Minutes of Public Hearing and Special Meeting

MINUTES OF PUBLIC HEARING,
MONDAY December 11, 2023,
TO DISCUSS SPECIAL PERMIT APPLICATION FOR
TWEED ROAD SUBDIVISION FOLLOWED BY
SPECIAL EXECUTIVE BOARD MEETING

Held at 180 Pine Orchard Road, Branford, CT and on the Zoom Application (recorded)

The Special Meeting of the Pine Orchard Executive Board was called to order at 7:00 p.m. Director’s present were: Vincent Giordano, Peggy Haering, David Silverstone, Seth Hershman, Niall Ferguson, Andy Ruff, Tom Roche, Matt Barez, John Grathwol, Karen Jubanyik.  Absent:  David Scheer and Curtis O’Connor.

Before opening the Public Hearing, the President introduced Branford Police Chief John Mulhern and Deputy Police Chief John Alven to discuss recent questions about car thefts in Pine Orchard.  Chief Mulhern said that the Pine Orchard data is encouraging.  Cars are usually stolen in the overnight hours, and there is no real consensus as to where they occurred. Most offenders are juveniles. He said larceny in cars is mostly triggered by theft of high value items visible in cars.  He stated that staff is not patrolling Pine Orchard in the overnight hours and that the Police Department is hoping to hire more officers.  Niall Ferguson asked what happens when crimes occur and whether the perpetrators are armed.  The Deputy Chief said that only one car was stolen in the past year.  Karen Jubanyik asked whether Branford is doing anything specific to deal with mental health issues of perpetrators.  The Police Chief said there was a masters social worker on staff. Peggy Haering asked whether there any way to contact parents or local community groups about criminal activities of the perpetrators.  The Chief said that juvenile arrests had to be maintained in secrecy. 

Vin Giordano asked whether it made sense to install a camera on the Pine Orchard headquarters building to monitor roadway traffic.  The Chief said that cameras are better for after the fact review and rather than intervening in crime in process.  Susan Dahill, a member of the RTM for the 7th District, asked about prevention of speeding on the roads.  She commented that a recent hearing on Route 146 indicated that making roads narrower might reduce speeding.  The Chief Deputy said that the police have been looking at narrowing lanes and using speed signs to remind people to slow down.  Vin Giordano noted that one community has appealed to the Governor to provide more deterrents.  The Police Chief said that they are interested in hearing from the community. The Board thanked the Police Chief and Deputy for their attendance.  The Board meeting was then suspended.

The Public Hearing was opened at 7:45 p.m. The purpose of the public hearing was to consider the Special Permit Application of Anthony Capasso, Applicant, and Walter Maguire Jr, Owner, relative to a 4-lot subdivision of property known as 66 and 76-82 Totoket Road and 0 Tweed Road in the AA-1 Zoning District.  The Association’s Zoning Enforcement Officer, Laura Magaraci attended the public hearing via the Zoom application.  The applicant, Anthony Capasso, has a contract to purchase the property known as 66, 76-82 Totoket Road, 0 Tweed Road, located in the Pine Orchard section of Branford.  It is an eight acre parcel.  Timothy Lee, attorney, and James H. Galligan, appeared on behalf of the applicant.  Mr. Lee said that Mr. Capasso wishes to create a family compound and create four lots on which family members will build homes.  The Subdivision has been approved by the Town of Branford and is now before the Board of the Pine Orchard Association for approval in its capacity as Zoning Authority. He introduced Jim Galligan to review the site plan.   

Mr. Galligan said that all lots in the subdivision will have frontage on a private road.  There will be no access to Totoket Road.  Public water and septic have been approved.  A fire hydrant will be placed on the premises.  A detention pond to mitigate water runoff will be located on the premises; its design was based on 100- year storm numbers. The system is designed to handle 8.7 inches of rain.

