HomeMy WebLinkAboutltr to Bezanson 12.12.12 HELLER, HELLER & McCOY
Attorneys at Law
736 Norwich-New London Turnpike
Uncasville, Connecticut 06382
Sidney F. Heller (1903-1986) Telephone:
(860)-848-1248
Harry B. Heller Facsimile:
(860)-848-4003
William E. McCoy
_____________
Mary Gagne O'Donal
December 12, 2012
(VIA E-MAIL)
Town of Montville Planning Department
Attention: Ms. Colleen Bezanson, Planner II
310 Norwich-New London Turnpike
Uncasville, Connecticut 06382
RE: Gay Hill Road Subdivision of 9R Burlake, LLC
Dear Colleen:
I am responding to your e-mail of December 11, 2012 concerning the acceptance of a portion of Monahan Drive and Dennis Drive in the Gay Hill Road Subdivision of 9R Burlake, LLC as well
as to the Town engineer’s comments dated December 11, 2012.
I am, contemporaneously herewith, forwarding the Town engineer’s comments to both my client and Michael Tarbell in order to enable them to address the items which the Town engineer
indicates are outstanding on the Road Acceptance Checklist dated December 11, 2012. However, I am writing to inform you that no action will be taken in accordance with the Town engineer’s
recommendation that a turn-around be installed at the current terminus of Monahan Drive. Obviously, the new Town engineer is not up to speed on this project.
By application dated August 1, 2012, 9R Burlake, LLC applied to the Town of Montville Planning and Zoning Commission for permission to terminate Phase II of the Gay Hill Road Subdivision.
In conjunction with that application, the matter was referred to Thomas Fenton of Nathan Jacobson & Associates, Inc., the then Town of Montville consulting engineer.
In Mr. Fenton’s August 22, 2012 correspondence to the Montville Planning and Zoning Commission, he indicated “the original subdivision design is such that Phase I can stand alone without
the completion of Phase II”. In that correspondence, Mr. Fenton requested that the developer effect certain minor grading at the terminus of Monahan Drive which has been accomplished
under his supervision.
The Phase II termination was duly approved by the Montville Planning and Zoning Commission at its September 11, 2012 meeting, and a notice of that termination has been filed in Volume
576, Page 151 of the Montville Land Records, endorsed by William Pieniadz, Chairman of the Montville Planning and Zoning Commission. The termination did not require the installation
of a cul-de-sac at the terminus of Monahan
Drive; nor, is any such cul-de-sac warranted.
As delineated on the approved subdivision plan, Monahan Drive intersects with Dennis Drive at a right angle near the southerly terminus of Monahan Drive. The full frontage of Lots
1, 32 and 39 are located either on the developed portion of Monahan Drive or on Dennis Drive. Lot 2 as delineated on the original subdivision plan was a Phase II lot, and cannot be
developed as part of the Phase I approval. Therefore, there is no practical reason to develop a temporary cul-de-sac at the southerly terminus of Monahan Drive, since any traffic utilizing
the subdivision road network can utilize the cul-de-sac at the terminus of Dennis Drive.
In addition, due to the intersection design of Monahan Drive with Dennis Drive, all normal road maintenance and plowing functions can be accomplished without any inconvenience to the
Town of Montville Department of Public Works without the completion of the Phase II streets.
As indicated above, Mr. George will contact the public works department concerning the final cleaning of the catch basins, although it was my understanding that this had been accomplished
at or immediately subsequent to the date that application was made for road acceptance. I will also instruct Mr. Tarbell, by copy of this letter, to contact Mr. Cummings concerning
his conclusion that the as-built plans are incomplete.
However, I would request that you immediately contact Mr. Cummings and instruct him that no turn-around at the end of Monahan Drive is required as no such requirement was incorporated
into the Phase II termination. Again, this issue was specifically reviewed by the prior Town engineer and no such turn-around was deemed necessary by the prior Town engineer in rendering
his recommendations to the Montville Planning and Zoning Commission in conjunction with the termination on Phase II of this project.
Should you wish to discuss this matter, please feel free to contact the undersigned.
Very truly yours,
Harry B. Heller
HBH/jf
CC: Ms. Marcia Vlaun (via e-mail)
Mr. Donald Bourdeau (via e-mail)
Mr. Ronald K. McDaniel, Mayor of the Town of Montville (via e-mail)
Mr. John George (via e-mail)
Mr. Michael Tarbell (via e-mail)
Mr. Thomas Cummings – CLA Engineers (via e-mail)
Mr. Thomas Fenton – Nathan, Jacobson & Associates (via e-mail)