PZC Unanimously OK's Cherenzia Condos; Appeal Likely

The Planning and Zoning Commission Tuesday unanimously approved the and —among neighbors—subdivision and special use permit application from developer Cherenzia. The approval clears the way for the development of 68-attached and seven-single family houses on a 58-acre site near the intersection of Mary Hall and Greenhaven roads in Pawcatuck.

After and finally deliberation—including a 19-point list of stipulations, the board approved the plan.

“…Not everybody’s going to be happy but I think it’s the right decision,” said acting PZC chair Ben Tamsky.

“It’s a dangerous project,” said opponent, and candidate for , moments before the board voted.

“If they do [approve the application] then they’re approving something that will destroy [the neighborhood].”

Mark Kepple, attorney for another opponent, Neal Madden, declined to comment after the vote, but Cherenzia attorney Thomas J. Ligouri Jr. said he was told by Kepple “that he will file an appeal.”  

“Hopefully there will be a quick judicial resolution,” Ligouri said. “And if need be, there will be further concessions. The quicker there’s a resolution the quicker the project can begin and many local tradesmen can be put to work.”

The commission deliberated for an hour Tuesday. The stipulations include an action plan to be overseen by the town engineer in the event blasting causes well failures or afects water sources, and a $7 million insurance policy posted by the developer to not only “protect neighbors from damage” but also to indemnify the town in the event of litigation.

Commissioner Robert Marseglia made the motion and in the case of both the subdivision application and the special permit, the vote was unanimous to approve.

“Not only has the public [input] been helpful, but it has made the application better,” said member John Prue.

Ligouri agreed.

“The process did result in modifications that do indeed make the project better,” he said.

The issue of an appeal may have been predicted last month by Marseglia when he said the development meets regulations including the town’s Plan of Conservation Development and it behooved the commission to approve: “If we were to deny this without reasonable reasons…without cause the applicant could go around and sue the town and this ends up in court, protracted with fees spent unnecessarily and they’ll end up getting to do it anyway, or worse, the affordable housing they threatened.”

Seconds after the vote, a project opponent shook her head: “What’s the point? Why did we bother?” she asked.