Timothy D. Bates Photo

Timothy D. Bates

PARTNER
tbates@rc.com
75 Eugene O'Neill Drive
New London, CT
06320-6306
860-437-5021
Fax: 860-437-5099

PRACTICES
Environmental
Land Use and Zoning
Sustainability and Climate Change


INDUSTRIES
Biotech and Pharmaceutical
Coastal Development
Energy and Communications
Government and Municipal
Real Estate
BIOGRAPHY

Tim Bates assists clients in meeting requirements for land development, particularly planning, zoning, and wetlands regulations. He appears before planning, zoning, and wetlands commissions throughout the State of Connecticut and has brought and defended numerous court appeals of these types of decisions, including several involving Connecticut's Affordable Housing Appeals Act.

Mr. Bates was named one of seven members of the advisory panel to U.S. senators Dodd and Lieberman to solicit, screen, and comment on candidates for federal positions, such as U.S. attorney and other appointments. Mr. Bates was appointed by the chief justice of the Connecticut Supreme Court to the Committee on Uniformity of Court Procedures. He has spoken to bar members and to planning and zoning officials on subjects such as the appropriate conduct at hearings, mixed-use and new urbanism zoning concepts, and the effect of Connecticut's Affordable Housing Appeals Act. Mr. Bates has also delivered presentations to the American Planning Association on the right to farm, nonconforming uses, and review of Supreme Court cases regarding land use law. He has addressed the International Municipal Lawyers Association at its annual meeting on the legality of design review requirements in local zoning and subdivision regulations. Mr. Bates is an adjunct professor of environmental law at Mitchell College in New London, Connecticut.  Mr. Bates also has experience in general law practice and, as head of the firm's New London office, can support client needs in other areas of practice.


EDUCATION
J.D., H.F.S. Scholar, Columbia Law School
B.A., cum laude, Yale University, Political Science, Editorial Chair of Yale Daily News

ADMISSIONS
State of Connecticut
Mashantucket Pequot Tribal Court
U.S. Claims Court
U.S. Court of Appeals, 2nd Circuit
U.S. District Court, District of Connecticut
U.S. Supreme Court

PROFESSIONAL ASSOCIATIONS
Connecticut Bar Association (CBA), 1990 to present
CBA, Planning and Zoning Executive Committee, 2002 to 2003, Past Chair
International Municipal Lawyers Association, 2003 to present, Connecticut State Chair
Connecticut Bar Foundation, James W. Cooper Fellow

HONORS & AWARDS
Listed in The Best Lawyers in America® in the area of Land Use & Zoning Law for 2012 and 2013 (Copyright 2012 by Woodward/White, Inc., Aiken, SC)
AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the areas of Zoning, Planning and Land Use; Real Estate; and Municipal Law (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)
Listed in Connecticut Super Lawyers® in the area of Land Use/Zoning Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) 

