Essex Zoning Commission Continues Hearings on Cumberland Farms Rebuild, Plains Rd. Apartments to April 18

ESSEX — The zoning commission has continued to April 18 the public hearings on separate applications for a rebuild and expansion of the Cumberland Farms store at 82 Main St. in the Centerbrook section, and a 52-unit apartment complex with an affordable housing component on Plains Rd.

Both applicants agreed at public hearings Monday to extend the legal deadline for closure of the public hearings on the two applications. Zoning Enforcement Officer Joseph Budrow said the extensions will require the commission to vote on April 18 on the site plan review application from Signature Contracting Group LLC of Westport for the apartments, while the panel will have until June to act on the Cumberland Farms application.

The Cumberland Farms application includes a demolition, rebuild, and expansion of the existing store to include three gasoline pumping stations under an canopy. The new 4,250-square-foot store would include a public restroom, a new septic system, and lighting. The size of the canopy, along with the need for a third pumping station, generated the most discussion, and some objections, Monday.

Nearby residents Robert and Laurie Hernandez objected to the size of the canopy, which would be about 80-feet long, and the third pumping station. Laurie Hernandez said the applicants were ‘trying to jam and prototype onto a very small lot,” to build “something that would be at an I-95 off ramp.”

Joel Marzi, the town clerk who is an abutting property owner at 21 Westbrook Rd., said he has concerns about the size of the canopy, but would also appreciate an upgrade of the site.

Joan Wallace, who lives on the opposite side of Westbrook Rd., said she has concerns about the canopy, lighting, and also traffic flow, contending there are already traffic backups for vehicles heading north to the Centerbrook traffic light. Wallace asked if Cumberland Farms would be willing to proceed with an expansion and upgrade of the store without a third fuel pumping station.

Joseph Williams, an attorney for Cumberland Farms with the firm of Shipman & Goodwin, said an additional fueling station was key to the company’s plan to pursue an estimated $3 million expansion and upgrade of the store. Two residents, Kenneth Bombaci and Strickland Hyde, spoke in support of the project.

With several issues still under discussion, and approval of the new septic system still pending from the town health department, Williams agreed to continue the hearing to April 18.

The site plan for the apartment complex on a 3.7-acre parcel that would combine parcels at 21, 27, and 29 Plains Rd., including the long vacant Iron Chef restaurant property, has been filed under state statute 8-30g, which is intended to encourage additional affordable housing in Connecticut. The proposed 52 units in three separate buildings would include 16 units designated as moderate income housing. Each building would have a septic system, which requires approval from the state Department of Public Health.

One new development Monday came when lawyer John Bennet announced that he has been designated an intervener in the application process for Northbound 9 LLC, which owns the commercial building on the opposite side of Plains Rd. The building contains the office of Bennet’s law firm, and a local construction company.

Bennet said the objections to the project focus on the potential for “environmental damage.” Under the 8-30g law, the commission could reject the application only for public health and safety reasons.

AAUW Offers Education Grants to Area Women

The Lower Connecticut Valley Branch of AAUW (American Association of University Women) is offering a $2000 grant to women who are pursuing undergraduate education. Successful applicants will be awarded $1000 upon registration for the fall semester and $1000 upon successful academic performance and registration for the spring semester. Recipients will be chosen on the basis of personal goals, academic performance and financial need.

Applicants must be 21 years of age or older, hold a high school diploma or equivalent, be pursuing an associate or bachelor degree from an accredited college or university, and reside in Chester, Clinton, Deep River, East Haddam, Essex, Haddam, Killingworth, Lyme, Old Lyme, Old Saybrook or Westbrook.

Applications must be postmarked by May 30. Grants will be announced by July 1.

The American Association of University Women is a national organization whose mission, since its founding in 1881, is to advance equity for women and girls through advocacy, education, philanthropy, and research.

For information or an application, contact Carolyn Cohen at 860-526-8209 or lcvaauw@gmail.com.

Legal News You Can Use: What a Revocable Living Trust Can and Can’t Do For You

trustA revocable living trust (or RLT) is a widely used estate planning device, often promoted in magazine articles and at seminars.  There is no doubt that individuals and couples can achieve substantial benefits, both tax and non-tax, through the use of revocable living trusts.  It is important, however, that people considering making a revocable living trust part of their estate plans have a clear understanding of what the revocable living trust can and cannot accomplish.

