001Okay. Hello everyone and welcome to the June 2nd, 2026 meeting of the Litchfield Planning Board. Will everyone please stand for the Pledge of Allegiance? >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay, next up we have roll call members present. Jared O'Connell, chair. >> Travis Tucker, vice chair. >> Russell Blanchette, member. >> Diane Flinski, selectman's representative. >> Jesse Know, member. >> Nita Riley, member. >> And today we have Jamie Carr from the NRPC here, but not our planning board administrator tonight. Um so next up is public input on non-agenda items. Are any members of the public Would any members of the public wish to come forward and comment on something
002that's not on our agenda? Seeing none, so we'll close public input. Uh we only have one item on our agenda tonight, uh or one main item on the agenda tonight, and that is um a subdivision application to convert existing duplexes on tax map 3, lot 29-1 and 29-2 into four condominium units. The addresses would remain one and three Talent Road on lot 29-1 and five and seven Talent Road on lot 29-2 Owner of record is K&M Developers LLC. Uh is the applicant present? And would you like to introduce yourself? >> Absolutely. Um thank you, Mr. Chair, members of the board. My name is Pete Madsen, uh project manager at Keach Nordstrom Associates in Bedford. Um here tonight to represent the owner and applicant, K&M Developers. Um Last time I was in front of you guys,
003I think I see some new faces, um but uh we're here in uh March of last year, 2025, to do the actual subdivision for the two properties here. That's obviously was completed. Work has been done out there. The units are now constructed, and the owner developer is looking to convert them to condos. Therefore, we need subdivision approval from you folks. Um, really not a lot on this one. I think it's pretty straightforward. I have some condo plans to show you guys if you want, if you're curious. We have condo docs, declaration, everything required there, covenants, all that stuff, which should be included in your packet. So, really just here to answer any questions that you guys may have. Thank you. >> Okay, thank you. So, first we have to accept the application as complete. So,
004Jay, do you know if all the fees have been paid? >> Yes. >> Yeah, all other requirements met? >> Yes. >> Okay. In that case, would someone like to make a motion to accept the sub-subdivision plan as complete? >> So moved. >> Second. >> Okay, we have a motion and a second. Any further discussion? All those in favor of accepting the application, please signify by saying I. >> I. >> Those opposed, abstain. Motion passes 1 2 3 4 6 0 0. Okay. Um, so yeah, next up, anyone have any questions for the applicant? Or for Jay? >> Um, I I was just going to say just maybe the applicant could just kind of walk through. I think for a lot of people are probably not familiar with a, you know, condominium conveyance on a property
005like this. So, I'll just kick it off, but so the lots that were approved previously remain the same. There's really no change. But under state law, a condominium conveyance is technically considered a subdivision. So, it's actually not something that we address specifically in our regulations. So, all of the other subdivision requirements, you really don't come into play. The plan does reference the prior subdivision approval, but it is required by statute that they receive approval from the planning board before you file with the state. So, as noted, the plans include the declaration of condominium that was submitted along with the application as well as the bylaws because there will have to be directors because it's comprised of just the owners of each. And and maybe you could walk through the plans, but they essentially the conveyance
006would include what's known as limited common area, which is the parts the portions of the lots most of the lots, which would be dedicated to the use of each individual unit exclusively and then common area. So, I don't know if you want to kind of elaborate. >> Yeah, no, Jay, that was pretty well put. Happy to answer any questions you guys have on the plans themselves, but yeah, Jay summed it up pretty perfectly there. >> So, the utilities, septic systems, etc. would all be common land. >> So, the the land remains yours, but the condos are put upon them, so the land is still maintained by you or >> By us, you're saying that No, so these are going to be sold individually and then the >> Including the land? >> Yes. Yes. >> Yeah,
007so the >> [clears throat] >> all the all the documents specify who's responsible and how that works to make it so that even though two people own different parts of the same building on the same lot. >> It's like snowdrop. >> Yeah, like snowdrop. Okay. >> All of your septics are >> Besides the leach >> They have their own tanks. But the leach field is shared. That's it. >> Yeah, so I'll just point this out. We have a leach up here which is common. Same thing on this lot, leach field is common. But the individual tanks are on either side to be maintained by each owner of each condominium or each unit. And then as Jay was saying, the limited common areas are kind of spelled out here and and what certain things go, you
008know, HVAC unit is called out for certain limited common areas. It's like a deck on the back of each unit. So, and that's all spelled out um in those documents as well. >> So, with the line that goes down basically the center that says, "Okay, on this side is limited common area area for this lot. That side is limited common area for this lot except for these utility things which are common." And then the building facade which is common. >> Yeah, it excluding the the leach field which is shared between both. >> Okay. Do you all have any other questions? >> Yeah, what happens when the leach field goes? How does that process work? >> Uh there should be things in there that talk about maintenance, um who's responsible if it's I don't know exactly
