Date: Fri 10-Sep-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Walnut-Tree-Village

Full Text:

Walnut Tree Village Plan Draws Questions And Criticism

(with photo)

BY ANDREW GOROSKO

The controversial proposal to expand the Walnut Tree Village condominium

complex in Sandy Hook from 80 to 213 units again was the target of criticism

from nearby residents as the Planning and Zoning Commission (P&Z) conducted a

second public hearing on the project September 2.

Developer Louis DeFilio, doing business as Walnut Tree Developers, is seeking

a special exception to the zoning regulations from the P&Z to build 133

age-restricted condos on a steep 34-acre Walnut Tree Hill Road site adjacent

to the relatively level 18-acre site where he and his partner George Trudell

have built 80 condos since 1995. Walnut Tree Village is designed for people

over age 55.

The P&Z took no action on the condo expansion request. Action is expected at

an upcoming session.

While the developers are seeking approval for a condo expansion project, the

P&Z simultaneously is considering the developers' request for an endorsement

for many construction changes which the developers made during the 80-unit

construction phase without first obtaining direct approvals from P&Z members.

A Call For Rejection

Resident Mary Burnham of 24 Walnut Tree Hill Road, who lives next to the

entrance to the complex, called for P&Z members to either reject the 133-unit

application, or at least reduce the number of units. Ms Burnham has been a

critic of the complex since its inception.

Ms Burnham presented P&Z members with copies of a petition signed by nearby

property owners seeking to increase from three to four the number of P&Z

members which would need to vote in favor of the project in order to approve

it.

"There are enough violations in the proposal... that the commission can turn

this down," Ms Burnham said. Ms Burnham charged that a strip of land along

Walnut Tree Hill Road near Church Hill Road where the developers propose to

extend a new driveway into the property has insufficient road frontage under

the zoning regulations. Ms Burnham further claimed that the second phase of

the project would be illegally built on a piece of property separate from the

land where the first 80-unit phase was built. She also charged the proposal

does not meet building design standards and height limits.

Many condo owners at Walnut Tree Village are afraid to appear before the P&Z

to voice the complaints about the project, she said.

An influx of more elderly drivers into the neighborhood will result in more

traffic accidents on the hilly, winding Walnut Tree Hill Road, Ms Burnham

said. Many accidents occur on a stretch of road there known for becoming icy

in the wintertime, she said.

"We're concerned about safety for not only the elderly but other people," she

said.

Ms Burnham said that the project would have inadequate parking and would pose

access problems for emergency vehicles. Safety measures should be taken to

prevent people from falling over a sheer cliff along the edge of the proposed

complex which overlooks Rocky Glen State Park, she added.

Ms Burnham noted the developers have encountered many problems in having the

first phase of 80 units comply with applicable zoning regulations.

There must be better communication between Mr DeFilio and the P&Z if the P&Z

is going to allow him to build more condos, Ms Burnham said.

If the developers gain the right to build another 133 units and then happen to

sell those development rights, the new owner should return to the P&Z to

ensure that no construction errors are made, she urged.

Ms Burnham further suggested that the P&Z review and rewrite its regulations

on elderly housing (EH-10) to better regulate such development. Walnut Tree

Village is in a EH-10 zone on Walnut Tree Hill Road.

Resident Robert Stokes of 89 Church Hill Road told P&Z members the development

plan proposed by the applicants would create emergency vehicle access problems

on the internal dead-end streets.

Resident Mike Grillo of 40 Great Ring Road, however, said he favors the

proposed complex since it would broaden the town's tax base. He called it a

good land use in a good location. "There are many [benefits] from this type of

development," he said.

Questions

Resident Joanne Maurer of 59 Elizabeth's Circle in Walnut Tree Village said

she was happy to move into the complex.

"I am living in a building which has a walkout basement," she said, adding she

believed there was no need to question the legitimacy of a walkout basement in

her unit. The presence of many such walkout basements has stirred controversy

among P&Z members because that feature was not depicted on drawings for the

complex approved by the P&Z in 1995.

