Branford RTM Refuses To Study Failed Costco Application Process

BRANFORD, CT - An old nemesis of certain Branford town officials is back making his presence known - again.

At the most recent Representative Town Meeting, Hilltop Orchards owner and Costco proponent Wayne Cooke presented the RTM with a letter asking the RTM to "review by the appropriate committee" the failed inland wetlands application in 2016 of the Costco plan.

RTM moderator Dennis Flanigan refused to referred the matter to any committee, stating because Cooke has also filed a lawsuit against the town concerning the failed application, he could not do so.

Cooke's letter to the RTM reads as follows:

"In light of the failure of the first selectman to present to the community his promised investigation into the process surrounding Costco's inland wetlands application in 2016, the Branford RTM is asked to place to this item on its agenda for review by the appropriate committee.

"As you may know, the Costco application was corrupted by town wetlands officials deliberately doctoring an independent peer review in order to have the project denied.

"In actions referred to in a letter from the Costco attorney as "high prejudicial," "unfair," and "startling," once this corruption of the process was revealed, Costco withdrew its application and did not return, later telling property owners the town is "corrupt" and "untrustworthy."

"The first selectman and town have attorney have responded to Freedom of Information requests for their "investigation" by stating that a "draft memorandum" from a town labor attorney exists, but is protected from release by being in draft form and under attorney/client privilege. However, what was promised by the first selectman and what the situation continues to demand is a full and independent investigation of the facts, not a draft memorandum by an attorney in the town's employ.

"It is also important to note, that while the first selectman and town attorney maintain that this is a "personnel matter" and not subject to public disclosure,in actuality this issue resides squarely in the realm of a regulatory process, the procedural fairness and integrity of which is the town's responsibility.

"In light of these facts, which a growing number of citizens believe represent a cover-up of Town Hall fraud and corruption, it is asked that the Branford RTM - in keeping with its fiduciary duty to the citizens of Branford - place this item on your agenda for the fair and thorough consideration it warrants."

Sincerely,

Wayne Cooke

Cooke has filed a civil lawsuit against Inland Wetlands officials.
In his lawsuit, Cooke is seeking: a trial by jury; monetary damages; attorney's fees and costs; and "such other relief as may pertain law as equity."

The suit is alleging "violations of the First and Fourteenth Amendment to the United States Constitution, and a civil conspiracy to violate plaintiff's civil rights."

It isn't the first time Cooke has sued town officials over the Costco plan - he took former First Selectman Unk DaRos to court after Costco pulled out of the project in 2011.

Cooke said the Branford officials' actions caused him to "sustain damages" and that the town acted with "malice" towards him.

The conceptual plans for Costco submitted years ago called for developing about 44 acres of land between Route 1 and East Industrial Road off I-95. The proposal includes five properties.

Plans called for a 158,070 square-foot Costco warehouse on about 22 acres owned by Cooke and the Cooke family. Six commercial buildings were slated for construction on 16.5 acres owned by Charles E. Weber Jr. and Al Secondino. One building was proposed on a 1.73 acre site owned trustee Peter G. Mandragouras. Other property owners are involved in the PDD.

Costco announced in February 2017 that it was no longer interested in Branford.

Cooke has also created a website https://branfordfraud.com/ to detail developments in the ongoing fight to bring Costco to town. He has also placed "Where's Costco" and "Branford Fraud" and various other signs around town.