Some of the benefits that can be realized through the use of revocable living trusts are:

  • Any assets titled in the name of the Trustee of the trust upon death do not need to pass through probate.
  • People who own real estate in multiple states may avoid having their estates conduct probate proceedings in each state by titling the real estate in the name of the Trustee during life.
  • A revocable living trust can provide a mechanism for managing assets in the event of lifetime incapacity. The Settlor (person who established the trust) of a revocable living trust will designate a person or financial institution to assume the duties of Trustee in the event the Settlor is unable to manage his or her finances.
  • If privacy after death is a concern, a revocable living trust may help alleviate that concern because a revocable trust does not become part of the Probate Court’s public file after the death of the person who created the trust.

As useful as a revocable living trust can be to accomplish your estate planning goals, there are some things that it cannot do for you:

  • Transferring assets to a revocable living trust will not protect those assets from your creditors during your life.  Further, most revocable living trusts have language directing the trustee to pay the Settlor’s just debts after death.
  • The RLT does not shield trust assets from the costs of long term care, such as nursing home care. Everything in a revocable living trust is considered available to pay for nursing home care.
  • A revocable living trust will not prevent assets from passing through probate unless the assets are transferred to the revocable living trust during the life of the Settlor. Assets that are not transferred to the trustee during life may pass through probate, unless those assets are payable to a named beneficiary or owned jointly in survivorship.
  • A revocable living trust will not reduce the size of your gross taxable estate. Everything in your revocable living trust will be part of your gross taxable estate when you die.  Estate tax savings may be realized as part of your estate plan due to provisions contained in the revocable trust instrument, though, such as gifts to a spouse or charities.
  • The revocable living trust will not reduce the statutory fee that your estate must pay to the Probate Court after the death of the Settlor. Connecticut statutes set forth the Probate Court’s fee schedule based on the size of the gross taxable estate, and the Probate Court does not have the power to deviate from the fee schedule.
  • Even if you transfer all of your assets to a revocable living trust, you will not be able to completely avoid contact with the Probate Court. Your trustee or executor will be required to file at least a Connecticut Estate Tax Return after your death.

Attorney Jeanette Dostie is a Director at Suisman Shapiro in New London, CT, the largest law firm in eastern Connecticut. She has a wide experience in estate planning, ranging from simple wills to complex estate plans designed to maximize estate tax savings for clients. For more information, visit www.suismanshapiro.com or call (860) 442- 4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

Letter From Paris: A Divided Europe is Too Weak to Resist Turkish Pressure

Nicole Prévost Logan

Nicole Prévost Logan

The European Union (EU) is going through what most consider the toughest times in its history.  The surge of migrants, not only from the Middle East but also from South East Asia and Africa, has provoked an untenable human crisis on the continent.  It is threatening the fundamental principles on which the (EU) was built.  In desperation, Europe turned to Turkey for help and became the prey of an authoritarian government whose main objective is to force its way into the EU.

More than ever Angela Merkel has become the homme fort  (the strong man) of Europe.  She is the only one among the 28 heads of state of the EU to have taken a clear stand on how to manage the migrant crisis – albeit without a well-thought-out plan.  The general opinion here is that, as a good pastor’s daughter, she has been motivated by a sense of moral duty when she opened her arms to the migrants at the end of 2015.

German Chancellor Angela merkel shakes hands with Turkish President Recep Tayyip Erdogan after the historic agreement between the European Union and Turkey.

German Chancellor Angela Merkel shakes hands with Turkish President Recep Tayyip Erdogan after the historic agreement between the European Union and Turkey.

On the flip side, her methods have irked many Europeans such as her several one-on-one talks with Turkish President Recep Tayyip Erdogan.  The day before the crucial March 7 meeting in Brussels, she met Turkish prime minister Ahmet Davitoglu for a six-hour long discussion, which lasted late into the night in an hotel near the Commission.  The only officials present were Jean Claude Junker, president of the European Commission and Netherland Mark Rutte, president of the Council of Europe (not to be confused with the European Council).

The French daily Le Monde described what happened in an article titled, “The night when Angela Merkel lost Europe.”  On the morning of March 7, diplomats and EU officials were stunned to discover the text of the pre-agreement.  None of them had been in the loop, not even Donald Tusk, president of the European Council, who had talked to every single EU leader state seeking  to create a consensual policy.

