ENFIELD—The Planning and Zoning Commission on Thursday night approved a proposal for a 29,000-square-foot assisted living facility at 118 Hazard Ave. following a nearly two-hour discussion in which Chairman Ken Nelson accused the abutting property owner of “blackmailing” the applicant.
The plans for the All American Assisted Living facility were originally received by the town on July 10. The facility will be developed and operated by Kaplan Development Groups. At an Aug. 3 meeting, Richard Chmura, owner of the farm that abuts the site, and his lawyer, David Baram, voiced concerns about the proposal.
After meeting privately with the applicant and head engineer for the project, a modified plan was brought before the PZC Thursday night that included three conditions Chmura required the applicant to meet.
Baram called the letter stating the conditions an agreement.
“I wouldn’t view it as demanding something,” Baram said. “We worked long and hard with the applicant to come to an understanding and this is a joint resolution.”
However, when pressed by Nelson during the meeting, Benjamin Wells, a representative from Kaplan Development Groups, — admitted that Chmura and Baram threatened to “sabotage the project” if the developer did not comply with their conditions.
“I wasn’t thrilled with the threats … and hearing that you were trying to sabotage the project or hold it up,” Wells told Baram.
Two of the three conditions Chmura sought from the applicant involve monitoring the groundwater level in the area and providing proper grading to prevent flooding and runoff into Chmura’s property, Baram said.
The third condition required the applicant to plant 18 additional full-grown trees. Howver, the original plan for the facility, which included the planting of seven trees, already met regulations set by the PZC and Agricultural Commission regarding preserving the land’s agricultural integrity.
The 29,000-square-foot facility will sit on a 19-acre parcel, most of which will remain undeveloped and preserved.
“They passed wetlands and did everything wetlands requested them to do,” Nelson told Baram and Chmura, referring to the applicant. “I’m not sure why you weren’t at wetlands but are trying to bring old business to the Planning and Zoning Commission, which is out of our view.”
Baram insisted the conditions were consensual on both sides.
“We wouldn’t have sent the letter in if we weren’t sure they were on board with these recommendations. This is easy to decide when the applicant and intervener (Chmura) are in agreement.”
Nelson went on to insist Chmura and Baram blackmailed the applicant and were attempting to use the commission as a “pawn.”
“I will not be your pawn and make them agree to do something, that’s blackmail, and that’s what you’re doing,” Nelson said. “I don’t have the ability to make them do anything above and beyond the regulations. Are you telling me if we don’t make the conditions of approval, you’re going to take this to court?”
Baram then accused Nelson of being biased against his client, and said if the conditions Chmura requested were not part of the project, he would recommend that Chmura appeal the PZC’s approval.
The lengthy debate ended only when Wells insisted he was fine proceeding with Chmura’s conditions, baring the signing of any additional agreement.
While the PZC approved the proposal unanimously, Nelson continued to voice concern.
“I may not like being pushed, but to avoid a lengthy delay I understand why the applicant did it and support it,” Nelson said.
In other business, the PZC approved a plan to add an outdoor patio to the Powder Hollow Brewery at 504 Hazard Ave. The patio will have the ability to be used as an outdoor dining area should the brewery decide to transform into a restaurant as well.
