Cusson Back for Tax Forgiveness in Westbrook, Connecticut

WESTBROOK - The town is being asked to forgive half of the interest and fees levied against unpaid taxes on the 5.40-acre parcel, formerly known as Turnpike Auto Wreckers, at 88 Pond Meadow Road.

Paul Cusson, owner of the property, wrote a letter on Jan. 22 to First Selectman Noel Bishop and Board of Finance Chairman Paul Connelly asking for the tax forgiveness.

Cusson wrote that at the beginning of this year, he had an outstanding balance of $205,534.76 and stated "I am offering to pay $150,000.00 to settle the account. This dollar amount reflects all taxes being paid and 50% ($55,771.40) of the interest and fees. This leaves $55,534.76 of interest, plus any additional interest accruing after January 1, to be waived by the town. Acceptance of this offer by Westbrook will bring the tax bill current as of the date of acceptance."

According to Connelly, the letter came after he had discussions with Cusson regarding a figure that could be mutually agreed upon.

In a Jan. 30 letter, Town Attorney Michael Wells wrote that while "this decision does not require a town meeting; it is within the discretion of the Board of Finance and the Board of Selectmen, both of which must approve any such forgiveness."

Connecticut State Statue 12-81r allows a town to forgive a portion of principal balance and interest of any "perspective purchaser who has obtained an environmental investigation or remediation plan."

Connelly said Cusson plans to reapply for a new Limited Licensed Corporation allowing the property to follow legal requirements.

The U.S. Environmental Protection Agency and the Connecticut Department of Environmental Protection has designated the property as a "brown field" because of severe levels of contamination originating from the storage of tires, oil, and automobile parts on the site.

Cusson assumed approximately $199,184.31 in unpaid back taxes on the property when he acquired it in 2005 after it was foreclosed by Paul and Donna Hotkowski.

Since acquiring the property, Cusson has entered into a voluntary remediation program with Triton Environmental, Inc., an environmental consultant in Guilford, and the DEP.

Triton Environmental estimated last July that it could cost $400,000 to $700,000 to clean the property to non-residential standards and $1.8 million for it to meet residential standards.

Even though Cusson is remediating the property, Connelly reminded selectmen that they are not required to forgive Cusson's taxes.

Selectman Jim Crawford said, "I have no problem with saying we want 100 percent in back taxes" but wanted to know specifically what options the town had and whether the town could seize the property.

If the town seized the property, some residents suggested it become the site of a new youth center.

If that is the case, this would "put the town in a different disposition," said Selectman Marie Farrell.

Pond Meadow Road Resident Joe Maynard suggested that if a youth center was built on the property, it should be built on the section with the least contamination.

Former Selectman Tony Palermo said that if the town acquired the property, it would be responsible for clean up costs for the whole parcel, not just the portion used by a potential youth center.

Palermo recommended that the board consider "all possible uses and remediation necessary for any use" and that negotiations continue between the Board of Selectmen and Cusson.

If negotiations continue, Maynard said "I would like to know what he (Cusson) will do with the property in the end."

As Cusson found out, some uses would be prohibited due to zoning regulations.

In July 2007, Cusson unsuccessfully fought to have part of the parcel rezoned as a light industrial zone and the other portion be rezoned as an industrial district.

The Zoning Commission denied both zone changes after nearby residents cited quality of life issues and claimed the rezoning would lead to a decrease in value of surrounding properties.

According to the Westbrook Land Use Department, the entire property is zoned medium-density residential, or MDR, which primarily only allows single family housing, multi-family housing, group daycare, family daycare, child daycare, nursery, farming, a church or a bed and breakfast.

The Board of Selectmen will consult with legal counsel and read through background materials regarding the property which is expected to come up for discussion at a future Board of Selectmen meeting.