Democratic Town Chair Mario Testa is feeling merry today pounding veal for his restaurant customers. Despite heated opposition from North End residents, the Planning and Zoning Commission Monday night approved a change to the city’s master plan of development based on an application on behalf of the Madison Avenue restaurant owned by Testa in a residential area.
Mario had been rejected in prior zoning applications for the restaurant that he says he opened with a $5 million investment. But this time he brought on Chuck Willinger, the land use attorney guru, to represent him with a new strategy, petitioning the zoning board to amend the city’s master plan. Brian Lockhart of the CT Post was on the scene:
Perseverance paid off for Democratic Chairman Mario Testa Monday.
Zoning officials made a rare decision to amend the master plan to recognize his Madison Avenue restaurant as a mixed-use property in a residential neighborhood.
Charles Willinger, the attorney for the powerful city political leader, tried to quell neighbors’ fears that his client wants to use the change to market the land at the corner of Westfield Avenue for redevelopment.
Read more here.
What a surprise. Not!
Does anyone know how many of the current zoners are serving in expired terms? Single property amendment to the master plan sets a very bad precedent.
A very good question. Lennie?
countdown, isn’t it amazing 8 out of 11 commissioners are serving expired terms? A few of these terms have been expired for 5 years. What pisses me off is all the work that went into the master plan and these morons ruin it with a political vote.
Does the city council now have to approve the change in the master plan?
No, just a Zone approval–next step.
I have no need to get wordy … There is one word that describes this … disgusting! Shame on the Zoning commission … to the lone GOP and the majority Republicans SHAME ON YOU! To the two Dems who voted against it you are true champions of this city.
Shame on Mayor Finch, again!!!
Last month the percentage of Mayoral appointments on Boards and Commissions serving expired terms exceeded 90%. One individual term expired in the last century, in the year 1997. This mayor and previous ones have let this duty slip aside, out of sight and recognition by most people so he can control those who are sitting currently when an important vote comes upon us.
Where is Pat Fardy today? She led the land use body through her learning and run up to the Master Plan. I can think of a Black Rock resident who voted contrary to the wishes of those in power and they found a replacement for him.
Am I saying all current members of Boards and Commissions are “administration puppets or stooges?” No, I am not. But the Mayor never does an evaluation or assessment, and there is no record he does such a thing. And if the info for a re-appointment is no more serious than an initial appointment, then the record of the Finch and Fabrizi administrations is poor, and it has gotten worse in the past five years.
Feeling outraged? You should be. Because if you serve well, you should be recognized in advance of the expiry by an EFFICIENT and ACCOUNTABLE Mayor with an offer of a new term. If you have not served the City well because of health issues, business pressures or family concerns, or plain incompetence or uncaring, then you should be let out of the responsibility. Let someone else serve.
What say you Mayor Finch about ACCOUNTABILITY in this situation? Who has an excuse of the day to share? Is Bridgeport #1 in terms of expired appointments across Fairfield County, in Connecticut? How about New England or the entire US? Not sure where we can data check this but anyone want to begin? Also, are we sure all of the Boards and Commissions to which the Mayor has Mayoral appointments are listed on the City web site? Is there an Archives Commission or Board? Where is the School Building Committee listed (the one that oversees hundreds of millions of school developments)? And when do they meet? And where are their minutes reported? Time will tell.
Welcome to “Only in Marioland!!!” What’s next? Mario says he has no intention of selling. Then why did he purchase the old Three Corners Restaurant and why is there a sign already up saying “Testo’s Restaurant and Pizza” “closed during renovations?” Does he actually plan to keep two businesses afloat while “refinancing” a “successful” one? Like I said, welcome to MARIOLAND. (I’d like to get off the ride now. It’s making me sick.)
He has always owned 3 Corners–the word is his brother drove the business into the ground and he’s taking it over. The fact the head of the commission said SHU is not going to buy the land–when it happens, and it will, I hope he is held liable in the lawsuit.
After years of very careful planning and input on best practices from around the country, a new Master Plan is finally implemented in Bridgeport. What is it about MASTER PLAN these commissioners don’t understand? Never mind Testa and Testo’s. It is the principle that matters here. One exception sets a precedent for multiple exceptions and then, duh, there is no MASTER PLAN.
This Zoning Board decision sets a bad and dangerous precedent. How many non-politically connected people have received these types of amendments? Was the amendment conditioned on no sale to a not-for-profit entity? If not, it was an irresponsible action and not in the taxpayers’ interest. Just another example of why we need to change things in Bridgeport before it’s too late.
Off topic. Tonight on Bridgeport Now TV we celebrate some good news for Bridgeport, though the news only just now getting out in the United States, after I sent out releases to news agencies this morning. However, in Germany there are many news reports on the historical correction by aviation authorities that now puts Bridgeport on the map worldwide as first in manned, powered navigable flight before the Wright Brothers.