The Zoning Enforcement Officer, Laura Magaraci, read her staff report into the record.  She recommended that the application be approved with conditions.  She said that the application was compliant with our ordinance and that the applicant will provide financial guarantees to the town.  The conditions stated were providing an as-built foundation plan before framing, demonstration of required off street parking, no zoning compliance letter shall be issued until the proposed road, drainage and fire hydrant are constructed/installed, and compliance with all conditions in the Branford Planning and Zoning approval of October 5, 2023.  She added that stormwater has to be managed throughout the project before construction can begin.

Jim Galligan confirmed that the detention basin would be built first. Tim Lee added that the subdivision plan approved by the town did not delineate how open areas would be designated on deeds.  Vin Giordano recommended adding a deed restriction to advise lot purchasers that undelineated areas on the site plan were not subject to development.

Tome Roche asked whether there were wetlands on the property.  The response was no.

Jim Galligan mentioned that the applicant was trying to minimize blasting and confirmed the road would have a 5% grade, which was not considered steep.

Vin Giordano asked if there were any public questions.  Chris Curl [23 Tweed Road] said that he lived adjacent to lots 3 and 4 on the site plan.  He is concerned about runoff from a pond shown between lots 3 and 4 coming onto his property.  The pond got filled in some time ago, but the area still gets really swampy. 

Jim Galligan said there would be a “rain garden” where water would collect.  He said the driveway will not prevent water from draining away. Vin Giordano requested designation of the “rain garden” on the plans and details of construction and vegetation to mitigate standing water and mosquito breeding. 

Bill Tweed [11 Tweed Road] lives adjacent to the property and has great knowledge of the site.  He is concerned about the blasting and feels that the pond may be a breeding ground for mosquitos.  He also said that old growth trees on the site should be kept.

Tim Lee said that the Town engineer had approved the site plan.  He asked that an email from John Hoefferle dated 9/15/2023 indicated the suitability of the proposed sewage disposal system be read into the record and noted that the East Shore District Health Department had approved the plan.  He referenced a 10/17/2023 letter from the Branford Planning and Zoning Commission approving the subdivision application.  He also noted that an email dated April 28, 2014, concluded that were no wetlands on the property.

Jeanne Hughes [39 Meadow /Wood Rd] said that she was worried about concentration of housing and felt that we needed undeveloped areas in order for nature to survive. She asked about any current deed restrictions affecting the property.

Tim Lee said that he was not aware of any deed restrictions. Jim Galligan said that the applicant was not asking for special treatment–just permission to subdivide the property.

Billy Tweed asked why, if they had eight acres of land, they would propose to put a house only forty-two feet from  his property.

There being no further public comment, the public meeting was closed at 8:25 p.m.

The Special Meeting of the Board was resumed, at 8:25 p.m.  Vin Giordano asked board members for comments on the subdivision application.  Matt Barez said that he was okay with the plan and that it conformed to the Pine Orchard Zoning Ordinance.  Tom Roche noted that the setbacks on the plan were compliant.  Andy Ruff said that the applicant had followed the rules of a typical subdivision. He noted that a more artful arrangement of lots might have been presented.  Karen Jubanyik had an issue with the equity of allowing construction of what might be expensive housing when the Town of Branford and Pine Orchard do not allow construction of Accessory Dwelling Units.  John Grathwol said that the application appears to comply with the rules.  Vin Giordano would like to add to conditions that a deed restriction relating to non-disturbance of undeveloped areas be added so that lot purchasers would be on notice.  He also expressed concern about erosion control and onsite/offsite sedimentation.

Niall Ferguson stated his conclusion that the application met our zoning ordinance.  David Silverstone said that the engineer’s report counters objections that had been raised about the project.

Peggy Haering had concerns about the depression in the land between lots 3 and 4 and wanted to be sure that the developer took steps to protect it from becoming a breeding ground for mosquitos.

Lauar Magaraci said that soil and erosion controls onsite and offsite were necessary.  The question arose whether we could receive bi-monthly reports on erosion controls during construction.

There being no further discussion, Karen Jubanyik, seconded by John Grathwol, moved to approve the application.  Seth Hershman abstained from voting.  Subject to that abstention, the motion passed with unanimous consent. 

The meeting was adjourned at 9:00 p.m.

Respectfully submitted,

Margaret Haering, Clerk

Documents received during Public Hearing: