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P&Z Tries To Untie A Knot Of Problems At Walnut Tree Village

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P&Z Tries To Untie A Knot Of Problems At Walnut Tree Village

By Andrew Gorosko

The Planning and Zoning Commission (P&Z) has started reconciling the differences between the 1995 construction plans for the Walnut Tree Village condominium complex and the complex that was eventually built.

Walnut Tree Developers made many changes to the 1995 plans during the complex’s construction during the past five years. To reconcile the differences between the construction plans and what was actually constructed, the developers sought P&Z amendments to their original development approval.

P&Z members November 4 agreed to alter many aspects of the construction plans, but balked at approving certain changes that were made by the developers.

 “This is a difficult amendment at best… There’s so much to address here,” said P&Z Chairman Daniel Fogliano. He said he believes the developers intentionally did not follow their design plans. Mr Fogliano objected to the developers not depicting on the plans walkout basements, which they eventually built at the 80-unit complex on Walnut Tree Hill Road in Sandy Hook.

The chairman asked why the developers made many changes to the project without directly seeking approvals from the P&Z.

“I’m perplexed with where to go with this. I don’t think that just because this is built, it should be an automatic approval,” he said.

 The design drawings did not depict walkout basements, he stressed. Only an accompanying supplemental map contained notes about such features, he said.

“I don’t think we should be forced to approve anything because it’s already there,” he said.

“The whole process of trying to rectify this problem is mind boggling,” said P&Z member Heidi Winslow.

“There are so many differences here,” Mr Fogliano said. Even the revised plans do not match what exists on the site, he said. The revised plans provided to the P&Z are incomplete, he added.

 Although some aspects of the requested amendment can be approved, P&Z members need more information before they can approve other aspects of the request, Ms Winslow said.

“I do have a problem with this whole application being put forward to us in this manner,” Mr Fogliano said.

In reviewing the requested amendments, P&Z members consulted a long list of the discrepancies between the 1995 construction plans and what was actually built. That list was prepared by the project’s architect. P&Z members also consulted an analysis of the construction discrepancies prepared by Elizabeth Stocker, the P&Z’s planning aide.

 Mr Fogliano urged that P&Z members not approve aspects of the plan involving the windows and doors included in walkout basements, as well as vegetation plans including trees and bushes.

In acting on the requested amendments, P&Z members specified the steps Walnut Tree Developers must take to rectify a falling rock hazard which exists near one of the condominium buildings.

When the complex was built, a steep slope near a building was not properly graded, resulting in a falling rock hazard. The slope will be made shallower to reduce that hazard. The regrading will be done with a large jackhammer, not by blasting. A chain-link fence will be installed near the base of the slope to contain any falling rock. A fence will be installed atop the slope to prevent people from falling off it. All repair work to the rock slope must be supervised by a geotechnical engineer who will report to the P&Z.

P&Z members also approved amendments which will reconcile discrepancies between the design plans and the actual construction concerning: sidewalks, exterior lighting, stone retaining walls, guard rails, a pond aerator, a small sewage treatment plant, buffer areas, a sewer force main, water hydrants, a sign, lighting and a gazebo.

P&Z members refused to endorse amendments concerning walkout basements, trees, bushes and foundation plantings.

On November 18, the P&Z is scheduled to consider and possibly act on Walnut Tree Developers’ request to add 133 units to the Walnut Tree Village complex. 

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