Appeals Cause Extra Legal Expenses in Deep River, Conn.

DEEP RIVER, Conn. - At a recent town meeting, First Selectman Richard Smith said residents approved the authorization of funds to cover two budget overruns for legal expenses.

Residents voted to allocate an additional $22,000 for attorneys and appraisers so that disputes on property assessments and labor issues could be resolved, Smith said.

The more expensive of the two budget overruns was $36,513 to the planning and zoning commission's legal account which came as a result of an ongoing court battle which started in June 2006.

Smith admitted that additional legal funds may be needed in the future to pay for legal services in May and June of this year.

The battle involves several residents who have appealed the commission's May 2006 special permit issued for a new and enlarged Cumberland Farms convenience store and gasoline station.

"The town has to defend the decision of the planning and zoning commission because if it didn't it could be sued by Cumberland Farms since they (the commission) approved the project," Smith said.

The commission in 2006 approved Cumberland Farms application to demolish its 3,200-square-foot convenience store at 177 Main Street, the former Valley Garage service station with two Gulf gasoline pumps at 173 Main Street, and a long-vacant building at 179 Main Street.

The demolition of those buildings will make way for a new 3,744-square foot convenience store, three self-service gas pumps with two nozzles each, and expanded parking.

The chain operates 900 retail stores and gas stations throughout the northeast.

Those who have appealed the commission's decision include Leo and Elaine Klevens, owners of the Riverwind Inn Bed and Breakfast, at 209 Main St., Charles and Mary Luscomb of 34 Elm St., and Sirge and Marsha Orzech, operators of Valley Press and New Era Printing, at 109 Main Street.

Court documents also list Nita Goldstein as a plaintiff.

Smith said none of the plaintiff's own abutting property to the Cumberland Farms and that the Orzechs are renters of 109 Main Street where their landlord is not a plaintiff.