WILTON – Planners will consider one new application when they meet Thursday.
Trish Enterprises wants to operate a Dunkin’ Donuts franchise at the new Big Apple Store on Route 2. The franchise was formally located at Rick’s Market in Dryden.
Under old business, planners will discuss road and subdivision road requirements, as well as the possibility of being able to give a waiver for a minor subdivision, when they meet at 7 p.m. at the town office.
Planners also intend to discuss conflicts in the town’s subdivision ordinance and proposed changes. They were unable to hold the discussions at their last meeting because Code Enforcement Officer Katherine Shoaps had a sudden family emergency.
Joseph and Grace Balbonie want to give a piece of their property on Bubier Road to their son. They came before the board for an informal application for a minor subdivision in September.
The Balbonies say they believe the state Legislature enacted a law in August of last year that prevents anyone from giving land to a relative if it would constitute a subdivision, unless the property has been owned for at least 5 years. Joseph Balbonie said the law was made retroactive to 2001. The Balbonies have owned their property for about one year.
Joseph Balbonie said Clearwater Properties originally purchased three large lots and put them all together. Part of the land was divided by a county road, legally separating the lots. The Balbonies then purchased a 56-acre lot from the company that they now want to split so they can give a portion to their son.
Shoaps researched the issue and will present her findings to the board. She discovered that the county road is not considered a legal road. In addition, other issues remain, such as an oversight in the town’s subdivision ordinance that does not differentiate between minor and major subdivision requirements. Any changes to the ordinance must be approved by town voters.
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