, February 18 at  Avon Town Hall, 60 W. Main St., lower level, at 6:30 p.m. Ms. Eden will demonstrate egg tempera painting.

The demo is free and open to the public ($5 suggested donation). A workshop with Ms. Eden will be held at the same location in the Avon Room on Saturday, Feb. 22, 10-2 with  set up at 9:30. Fee: $45 for members, $55 for nonmembers). www.AvonArts.org

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