TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 November 24, 2014
TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Deputy Mayor Havens called the Special Meeting to order at 6:00 p.m.
2. Roll Call
Members Present: Deputy Mayor Edward Havens
Councilor Thomas Delnicki
Councilor Carolyn Mirek
Councilor Liz Pendleton
Councilor Janice Snyder
Members Absent: Mayor M. Saud Anwar
Councilor Cary Prague
Councilor Stephen Wagner
Also Present: Matthew B. Galligan, Town Manager
Keith Yagaloff, Town Attorney
After Roll Call was complete, Deputy Mayor Havens read a proclamation into the record designating November 2014 as DECA Month (Distributive Education Clubs of America) and presented the proclamation to the South Windsor High School students.
Ms. Lisa Barrett came forward and thanked the Town Council for the proclamation and explained that the students worked very hard with their DECA responsibilities and the South Windsor High School is very proud of them.
3. Public Participation
Mr. John Dzen, Jr., 245 Barber Hill Road and owner of Dzen Tree Farm at 275 Barber Hill Road came forward as the land owner for the driveway access dispute and also as the Vice President of Dzen Tree Farm, Inc. Mr. Dzen explained that the farm is in a big mess and truly believes that there is enough fault on everyone involved in this issue and is hoping tonight will be the first step to find common ground and built on some ideas. This is not a new issue and Mr. Dzen then gave a history of the problem as follows:
2007 – John Dzen, Sr. and his wife sold a piece of land to a builder.
ITEM:
3. Public Participation (Continued)
2009 – John Dzen, Jr. met with three members of Town staff and two members of South Windsor Agricultural Land Preservation Commission. The purpose of the meeting was to try to rent what would soon be Town owned open space on the top of the subdivision that John Dzen, Sr. and Mrs. Dzen had sold. This was discussed at great length and at the end of the meeting Mr. Dzen, Jr. requested to build a driveway and a parking lot from the cul-de-sac that is now called Blue Spruce Road. The response to that question was put the driveway in before the road and use it. It will then be pre-existing and there will not be any problems.
From 2009 to 2012 – the Farm proceeded to build a 300 car parking lot and driveway based upon what John Dzen, Jr. thought was the Town staff encouraging him. There was an anti-tracking pad built, stone water ways to control the run off and planted an evergreen edge along the property. The driveway was used from 2009 to 2012 with the builder’s permission.
July 2013 – An attorney was hired and started talking about the future of the access.
August 15, 2013 – In a pre-construction meeting for phase IV of the subdivision, the Planning Department made the following comments in a memo, “the cul-de-sac must be established with no access to the north prior to the issuance of any certificates of occupancy on Blue Spruce Road”. The only problem with those pre-construction notes was Town staff knew there was a driveway and it was used. No one notified the farm and the farm was not aware of those notes until much later.
December 2013 – After the pre-construction meeting there was still an agreement with the builder and business was being held as usual at the farm. Even after the pre-construction minutes told the builder he could not let the farm use the access, he continued to let the farm use it.
June 2014 – John Dzen, Jr. submitted a permit for a seasonal farm stand and part of the seasonal farm stand theory was trees and blueberries would be sold. That seasonal farm stand was scheduled to be on the Mitchell property on Sullivan Avenue at the intersection of Ellington Road. Town staff review comments came back that Sullivan Avenue has traffic so it would not be a good place for a farm stand.
ITEM:
3. Public Participation (Continued)
June 2014 – In order for the builder to get his first certificate of occupancy on Blue Spruce Road, he curbed across the driveway access, top soiled over the anti-tracking pad and seeded the anti-tracking pad.
July 2014 – When John Dzen, Jr. found out there was a problem with his access.
July 31, 2014 – A meeting was scheduled with Town staff to try to work something out.
September 2, 2014 – John Dzen, Jr.’s engineer requested from Town staff to submit a driveway permit. It was thought the quickest way to solve this would be to get a driveway permit. The farm was denied the ability to submit a permit. On that same day, the engineer requested to be put on the agenda for the Planning & Zoning Commission, which was denied.
Mr. Dzen stated that the Mayor was quoted on his facebook page as saying “the decision about the road access is not that of the Town Council or the Mayor, it is that of Planning & Zoning Commission which is an independent and separate entity”.
September 9, 2014 – John Dzen, Jr., his wife, engineer and attorney attended a Planning & Zoning Commission meeting and spoke under the Public Participation portion of the agenda which does not allow questions and answers. It is hard to believe this is a Planning & Zoning issue if there is no ability to get on the agenda and talk to them.