To speak in the German Chancellor’s defense, however, one should stress the pitiful lack of solidarity between the 28 EU members.  From the start the Visegrad group (Poland, Slovakia, Hungary and the Czech Republic) – a remnant from the former Iron Curtain countries – closed their borders to the migrants.  Other East European countries like Bulgaria and Rumania are also opposed to mandatory refugee quota.

The chancellor felt betrayed when, on Feb. 24,  Austria called a meeting of the Balkan states to stop the influx of migrants. Greece, the Balkan country most affected by the migrant crisis, was not invited.  Neither Brussels nor Berlin was notified.  David Cameron is too embroiled with his Brexit issue to get involved.

France has its own problems — it is still recovering from the Nov. 13 terrorist attacks, it does not want to help the right wing Front National by opening its borders too much and it is busy fighting radical Islam in five countries of the Sahel.  The “Franco-German couple” was described by some people as “moribund.”

As regional elections were approaching, Merkel made a 180 degree turn by tightening her immigration policy.  It was back to realpolitik lest public opinion forgets that she is a tough politician.

The German elections on March 13 did reflect the growing opposition to the influx of migrants.  The populist parties made substantial gains in the three Landers, both in the affluent West and in the remnant of the poorer RDA :  in Bad Wurtenberg the Alternative for Germany party (AfD) gained 15.1 percent and in Rhineland Palatinate 12.6 percent.  In Saxe-Anhalt , AfD placed second, right behind the Christian Democratic Party (CDU) with 24.3 percent of the votes.

Daniel Cohn Bendit, former “green” euro-deputy commented, “What is important is that 55-60 percent of the German population still supports Angela Merkel’s policy regrading the migrants.  Such scores would make many politicians green with envy.”

On March 18, the negotiations  between the EU and Turkey toward the final agreement looked like a haggling process with a “toxic but needed partner,” to use the words of Pierre Servent, military expert.  Immediately the text raised violent criticisms across the board.

The plan concocted by Davitoglu is complicated, requiring extremely challenging logistics to implement.  The objectives are to stop the drownings, curtail the despicable activities of the passeurs (smugglers), legalize entry into Europe of  persons entitled to asylum and send back to their countries of origin the “economic refugees.”  From now on all the migrants arriving in Greece – whether “real” refugees or not – will be shipped back to Turkey.  Then, for one Syrian refugee leaving Europe, one Syrian refugee will return to Europe through an humanitarian corridor.

Turkey will be the central player of the plan, which it will co-steer with the UN Frontex agency.  For this job Turkey expects to receive another three billion Euros.  Some commentators describe the whole process as a mass deportation. Legal experts find the plan to be a violation of human rights as written in the European constitution and in the 1949 Geneva convention on the right to asylum.

The task is herculean, commented Jean Claude Yunker.  A heavy responsibility is being placed on Greece.  Judges, translators, and up to 4,000 people will have to be hired to process the human flow.  France and Italy worry that the migrants, in order to avoid Turkey, will look for other access routes to Europe .

Turkey demanded two sets of compensation for services rendered: simplification of visa requirements for Turkish individuals traveling to Europe and acceleration of Turkey’s acceptance into the EU.  At first the European negotiators wanted these topics to be red lines not to be crossed.  They had to be satisfied with the inclusion of a few caveats in the text — 72 criteria for obtaining a visa; only one chapter open for the membership discussion and not five as Turkey wanted.)

It is to be expected that Europe will drag its feet to accommodate Turkey.  After 52 years, its position on Turkey still has not changed — it does not think Turkey belongs in Europe.

The migrant crisis has left Europe weaker, not very proud of itself and more divided than ever.

Editor’s Note: This is the opinion of Nicole Prévost Logan.

Nicole LoganAbout the author: Nicole Prévost Logan divides her time between Essex and Paris, spending summers in the former and winters in the latter. She writes a regular column for us from her Paris home where her topics will include politics, economy, social unrest — mostly in France — but also in other European countries. She also covers a variety of art exhibits and the performing arts in Europe. Logan is the author of ‘Forever on the Road: A Franco-American Family’s Thirty Years in the Foreign Service,’ an autobiography of her life as the wife of an overseas diplomat, who lived in 10 foreign countries on three continents. Her experiences during her foreign service life included being in Lebanon when civil war erupted, excavating a medieval city in Moscow and spending a week under house arrest in Guinea.

