In this case, Rybak's representation of the town helped allow his old client,
LHT, to obtain the development property it wanted before that ownership
transfer was approved by the public. Then, Rybak says he first began
representing LHT long afterwards in their development efforts of the property
in 2010, he believes in mortgage transaction. Since town officials and LHT had
absolutely no disagreements over the property, Rybak says he did not need to
disqualify himself from the case.
Nevertheless, Paul claims the change in ownership through the judgements of himself, Rybak and the selectmen is now perfectly in order. Any worry the public has was settled when the Litchfield Board of Ethics cleared him of a misconduct complaint related to the property's sale, said Paul. Rybak, although not the direct target of that complaint, claims it cleared him as well.
But now as a result of continuing public concern, that very 12-acre land parcel is still, eight years later, in the midst of being readied and proposed for the development of those eight units of low-income housing by the Litchfield Housing Trust. The trust has most recently withdrawn its application to the town Wetlands Commission for the third time. But it is expected that the trust is preparing to reapply once again.
The latest town wetlands hearing was postponed in August to be heard at a later date through the arguments of LHT's new Attorney Peter Herbst of Torrington, replacing Rybak. His resignation, said Rybak, had nothing to do with wrongful claims that he had a conflict of interest.
The two-plus-acre parcel targeted for the housing development is on a sloping
small island surrounded by close to ten acres of wetlands, based on the most
recently submitted withdrawn application.
These wetlands are, like others around town, valuable as a result of dwindling native shrub land a source of protection for clean water, and diminishing areas for nesting birds as well as other wildlife. Additionally, it is habitat for native nectar sources and rare and uncommon plants, valuable as a result of dwindling shrub land, protecting clean water and diminishing areas for nesting birds as well as other wildlife.
Town developments, like the planned large Stop & Shop near town and directly uphill from Litchfield's large wetlands, have created potential damages to the town's beautiful natural environments. Yet that mammoth project was approved by both the Planning and Zoning Commission and the Inland Wetlands Commission with one of the planning commissioners having a serious conflict of interest.
"Long regarded as wastelands, wetlands are now recognized as important features in the landscape that provide numerous beneficial services for people and for fish and wildlife. Some of these services, or functions, include protecting and improving water quality, providing fish and wildlife habitats, storing floodwaters, and maintaining surface water flow during dry periods. These beneficial services, considered valuable to societies worldwide, are the result of the inherent and unique natural characteristics of wetlands," says the US Department of Environmental Protection.
Townspeople, including the property's neighbors, are protesting, in part, that the very lawyer initially representing that housing trust is the town's attorney, Rybak. He, in conflict with his town duties to represent townspeople, some of whom were protesting, helped arrange the transfer of this very property to his long-time client, the Litchfield Housing Trust. He first recommended that transfer to the Board of Selectmen. Then, along with Paul, Rybak signed a town quit-claim deed, giving it without cost to Housing Trust, his long-time client. Again, said Ryback, during these crucial actions, he was not yet retained by the Housing Trust to represent them.
Rybak explains that he has represented the Housing Trust in a number of cases for over a decade and a half. But, it wasn't until 2010, he says, that he began to represent the Trust itself as his client in promoting the Trust's housing development plan with Litchfield. That is not a conflict for him, he said, because both the town and the Housing Trust are in agreement with what needs to be done.
However, townspeople protesting the development were indeed opposed to his representation of them as part of the public. And, as well, there was no uncontested evidence that a legally required public vote on the project from townspeople validated that agreement as required by law.
Rybak, as town attorney, not only had signed the Litchfield Housing Trust's transfer deed along with First Selectman Leo Paul, his boss; but earlier, with the support of Paul, they recommended that successful transfer to selectmen at a selectman's meeting on January 8, 2008. And, right away, the selectmen unanimously approved it. Again! Rybak says he was representing the town and not the housing trust for that particular work.
At that selectmen's meeting, the minutes quote Paul as saying: "The town has submitted an application to the state for $290,000 for affordable housing units on the property, but it must either give or lease the property to the Housing Trust." Rybak's immediate answer, quoted in the minutes by the board secretary, was: "The Town Attorney says the cleanest way is to give (not lease) the property to them (Litchfield Housing Trust)."
This quote comes directly from the minutes of the January 15, 2008, meeting. Rybak's title, but not his name, is the only mention of him in those minutes. All others at the meeting are identified by name as is required. Ann Combs, the secretary for the board, said that anonymous identification of Rybak was her error.
Close to two years later, on December 22, 2009, Rybak, on his own formal stationery, signed the quit-claim deed transfer for $1 along with First Selectman Paul that turns the property over to Litchfield Housing Trust, his longtime client. Rybak's name was the sole lawyer's signature as a witness on that document also signed by Paul, and filed in town land records.