EXPERIENCE
Representation of the Town of Plainfield in day-to-day advice to the first selectman on the administration of town business. Advised town departments, including the Planning and Zoning Commission, the zoning enforcement officer, the housing authority, and the police department regarding interpretation of state statutes, state regulations, the town charter, and town ordinances.
Represented regional community hospital in application to develop a 40,000-square-foot cancer facility. Necessary approvals included site plan, inland wetland permit, and coordinated approvals from water pollution control authorities of adjacent towns.
Representation as general counsel to governmental entities in Connecticut, including Noank Fire District and the Westbrook Inlands/Wetlands Commission.
Serve as general counsel to two health districts in the State of Connecticut, Uncas Health District and Ledge Light Health District, which include multiple towns in eastern Connecticut. As counsel, we advise and where necessary litigate on issuance, enforcement, and interpretation of regulations and permits regarding food service, sanitation, and public health issues.
Representation of two boroughs in a Connecticut town in yearly negotiations and threatened arbitration of tax revenues for borough police and highway expenditures.
Representation of the Housing Authority of the City of New London in a rent receivership action brought by Northeast Utilities, resulting in a series of forbearance agreements and a payment plan. Robinson & Cole also negotiated agreements between the authority and the City of New London regarding payments in lieu of taxes and water and sewer charges. The litigation in each of these cases exceeded $250K.
Representation of the Housing Authority of the City of New London to advise its board regarding defense of a class action suit for improvement of living conditions in a federally supported housing complex. Representation also includes assisting in forming a charitable organization to purchase, improve, and rent scattered site housing; representing the authority's board of directors on executive personnel matters; and serving as a liaison to the legal department of the U.S. Department of Housing and Urban Development, particularly in the development of request for proposals for property management.
Representation of the Housing Authority of the City of New London, which operates five state-supported housing complexes and two federal complexes. Served as special counsel to assist in initiatives for improving its financial condition. The authority had designated two moderate-income state units for potential privatization and renovation. Robinson & Cole researched the title to these units, investigated funding alternatives, and advised the authority in developing a request for proposal from private developers. A private developer was selected, and Robinson & Cole negotiated complex development agreements, including three limited partnerships, of which the authority was a special limited partner, long-term ground leases, and operation and maintenance agreements. The firm then worked with the developer and the authority to secure financing through low-income housing tax credits and a loan program approved by and implemented through the Department of Economic and Community Development of the State of Connecticut and, in two of the three instances, the Connecticut Housing Finance Authority.
Introducing mixed-use and new urbanism zoning concepts.
Establishing open space as a public health and safety concern in an affordable housing plan.
Planning and Zoning
Defining the law of merger for undersized lots.
Establishing frontage requirements for parcel with both commercial and residential zones.
Real Estate
Represented a real estate developer in a partnership dispute concerning development rights to several large parcels of land in southeastern Connecticut. Successfully resolved the matter before trial.
Tax Appeal
Sheridan v. Town of Killingly
278 Conn. 252, 897 A.2d 90 (2006)
Successfully represented Town in overturning lower court ruling and requiring valuation of a leasehold interest in real property.