Ms Maurer asked why town departments approved walkout basements, plus other

construction changes, although the P&Z did not specifically endorse such

construction.

Although the 1994 construction drawings did not show walkout basements, notes

on the construction plans referred to them.

"I would somehow hope we get these (town) departments communicating better,"

she said. Ms Maurer said she bought a unit which already had a walkout

basement.

Resident Sally Cheney of Walnut Tree Hill Road said fast moving traffic on

that road poses safety hazards. Traffic has increased greatly on the steep,

curving road in the past few years, she said. Ms Cheney said she was a victim

in a multi-car crash on the road.

Resident Ken Chimileski of 22 Walnut Tree Hill Road said the tree cutting,

blasting and construction work required for a condo expansion project will

damage the integrity of the neighborhood. He warned P&Z members to be very

careful in how they handle the developers' request for a P&Z endorsement of

the many construction changes that they made at the site after the 1995

approval of the development plans.

"The town is looking at you. This is going to come back and bite you," Mr

Chimileski told P&Z members. If the P&Z endorses the many changes which were

made at the site by the developers without their first having gained P&Z

approvals, when a similar situation occurs elsewhere, a precedent will have

been set by Walnut Tree Village, he said.

Resident Cathy Nowak of 7 Patriot Ridge Road alleged that Mr DeFilio of Walnut

Tree Developers owes back taxes on his property. Ms Nowak said she pays her

property taxes and paid a $5,000 bill for repairing her water well after it

was damaged by construction during the first phase of the complex. She said

the project would be "so intrusive. You need to downscale it."

Assurances

P&Z member Michael Osborne asked for assurances from the developers that a

second construction phase would be in compliance with applicable zoning

regulations.

Architect Michael Stein said if the architectural plans bear his seal, the

project will be built as shown.

Attorney Stephen Wippermann, representing the developers, said a "tremendous

mistake" was made concerning the creation of walkout basements. The developers

did receive approvals from town staff members for the walkout basements, he

stressed. There was nothing underhanded about how the developers got those

approvals, he said. "There was a fundamental misunderstanding by all

concerned," the lawyer said.

Mr Wippermann told P&Z members the land where the 133 condos would be built is

not legally a separate piece of property from the 80-unit site, and the area

where the proposed new driveway would enter the property does not have road

frontage problems.

Engineer Bill Carboni, representing the developers, said construction

monitoring procedures would be put in place to prevent a recurrence of the

problems that occurred during the first construction phase.

"The commission made this EH-10 [elderly housing zoning]. The developers are

attempting to conform with applicable regulations," he said.

The P&Z approved a zone change to EH-10 for the property for former owner Imre

Lantos in 1992.

P&Z member Robert Taylor said of the site plans, "You're doing a tremendous

amount of cutting here. You're doing a tremendous amount of defacing." The

work would be done to get the maximum number of units built on the site, he

said.

The proposed construction would place condo units atop the Walnut Tree Hill

Road ridgeline as viewed from Fairfield Hills, expanding the visual "gash" in

the wooded landscape, said P&Z member Heidi Winslow.

P&Z Chairman Daniel Fogliano asked the developers why there is a need for

walkout basements in the proposed second construction phase.

Such basements would not have finished interiors, Mr Wippermann responded.

Noting that plans call for 71 of the proposed 133 units to have walkout

basements, Mr Fogliano said the P&Z wants to prevent the walkout basement

problem that occurred in the first construction phase from again happening in

the second construction phase.

Mr Fogliano suggested that any new walkout basements have a solid steel door,

not the sliding glass doors which were installed in the existing walkout

basements. The developers agreed to the solid steel door requirement.

Mr Fogliano suggested putting limits on construction hours. Mr Wippermann

agreed to construction times of 7 am to 4 pm on Mondays through Fridays, and 7

am to noon on Saturdays.

Mr Carboni said the developers would build longer driveways in the second

construction phase to prevent parked vehicles from blocking sidewalks for

pedestrians.

Mr Carboni added the developers are willing to provide a public water supply

easement to four property owners on Patriot Ridge Road who have low-yield

water wells.