There has been a lot of discussion as to whether that is a Town road or a private road. The Town plows that road during winter storms and the garbage gets picked up by the company hired by the Town. If it is a private road, Mr. Dzen encouraged the Town to stop providing services.
September 25, 2014 – A walking tour of the farm was done with Town staff. On that day it was stated that this would be the last chance for the farm to get an answer regarding access to the farm because there are deadlines to meet in order to be open for business.
November 11, 2014 – It was announced that Dzen Tree Farm would not open for this season. A press release was put on the Dzen Tree Farm facebook page and on the Dzen Tree Farm website. The purpose of the statement was to let all of
ITEM:
3. Public Participation (Continued)
the farms family, friends and customers know that Dzen Tree Farm would not be open and they should not drive up Blue Spruce Road and bother the residents in that area because the farm would be closed.
The Town Attorney is quoted as saying, “the Town proposals were not acceptable to the developer and the farm owner”. The last proposal that the farm received was to build a new road from the existing 300 car parking lot back to Barber Hill Road. A company was hired to give an estimate of this proposal. A two lane road would be necessary. The driveway would have to be 1,108 feet from the mail box to the existing parking lot. There are extreme grade changes. The most expensive part of this proposal would be to cross the Podunk River and its associated wetlands. This proposal would cost $130,000 to $150,000. As a small business in this Town, this type of money can not be spent on this. Mr. Dzen explained further that his engineer has encourage him to extend Blue Spruce
Road which would consist of 75 feet of water main, 75 feet of sewer, 75 feet of electric, 75 feet of sidewalk, restore the cul-de-sac back narrow and build 75 feet onto the farm and put a cul-de-sac on the farm. The engineer feels this could be done for a cost between $80,000 to $100,000. Mr. Dzen said he does not want to spend that type of money for a driveway that would be used heavily for five days out of the year.
The Town Attorney was also quoted as saying, “as it stands, this is a dispute between a private developer and the Tree Farm owner”. That is true but the Tree Farm continues to have a relationship with the builder. As recently as two weeks ago, the builder allowed the farm to cut Christmas trees off of land that he owns. The farm has a great relationship with the builder, except for the issue that Town Hall got in the middle of. The builder was pushed to curb over the driveway by the Town.
Another item that the Mayor commented on was he felt the Tree Farm should cut trees and truck them to a location for sale. Dzen Tree Farm has brought trees to the South Windsor Winter Farmers Market. That is an incredibly small opportunity for the farm. At the Farmers Market could not get out of the parking lot because there was a funeral. Dzen Tree Farm is not in business to cut trees down and truck them around the world. Dzen Tree Farm sells a farm experience and part of the experience is for individuals to get to take the Christmas tree home. There is a family tradition to come to the farm and spend the day at the farm.
ITEM:
3. Public Participation (Continued)
Mr. Dzen stated that he feels that this situation can be worked out.
Ms. Mary Hockenberry, 16 Foxglove Lane came forward and stated that this should not be happening to a small family who has brought a tradition to South Windsor. When steps were made why was this small business not taken into consideration. As a community, a solution needs to be worked out.
Mr. Tim Field, 56 Perrin Lane came forward and submitted an on-line petition with approximately 1,200 signatures. The reason the petition was created was because he is a supporter or local businesses and local farms. People come from all over to get a tree from Dzen Tree Farm because it has been a family tradition for years. If South Windsor prides itself on a small Town value then South Windsor should be fighting for the small businesses in Town.
Ms. Elise Izzo, 27 Blue Spruce Road explained that her family purchased their home on a cul-de-sac because it is a quiet area where their two young children could play outside and be safe. There would be concerns if 3,000 cars were going by the house. Ms. Izzo suggested that a hayride be offered to customers to go out and get a tree.
Ms. Leslie Lee Carman, 208 Dogwood Lane stated that it does not matter how we have gotten here or whose fault it may be and requested that the Town Council work with the appropriate departments, the land owner and the builder to find a solution to this issue.
Ms. Karyn Kruzick, 8 Vincent Circle stated that for 45 years people have gone to the farm to get the perfect tree. Ms. Kruzick asked the Council to work together with the tree farm to get it open again and keep family traditions going.
Ms. Merry Claus came forward and stated that Dzen Tree Farm is a marvelous place for families to visit. Dzen Tree Farm is one of the only places in Connecticut that has reindeers at their farm. Ms. Claus encouraged the Town Council to find a solution.
