Developer, Stonington neighbors reach agreement [The Day, New London, Conn.]

Dec. 29--STONINGTON -- Cherenzia Excavation of Pawcatuck and the neighbors who appealed the approval of its Crescent Club housing project off Mary Hall Road have agreed to a settlement.

That settlement, which adds more protections against blasting, rock crushing and encroachment on the neighbors, now goes to the Planning and Zoning Commission for approval. The agreement would then need approval of a New London Superior Court judge for construction to begin.

Cherenzia attorney and treasurer Thomas Liguori Jr. said Wednesday he hopes the approvals can be obtained by early March so construction can begin in the spring. The project will be built in phases.

Liguori said the settlement is the result of an agreement he had with the neighbors' attorney, Mark Kepple, after approval to engage in discussions to achieve the objectives of the neighbors.

In November the PZC approved the controversial project, which after the modifications in the settlement agreement calls for 64 condominiums and 11 single-family homes.

More than 700 people had signed a petition opposing the project, saying it would change the character of the neighborhood of single-family homes and generate additional traffic that would endanger walkers, cyclists and runners.

They also said that the blasting needed to remove ledge could damage their homes and wells.

Commission members attached a long list of stipulations to their approval, including limits on blasting and requiring the developers to obtain $7 million in liability insurance in case surrounding homes and wells are damaged.

James and Patricia Fink, whose Greenhaven Road home abuts the project, then appealed the decision in Superior Court. The Finks, plus nearby homeowners Gordon and Edith Rose, Staats and Jane Abrams Jr. and Neal and Michelle Madden, entered into the settlement with Cherenzia.

According to the agreement, which has been filed in Town Hall, the new design is intended to substantially reduce the area and amount of ledge blasting approved by the commission.

The revised design will now go to the PZC and Inland Wetlands Commission for approval and the neighbors have agreed to ask the two commissions to approve it.

The property owners also agreed to allow access to their properties for structural surveys and well testing before blasting begins. They will also allow blasting measuring devices to be placed on their properties.

Under the agreement, blasting can only occur between April and October. If a neighbor's well fails in terms of the quantity of water it produces, Cherenzia will have to dig the property a new well. If a well fails in terms of water quality, Cherenzia will hook the home up to the public water supply.

None of the condominium units rentals can be for less than one year and no more than five people can live in one unit.

Water has to be used to limit dust during rock crushing and if Cherenzia anticipates the crushing will extend beyond 60 days, it has to notify the neighbors' attorney.

Limits were also placed on excavation and destruction of trees and vegetation while additional trees have to be planted and buffering implemented.

A gazebo and nature path have to be placed in what is known as Neighborhood Area One, which is limited to passive recreation.

Three open space areas will also be conveyed to the town or a land conservation group.

Kepple could not be reached for comment Wednesday.

The agreement also calls for a unique arrangement in which Cherenzia will pay the property owners for their $23,000 in attorney's fees. Cherenzia will pay $1,000 for each house lot that is sold and $500 for each condominium unit until the $23,000 is reached. The entire $23,000 has to be paid within three years.

j.wojtas@theday.com

___

(c)2011 The Day (New London, Conn.)

Visit The Day (New London, Conn.) at www.theday.com

Distributed by MCT Information Services