PUBLICATIONS & PRESENTATIONS
Articles
"McMansions and the Geometry of Zoning" (Spring 2007), published in Planning Commissioners Journal
"Property Tax Assessment: Valuation Methods Combined for Leased Property" (Fall 2006), published in State and Local Law News, ABA Section of State and Local Government Law, vol. 30, no. 1
"Family Values" (1994), published in Commonweal Magazine
"Developing the Undevelopable" (8/23/1993), published in Connecticut Law Tribune, Environmental Law Supplement
"Creating Win-Win Situations" (February 2009), published in Inside the Minds/Municipal Building and Zoning Code Enforcement Best Practices
"Promoting Mixed-Used Zones in Euclidean Zoning Communities" (January 2008), published in Revitalization E-Digest
Books
The Fourth Platoon and Police Deployment in New York City (1973), published byKennedy School of Government, Harvard
Presentations
"Land Banking: An Opportunity for Southern New England?" (9/2012) presented at Southern New England American Planning Association Conference: Planning at the Crossroads, Panelist
"Planning Commission" (3/12/2011) presented at Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions at Wesleyan University in Middletown, Connecticut, sponsored by the Planning & Zoning Section of the Connecticut Bar Association
A Potpourri of Hot Topics: A Spicy Mix of Land Use Issues (10/22/2010), cochaired this panel discussion with John P. Casey in New Britain, Connecticut
"Introducing Mixed-Use Zones to Traditional Zoning Communities" (1/15/2010) presented at New York State Association of Professional Land Surveyors, 51st Annual Surveyors Conference & Exhibition, Turning Stone Resort, Verona, New York
"Mixed-Use and Form-Based Zoning," copresented with Robert J. Sitkowski, Esq. (2009) at South Central Regional Council of Governments
"Planning Commissions" (2009) presented at Connecticut Bar Association
"Introducing Mixed-Use Zones to Traditional Zoning Communities" (2008) presented at Connecticut Bar Association
"The Promise of New Urbanism" (2008) presented at Ariston Club, New London, Connecticut
"Appeals to Court" (10/3/2007) presented at Connecticut Bar Association, Basic Land Use, New Britain, Connecticut
"Water Boundaries" (9/17/2007) presented at National Business Institute, part of "Boundary Disputes: Resolving Client Conflicts"
"After Kelo: What is the Future of Eminent Domain" (Spring 2007) presented at Land Development East Conference and Expo in Orlando, FL
"Real Estate Closings A to Z — Preliminary Work" (2007) presented at National Business Institute
"Regulation of Nonconforming Uses" (Spring 2006) presented at American Planning Association's 2006 National Conference, San Antonio, Texas, chaired panel
"Right to Farm Act: When Can Barring Nuisance Actions Constitute an Unconstitutional Taking?" (Spring 2006) presented at American Planning Association's 2006 National Conference, San Antonio, Texas; also presented at Rocky Mountain Land Use Institute, Denver, Colorado (2007), panelist
"Kelo v. New London" (2006) presented at American Planning Association Seminar in San Diego, California
"San Remo Hotel LP v. City and County of San Franciso" (2006) presented at American Planning Association Seminar in Chicago, Illinois
"Affordable Housing Since Quarry Knoll II" (1/2004) presented at Connecticut Bar Association
"Preserving Community Character in the Face of 'Teardowns' and 'McMansions' — Zoning Approaches" (2004) presented at International Municipal Attorneys Association
"Motion Practice in Planning and Zoning Appeals" (11/2002) presented at Connecticut Bar Association
"Wetlands and Watercourses as a Constraint for Development" (2002) presented at Environmental Issues in Real Estate Transactions, Connecticut Bar Association
"Planning Commissions" (3/3/2001) presented at CBA
"Connecticut's Affordable Housing Act" (1999) presented at Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Connecticut Bar Association
"Aesthetic Zoning in Connecticut" (11/20/1998) presented at Connecticut Bar Association (CBA)
"Entering the Village: The Basis for Aesthetic Zoning in Connecticut" (1998) presented at Hot Topics in Connecticut Zoning and Planning Law, Connecticut Bar Association
"Affordable Housing" (1997) presented at Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Connecticut Bar Association
"Planning and Zoning Appeals" (2/18/1991) presented at CBA

NEWS
5.22.13 Robinson & Cole Lawyers Provide Pro Bono Support to Norwich Soup Kitchen
4.08.13 Robinson & Cole Participates in APA Meeting in New York City
10.22.12 Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars
9.18.12 Land Use Lawyers Speaking at 2012 Southern New England American Planning Association Conference
8.28.12 Robinson & Cole Receives Top Listing in Connecticut Attorney Count in National Peer Review Survey
11.03.11 Pro Bono Work Helps Overcome Challenges for Construction of New Homeless Shelter
9.12.11 Robinson & Cole Receives Top Listing in Connecticut Attorney Count in National Peer Review Survey
4.05.11 Land Law Lawyers Deliver Presentations for Connecticut Planning and Zoning Officials
11.03.10 Attorneys Cochair Connecticut Bar Association Planning and Zoning Section Event
7.23.10 Connecticut Hospital Association Elects Timothy Bates to Board of Trustees
8.18.09 Robinson & Cole's Pro Bono Work Featured Prominently in Connecticut Law Tribune Feature Story
3.19.09 Robinson & Cole Partner Named to Senators Dodd and Lieberman Advisory Panel
11.11.08 Robinson & Cole LandLaw Attorneys Participate in CBA Advanced Land Use Law Seminar
3.25.08 Robinson & Cole Partner Writes Article for Revitalization e-Digest
2.27.08 Robinson & Cole Sponsors Concert at the Garde Arts Center

LANGUAGES
French