Town Negotiates Deal on Tax Forgiveness in Westbrook, Connecticut

WESTBROOK - A deal of sorts was made on April 21 when the Board of Selectmen and Board of Finance voted at their joint meeting to forgive part of the back taxes and interest owed on 88 Pond Meadow Road.

Paul Cusson, owner of the property which formerly was home to Turnpike Auto Wreckers, said that he has already spent $200,000 for environmental cleanup and is participating in a voluntary remediation program with Guilford-based Triton Environmental, Inc.

The property has been designated as a "brownfield" by the Environmental Protection Agency for contamination caused by the storage of tires, oil, and automobile parts.

Board of Finance Chairman Paul Connelly said that as of May 1, there will be $201,767 of back taxes, interest, and liens owed on the property which was recently assessed at $64,750.

In 2005, Cusson acquired the property and an adjacent parcel at 17 Willard Ave. for $50,000.

He has requested that the town forgive approximately $51,767 in interest by accepting his offer of $150,000.

Town Attorney Michael Wells said that the state statues allow a town to forgive all or a portion of back taxes on "environmentally challenged property" as long as an environmental cleanup is completed.

Wells said that the town can attach additional conditions regarding the tax forgiveness.

Pond Meadow Road resident Joel Maynard said he "would like to see the property cleaned up" and supported the town to participate in a "give and take" approach rather than accept Cusson's $150,000 offer.

The property is zoned as medium density residential, MDR, with a non-conforming use as a junkyard and Cusson was denied a zone change by the Zoning Commission last year.

In an April 3 letter, Cusson stated, "Having been before both planning and zoning, I believe everyone is in agreement that some type of 'transition' zone between LI (light industrial) and MDR would be best for this property."

Maynard did not believe a zone change would be approved by the Zoning Commission before another town administrative change which would happen, at earliest, in November 2009 when the terms of all three selectmen will expire.

An adjacent neighbor indicated that he would like to see a complete environmental cleanup of the property and for it to be transformed into a residential neighborhood.

Last summer, Darby Hittle from Triton, predicted that cleaning up the property to residential standards could cost up to $1.8 million while cleanup to non-residential standards could cost between $400,000 and $700,000.

In his latest proposal, Cusson indicated that he wants to build a self-storage facility allowing buildings and space to be rented with bays large enough for small businesses to store landscaping equipment while residents could store their classic or vintage cars.

If the Board of Selectmen and Board of Finance took his offer, Cusson promised to "accelerate the environmental remediation process" by removing contaminated soils and removing more solid waste.

First Selectman Noel Bishop confirmed that taxpayer money was used on the property to do surveying and environmental work in the past but was unable to give a total number.

In the end, the Board of Selectmen and Board of Finance both unanimously voted in favor of Connelly's motion to negotiate with Cusson by requiring him to pay $175,000 in back taxes and interest.

The motion requires Cusson to obtain approval from the land use commissions, clean the property to non-residential standards, and make his payment by June 30.

"I calculated $150,000 and I thought that was fair...I will have to do more research to determine whether to give up the property," Cusson said, adding that he requested the tax forgiveness due to the value of the property and the remediation needed.

While the town previously discussed the possibility of foreclosing on the property, First Selectman Noel Bishop said this would create a liability for the town.