It was the historian at the Gustave Whitehead Museum, John Brown, who did extensive and meticulous research on Bridgeport’s inventor, which finally convinced aviation authorities. Whitehead flew in 1901, two years prior to the Wright Brothers. Tune in tonight to see the historian when he calls in via Skype at 8pm to discuss. Then the aviation authority from the UK who made the statement will call in. After that, call-in from Andy Kosch, who built and flew a replica of the airplane, which is on display at the Discovery Museum. What does this mean now? A lot of textbooks need to be amended. North Carolina license plates have to change, and so does Wikipedia when they refer to the Whitehead flight claim as “dismissed by mainstream aviation historians.”
www .gustave-whitehead.com
What a joke. I was there. By the way Willinger was being grilled, you would have thought they would have unanimously thrown out the request. I was shocked. Disgusted no, disappointed most definitely. The commission totally disregarded the 100 percent opposition in the audience. The only beneficiary of his change to the master plan is Testo’s Restaurant, which protestors were repeatedly asked not to mention. Mayor Finch, the North End residents will remember as this was an issue during the last campaign when Mary-Jane Foster attempted to educate the North End about the possibility of this happening and the ramifications it could have on the entire Madison Ave. corridor. It set a precedent and now someone can slowly buy up all of the properties on Madison Avenue and make a major traffic commercial strip and totally neglect any residents living on the side streets. This was an unnecessary change to the master plan and its effects will have long-term negative effects. The majority of the commission that voted in favor have proved to be sycophantic puppets and in the end the residents will blame Mayor Finch for not voicing his opposition and his economic development director Kooris who felt the commission would be the best to handle this situation–really????????? Obviously not! The North End residents are grateful to the two sitting commissioners who voted no. Thank you Barbara Freddino and also to one of the North End council members, Michelle Lyons for taking the time to compose an articulate letter opposing the plan. The choice words I have for everyone else would be redundant as the lead commissioner kept repeating all night. But to echo the heartfelt feelings of my neighbors and on behalf of all residents I’d like to use my freedom of speech to say Fuck You to all of the morons who voted to support this and the other leadership who just were too lethargic to give a crap!!! Most sincerely, S. L. A.
Single property exceptions or amendments to the master plan and zoning regulations have a large and sorry history in Bridgeport. They are almost never justified.
Steve–Indulge me if you will … who are the members of the Zoning Board these days? What is meant by serving under expired terms? Would that have the propensity to negate the vote?
Godiva, I would love to indulge you but to be honest I could not answer that for you. You could easily find out from calling the zoning office. Pat Fardy would also know I am certain. I do know Reginald Walker, former Bucci Development director is on the board as well as Barbara Freddino. Other than that, I plead ignorance. Would be nice if their votes could be negated. I wonder if Nancy Hadley would know. I am certain an attorney representing North End residents would research that information.
I would also like to add how disturbing it was to watch the lack of interest by 6 of the 8 commissioners there. They may as well have been sleeping, I kid you not!
I guess the best way would be to contact the zoning office. I’m just curious and have no contact with the people you mention. Do you think this will be contested in court?
Yes.
Here is the link to the members of the P&Z Commission:
www .bridgeportct.gov/content/89019/89540/89599.aspx
Thank you for the information.
Thank you Bepo … Seems there are many expired positions on the Board. That is curious. Wonder what the city attorney will make of that. Is the North End Association still intact? Wonder why there was no representation there.
There is no active North End Association and the city made sure it does not qualify for NRZ representation by the boundaries it has drawn.
The email I received from Tom McCarthy regarding this issue:
Jennifer, About the Proposed Amendment to the Master plan:
1) It is not on the ECDE meeting agenda for tonight. It was removed.
2) The P and Z meeting that would have dealt with this issue has been canceled (according to a notice I received today).
3) Process – The decision on whether an amendment is made to the Master Plan is NOT a Council decision. The determination rests with the Planning and Zoning committee.There is one major exception to that. Upon receipt of the request for an Amendment, the Zoning Official must make a referral to the City Council. The State General Statutes gives the Council the opportunity to endorse or not endorse the Amendment. The Council also has the ability to provide comment or recommendations in addition to the endorsement or non endorsement. This is NOT binding on the Planning and Zoning commission. The P and Z can make whatever decision they want and they don’t have to wait until there is an opinion from the Council. The requirement is that the P and Z can NOT hold a public hearing until 65 days after the Council gets the submission. After that, they can do what they want. If the Council does NOT endorse (which includes doing nothing at all), the amendment needs to get a 2/3’s vote of the P and Z to pass. If the Council endorses the Amendment, it only requires a simple majority of the P and Z. So, Jennifer, your perception is incorrect. If the Council does nothing, it is considered a non endorsement requiring a 2/3’s vote of the P and Z. I want to point out, I am not a land use attorney. Everything I am telling you is based on my reading and understanding of the law in consultation with the City Attorneys.
