Date: Fri 24-Nov-1995

Publication: Bee

Author: KAAREN

Quick Words:

selectmen-lawsuit-Turkey-Hill

Full Text:

Town Avoids Lawsuit Over Road Improvements

B Y K AAREN V ALENTA

A potential lawsuit against the town was averted Monday night when the Board

of Selectman reached an agreement with two local builders over improvements to

Turkey Hill Road.

The town had demanded that Gordon Anderson and Ed Raymond, longtime local

builders, not only install drainage and curbing but also widen and pave a

section of Turkey Hill Road to bring it up to town standards before building

River Run, a proposed subdivision of about seven homes.

The developers originally agreed to do $45,000 worth of road improvements but

said the town's requirements would cost $82,000 and would add too much to the

selling price of the houses.

The disagreement began last spring after the selectmen adopted a blanket

requirement that subdivision developers must bring abutting town roads up to

town standards. Several months ago Town Attorney David Grogins told the

selectmen that such a policy might not stand up if contested in court. He

recommended that the town evaluate each situation separately.

Last week the Legislative Council, meeting in executive session, approved a

request for expenditure of legal costs which might be incurred if Mr Raymond

and Mr Anderson filed suit against the town. But Monday night an agreement

appeared to have been reached.

Town Engineer Ron Bolmer said the developers have agreed to do $56,600 in road

improvements including all necessary drainage. The road will be paved but will

be 18-feet wide instead of 22 feet, he said.

William Denlinger, attorney for the developers, said his clients would provide

a letter of credit and wanted to be allowed to buy their road improvement

materials through the town. Mr Bolmer later explained that this provision

would enable the developers to buy the materials at a cheaper price and would

also ensure that quality materials are used.

Part of the reason that the town agreed to a narrower road is the likelihood

that an unpaved section of the road where it abuts Little Brook Lane may

eventually be closed, Mr Bolmer said. This section of the road, which crosses

private property, was created 20 years ago by local firemen as a "temporary"

emergency road when flooding closed a bridge over the Pootatuck River.

Officials estimated last year that bringing this dirt road up to town

standards would cost about $300,000.

Mr Anderson and Mr Raymond are attempting to purchase some of the land where

the dirt road exists from the estate of the late Francis D'Addario, Mr

Denlinger said, and it is their intention to close this section of road

because other access to the building lots exists.

The River Run dispute reflects the road improvement problems which the boom in

new home construction has been creating throughout Newtown. Town officials say

that once subdivisions are built, homeowners begin to demand that adjacent

town roads be improved at taxpayer expense.

But attorneys for the developers argue that by doing drainage and curbing,

they are doing enough. Paving and other improvements on a town-owned road are

the town's responsibility, they said.

Monday night's compromise was approved unanimously by the Board of Selectmen.

The developers also appeared to be satisfied.

"We're perfectly happy to see this lawsuit go away," Mr Denlinger said.