Mr. John Mitchell, 40 Windy Hill Drive stated that South Windsor has a long history of agriculture in the community and he hopes that the Town can take the necessary steps to move towards a permanent solution.
ITEM:
3. Public Participation (Continued)
Ms. Becky Kowalczyk, 341 Griffin Road explained that in the 90’s her brother was unable to come home for Christmas because he was in the Gulf War, but in April fo the same year her brother was able to come home and the family wanted to celebrate Christmas. Her family went to the Dzen Tree Farm to find out if they could get a tree in April. Not only did they give a tree free of charge to honor her brother, but is actually snowed. Ms. Kowalczy stated that this business is important to the community.
Mr. Kevin McCann, 170 Lisa Drive stated he has lived in South Windsor for over 31 years and for many of those years their trees have been purchased from the Dzen Tree Farm. Mr. McCann said he was puzzled to see that the Town Council was holding a Special Meeting regarding this issue. This issue is between two private property owners and the Town Council can not order the cut through of a road or a driveway and can not impose its will on independent individual residents of this Town. Mr. McCann said he is hopeful that the Town Council is honest with the Dzen’s and the people of the Town that the Town Council can not do anything other then ask the Town Manager to work with Planning & Zoning and with the two individual residents to see if something can be worked out.
Ms. Gundapwar, 35 Blue Spruce Road came forward and stated that she hopes the Town can find a solution for the quiet neighborhood to stay as it is and to find another solution for Dzen Tree Farm to have access to their property.
Ms. Susan Hollander, 24 Judge Lane said that she is upset that a small business in not able to open but is hoping that something can be done for the Dzen Tree Farm so it can operate for a month or two until something can be worked out long term.
Mr. Tim Shepard, 45 Newberry Road stated that he hopes that the Town Council can seek a good answer for this issue. A cul-de-sac has provisions that it can be extended in the future. Farms are either going to be preserved or will be developed in the future. Residents in the neighborhood should think about the choice of living on a cul-de-sac or having those 63 acres developed in the future.
ITEM:
3. Public Participation (Continued)
Mr. Tom Dillion, 34 Barber Hill Road said he was upset over the Mayor’s comment that someone doesn’t want to move into a new place and have 2,000 or 3,000 cars going by their house. If you move near a tree farm, you should be aware that there may be a lot of traffic during the Christmas season. When deciding where to move, people need to know what is happening in the neighborhood where they are looking to move.
Mr. Brian Holmes, 63 Colony Road explained that he grew up in Town and feels South Windsor is getting away from being a small Town. Small businesses in Town need to be taken care of.
4. Communications
Town Manager Matthew Galligan stated that the main purpose of this meeting was to go into Executive Session to discuss this issue and try to look for a remedy or solution to offer the Dzen family. Mr. Galligan said he has some ideas to share with the Town Council and would like to go over the history of this issue. Ms. Lipe who is the Town Planner will be a part of the Executive Session.
5. Executive Session
A. Discussion of Potential Claims and Litigation, (Dzen Tree Farm)
At 6:52 p.m. Councilor Pendleton made a motion to go into Executive Session for a discussion of potential claims and litigation (Dzen Tree Farm). Councilor Delnicki seconded the motion; and it was approved, unanimously.
The following individuals were invited into Executive Session: Deputy Mayor Havens; Councilor Delnicki; Councilor Mirek, Councilor Paterna; Councilor Pendleton; Councilor Snyder; Matthew B. Galligan, Town Manager; Keith Yagaloff, Town Attorney; and Michele Lipe, Town Planner.
At 7:42 p.m. Councilor Delnicki made a motion to adjourn the Executive Session. Councilor Snyder seconded the motion; and it was approved, unanimously.
ITEM:
6. Special Business
- Discussion Item: Dzen Tree Farm, (requested by Deputy Mayor Havens, Councilor Paterna and Councilor Pendleton)
Mr. Galligan explained that during Executive Session there was discussion of various ideas that the Council would like explored. Mr. Galligan requested that he meet with Mr. Dzen and his Attorney as well as the Town Attorney to discussion a solution.
Answering questions from the Council, Mr. Galligan stated any idea will probably be a solution for the future and is not sure anything could be done for this year. Mr. Dzen did state that he could not do anything this year.
7. Adjournment
At 7:55 p.m. Councilor Delnicki made a motion to adjourn the Special Meeting. Councilor Pendleton seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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