But Rybak says the Litchfield Board of Ethics found no fault with Paul's or his handling of the case. That complaint, however, was actually filed against Paul.
Nevertheless, Paul claims the change in ownership through the judgements of himself, Rybak and the selectmen is now perfectly in order. Any worry the public has was settled when the Litchfield Board of Ethics cleared him of a misconduct complaint related to the property's sale, said Paul. Rybak, although not the direct target of that complaint, claims it cleared him as well.
But now as a result of continuing public concern, that very 12-acre land parcel is still, eight years later, in the midst of being readied and proposed for the development of those eight units of low-income housing by the Litchfield Housing Trust. The trust has most recently withdrawn its application to the town Wetlands Commission for the third time. But it is expected that the trust is preparing to reapply once again.
The latest town wetlands hearing was postponed in August to be heard at a later date through the arguments of LHT's new Attorney Peter Herbst of Torrington, replacing Rybak. His resignation, said Rybak, had nothing to do with wrongful claims that he had a conflict of interest.
These wetlands are, like others around town, valuable as a result of dwindling native shrub land a source of protection for clean water, and diminishing areas for nesting birds as well as other wildlife. Additionally, it is habitat for native nectar sources and rare and uncommon plants, valuable as a result of dwindling shrub land, protecting clean water and diminishing areas for nesting birds as well as other wildlife.
Town developments, like the planned large Stop & Shop near town and directly uphill from Litchfield's large wetlands, have created potential damages to the town's beautiful natural environments. Yet that mammoth project was approved by both the Planning and Zoning Commission and the Inland Wetlands Commission with one of the planning commissioners having a serious conflict of interest.
"Long regarded as wastelands, wetlands are now recognized as important features in the landscape that provide numerous beneficial services for people and for fish and wildlife. Some of these services, or functions, include protecting and improving water quality, providing fish and wildlife habitats, storing floodwaters, and maintaining surface water flow during dry periods. These beneficial services, considered valuable to societies worldwide, are the result of the inherent and unique natural characteristics of wetlands," says the US Department of Environmental Protection.
Townspeople, including the property's neighbors, are protesting, in part, that the very lawyer initially representing that housing trust is the town's attorney, Rybak. He, in conflict with his town duties to represent townspeople, some of whom were protesting, helped arrange the transfer of this very property to his long-time client, the Litchfield Housing Trust. He first recommended that transfer to the Board of Selectmen. Then, along with Paul, Rybak signed a town quit-claim deed, giving it without cost to Housing Trust, his long-time client. Again, said Ryback, during these crucial actions, he was not yet retained by the Housing Trust to represent them.
Rybak explains that he has represented the Housing Trust in a number of cases for over a decade and a half. But, it wasn't until 2010, he says, that he began to represent the Trust itself as his client in promoting the Trust's housing development plan with Litchfield. That is not a conflict for him, he said, because both the town and the Housing Trust are in agreement with what needs to be done.
However, townspeople protesting the development were indeed opposed to his representation of them as part of the public. And, as well, there was no uncontested evidence that a legally required public vote on the project from townspeople validated that agreement as required by law.
Rybak, as town attorney, not only had signed the Litchfield Housing Trust's transfer deed along with First Selectman Leo Paul, his boss; but earlier, with the support of Paul, they recommended that successful transfer to selectmen at a selectman's meeting on January 8, 2008. And, right away, the selectmen unanimously approved it. Again! Rybak says he was representing the town and not the housing trust for that particular work.
At that selectmen's meeting, the minutes quote Paul as saying: "The town has submitted an application to the state for $290,000 for affordable housing units on the property, but it must either give or lease the property to the Housing Trust." Rybak's immediate answer, quoted in the minutes by the board secretary, was: "The Town Attorney says the cleanest way is to give (not lease) the property to them (Litchfield Housing Trust)."
This quote comes directly from the minutes of the January 15, 2008, meeting. Rybak's title, but not his name, is the only mention of him in those minutes. All others at the meeting are identified by name as is required. Ann Combs, the secretary for the board, said that anonymous identification of Rybak was her error.
Close to two years later, on December 22, 2009, Rybak, on his own formal stationery, signed the quit-claim deed transfer for $1 along with First Selectman Paul that turns the property over to Litchfield Housing Trust, his longtime client. Rybak's name was the sole lawyer's signature as a witness on that document also signed by Paul, and filed in town land records.
But Rybak says the Litchfield Board of Ethics found no fault with Paul's or his handling of the case. That complaint, however, was actually filed against Paul.
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