Nibbles: Enjoy Gluten-Free Apple Crisp, Try Tiano Smokehouse

Gluten-Free Apple Crisp. King Arthur Flour photo

Gluten-Free Apple Crisp. King Arthur Flour photo

I love social media, but before I tell you why I do, here is what I do not love. I never, ever have a meal, at my house, someone else’s house or in a restaurant with my cell phone next to my plate. If I forget to turn my phone off at a movie, I turn it off as soon as the note on the screen asks. If I am in a meeting and forget to turn it off and someone calls me, I turn it off without looking to see who called.

I don’t text. My friends know that. As soon as someone tells me why I should text, I listen to their reasons. No one has yet convinced me.

Here is what I love: I have met friends from high school, many decades ago, and I am thrilled we are “friends” again. I love seeing what cookbook authors, chefs and teachers are up to. I love the fact that I can order tickets, books and gift certificates for myself, my friends and my children and grandchildren.

Yesterday I bought four sets of tickets for the UConn women’s basketball games at Gampel. When the brackets were set, UConn e-mailed me the tickets. I print them.

I also love that I can “meet” friends I have never met. Seven years ago, I wrote about the fact that my husband had died. Sybil Nassau had just lost her husband and we e-mailed back and forth for years. A few weeks ago, we met at the Shoreline Diner in Guilford. She reads my columns; I e-mail her when I know about gluten-free menus, recipes and new products. She herself is gluten-intolerant (though she does not have celiac disease). I am not.

She is branch manager of GIG, Gluten-Intolerance Group. Her daughter writes the newsletter. She gave me a copy in which there are a dozen recipes. So many supermarkets have shelves and shelves of gluten-free products. Even the King Arthur catalog has pages and pages of gluten-free products (kingarthurflour.com). This recipe looks great.

Gluten-Free Apple Crisp

4 cups apples, peeled and sliced
1 tablespoon sugar
2 tablespoons water
1 teaspoon cornstarch
2 teaspoons ground cinnamon, divided
1 pinch nutmeg
½ cup almond flour
1/2 cup certified gluten-free old-fashioned oats
1/4 cup brown sugar
2 tablespoons softened unsalted butter

Preheat oven to 350 degrees. Coat a pie dish with cooking spray. In a large bowl, toss together apples, sugar, water, cornstarch, 1 teaspoon cinnamon and pinch of nutmeg until well combined. Set aside.

Make the oatmeal topping*: In a bowl, gently combine almond flour, oats, brown sugar, 1 teaspoon cinnamon and butter until crumbly.

Place apple mixture in the dish. Sprinkle topping evenly over the apples and bake for 25 to 30 minutes, until apples are cooked through, juices are bubbling and topping is browned. Serve hot, warm or at room temperature.

*You can quadruple or even more, then save the topping in little plastic and freeze for more crisps you might make.


Tiano Smokehouse

On a recent Sunday morning, before I had to drive to Middletown to judge chocolate at Chocolate to the Rescue, a fundraiser for Columbus House, I read a review in the New York Times. Tiano Smokehouse, a barbecue restaurant in Middletown, got a rave from Rand Richards Cooper. As Joan Gordon and I drove to Middletown, we talked about stopping at Tiano to get some ‘cue. (Joan is the only friend I have who would, for sure, go to a restaurant right after we judge chocolate.)

What a find this place is. We took lots of food for takeout. I ordered a pulled pork dinner—half a pound of pork so perfect that I never added barbecue sauce on it, creamy mac and cheese (they also have one they called macaroni Alfredo), creamed spinach and a luscious piece of cornbread. I figured I would eat half that night and the rest the following night. Ate it all in one sitting.

Tiano Smokehouse, 482 South Main Street, Middletown, 860-358-9828

About the author: Lee White has been writing about restaurants and cooking since 1976 and has been extensively published in the Worcester (Mass.) Magazine, The Day, Norwich Bulletin, and Hartford Courant. She currently writes Nibbles and a cooking column called A La Carte for LymeLine.com and the Shore Publishing and the Times newspapers, both of which are owned by The Day.