Tom McCarthy
One of the P&Z members Joe Tiago is financially and romantically involved with Mario Testa’s niece.
Nothing in itself is wrong with that. I would assume he would have recused himself.
Does anybody know if that was the case?
No one recused.
After the public meeting was closed and discussion was in process with the commission, the City Council approval or not vote was debated, those who voted yes agreed the City Council was just a pass and not a no vote. As you can see from the email, the City Council was operating on the assumption their no comment was a no vote.
The two who voted Nay on the proposal were Barbara Freddino and Bob Morton, Yay to them both.
Pat Fardy was replaced by a member of the BRBC. (See a conflict?) Ridiculous.
I would not bow to the Mayor and of course Adam Wood who was running the show.
I see the way things are running there today and it makes me ill. There is absolutely no dialog between commissioners as they do NOT do their homework. No training, No classes, Nothing.
What a shame–shame on Finch and all.
The Master Plan and Rezoning took years to achieve with the help and sound advice from a prestigious Land Use Firm. All of that sound work is being butchered.
BTW … What chapter and Articles from the Zoning regulations were applied to this decision for this approval? That is a must in every decision the commissioners make. Where and how does this change apply to the current P&Z rules?
That should be interesting … could there be an appeal pending?
As John would say, “Time will tell.”
This was not a zone issue–we were instructed to not mention or discuss zone–it was only a hearing to amend the Master Plan.
Pat, we need to talk for the Zone hearing rebuttal. I have some very good info and want to make sure I hit the marks.
At the risk of sounding like a Monday morning quarterback, the P&Z votes to approve were likely in place when McCarthy advised the city council committee to pass on taking a position. No action by the council committee was needed. If the P&Z votes were not in place, Willinger would have delayed the vote until a ‘no’ vote P&Z expired term member was replaced by a ‘yes’ vote new replacement by the mayor.
Jack Hennessy and Michelle Lyons are to be commended for their stands. Jennifer Buchanan should be thanked for her assistance, but Jennifer, did you really think McCarthy was open and honest with you?
I was pretty sure Willinger knew he had the votes when he left after his rebuttal–he did not stay for the votes. When I checked the Charter, Tom’s email seemed to line up with the Charter language–but as we all know in this city, that means nothing–until a judge hears the evidence …
But isn’t he the President of the Council, a capable and caring representative from his District? And as an officer of the Court he would never tell you something that was untrue, would he? Or allow you to draw a wrong conclusion without correcting it? And works for the City, well perhaps he is wearing too many hats or perhaps a bit conflicted, just a bit? (And to respond to Dave Walker’s earlier post, would he serve as an actual B&A Committee member? Probably not, but as President, it is common for him to serve when attendance is compromised, so why not? And who on the Council is going to challenge him? (Where’s the Sheriff to enter with badge, authority and serious manner to challenge the unlawful, conflicted, governance activity that is bubbling through the intestinal tract of this City?) Gut check ready? Time will tell.
*** Just how many times has Testa applied for this zoning change for future expansion before getting the final okay? Also it seems like he’s rolled zoning snake eyes quite a few times in the past and just now managed to roll a winning seven, no? Hopefully it will be good for his business, the city tax rolls and the neigborhood in general. Good Luck! ***
I believe at the public hearing about the Master Plan re-zoning, Testa’s Madison Ave properties was put forward by his attorney for a zone change and it was voted No. Minutes would have to be reviewed for this fact.
Perseverance–slick.
So we have Joe Tiago connected to Testo’s, Rob Russo now has a couple of very lucrative city contracts and has said he cannot be involved in any city politics–so he has a conflict of interest voting on this. Anyone else know of other conflicted Zoning Board members?
No fancy rhetoric. I’m simply ashamed.
This attempt to change the zoning met with defeat in the past at the PZC because it did not conform to the master plan land use map. Changing the master plan’s land use map had to be achieved and now it has happened. Unless this change to the land use map is challenged in the court (there is a very short window to do an appeal), Willinger will make a formal petition to the PZC to change the zone. It will be hard to challenge the zone change in the court if the master plan change isn’t appealed first.
A single property change to the master plan’s land use map is a huge deal. Pat Fardy is right on. The reasons to make the change need to be spelled out clearly in the decision. The clock is ticking.
We have until April 2 to appeal the decision.
So Mario the King of Calamari pimped out the application to Willinger. I wonder whose palms were greased? The “grilling” was just for show, like dinner at Benihana’s of Tokyo.