009how it's spelled out there, but there there's maintenance in there that addresses that. >> And there's the board of directors from both of the units that would have to decide on an investment to improve it. As well as presumably the roof or something like that that would go it would be fall to the association of two owners. >> Yeah, that's >> funny it's only two. >> But yeah. >> Yeah, it definitely the wording definitely feels like >> Yeah, larger, right? >> Right. >> Same level formality as a big condo association in those cases. >> But it could be more, you know, more than that, more than the two that there are. So. >> Yeah, I think it's I think it says the owners. So, if two people own a unit then each unit there'd be
010four people. So. >> Okay. Okay. >> Do you agree? >> So, yeah, in the on the planning board portal, we have the submittal package, which has all of the technicalities, um including the narrative and the declaration of condominium. So, yeah, there is where a lot of the Well, that's where everything's spelled out. Um >> And should you get to the point of a motion, I think one motion would suffice, but it is two separate plans. >> Okay. So, if we do two one motion, we'd probably have to say for [snorts] 1 3 5 and 7 Top uh Tailored Road. >> Right. >> And tax tax tax tax map lot three lots 29-1 and 29-2. Yeah, these scanned documents you can't search. Yeah, I have to go through all of them. Yeah. >> [laughter] >> And
011yeah, for like I'm assuming this might be the section that would talk about the requirements for like Litchfield that says common expenses in addition to the statutory meeting where appropriate to the context hereafter, common expenses shall also mean and include those assessments and expenses necessary to operate the property for the mutual benefit of all owners. Said common expenses shall include, but will not be limited to improvements of said common areas and expenses associated with maintenance, replacement, snow removal, insurance, and landscaping on all or on the common areas, all of which shall be the joint responsibility of the members of the unit owners association. It shall be It It shall also mean maintenance, repair, and improvements of limited common areas, which are the responsibility of the association in the first instance, even though an individual owner
012may ultimately be reliable for such expenses. >> Okay, so as I see it then, there's there's two condo declarations, really, right? >> Yeah, there's one for each in there. They're nearly identical, except for the unit reference, yeah. >> Okay. >> Um could you explain um how it works with the uh sh- the responsibility of the association versus uh individual owners for the limited common areas? >> Um in regards to anything specific or >> Like just Like what Like obviously, each person has their own side, and each person might want to make like do things to each side. >> Right. >> And it basically says that it could be each individual unit owner may be liable for such expenses, but it's the responsibility of the association in the first instance. What types of things would fall
013under this? >> Can you point out where that is, actually? >> That is page two of the submittal, uh definition C. >> Okay. Um in order to put my uh attorney pants on, I guess, here tonight. Um All right. So, it's maintenance. All right. So, you're saying maintenance, repair, and improvements of limited common areas. That's where you're That's what you're reading. Okay. >> We have an expert. >> Yeah, if Manny Yeah, go right ahead. You're You're the developers, so you know You know this better than I do. >> Uh Manny Sousa for Cayden Developers. How are you guys today? Thank you very much for your time. Um so, what it's basically saying there is in concept of these the two unit owners, because it it's a two-unit building. Um they are responsible for their own
014costs walls in, which is basically the inside of the home. Anything that happens with the inside of the home, outside on maintenance, it's it's um a kind of work it out together. Like it let's say uh one of them had children, the other one didn't, and they hit a baseball through the window. It's not the association's responsibility. There's a work it out there. But, that wording in there also is because you can expand these units. There is area that they can do sunrooms or whatever, and that is written in there in the legal way that nobody understands it to say uh let's say they put unit one puts a sunroom on, unit two doesn't have it, or you number three doesn't have it. The expenses will if the the square footage expands, the expenses will
015be prorated for that part of it, and um uh and vice versa. Roofs go, they're they're in it together. They got to work it out. If the leach field goes, they got to work it together. It's um So, everything walls in is is very well explained because your unit you take it. Um the walls out part of it, anything that is to keep it weather tight or could affect the other condominium owners uh well-being in their unit, that now comes together unless it's a problem that's uh produced is the word I'm looking for or or from like owner uh >> between the two. >> Yeah, owner misuse or anything like that. So, there's there's a gray area in there um and this was We've done a bunch of these and this was written back through
016the attorney because the finance companies, as they were getting to underwriting, wanted different wording in the bylaws. So, these have been adjusted over time and this is it's kind of to meet the financing regulations of what they're looking for and the insurance companies cuz they get a common policy on the um on the building itself and then they get contents insurance for their own inside part of it also. So, it's um it's again, legal jargon, however you want to call it. Um And I'm not an attorney, but I've been with them for a long time and and this is all kind of adapted and evolved along the way as we've done these and this is it meets like all the FHA standards for their, you know, first time buyers and and all that stuff uh
017that meets all their requirements for underwriting so that it can get done. >> Okay. Thank you. And I'm just curious though, it doesn't really matter. Like for a two-unit building like this, how big of a leach field ends up being put in for the shared units? >> It's a six-bedroom >> Yeah, six >> six-bedroom leach field. >> Yep. >> Okay. >> And then they each have their own individual >> tanks, yeah. >> 1,500 gallon tanks. >> gallon tanks. >> So. >> Nice. >> I'm curious, do we have any of these Do we have any other of these in our town >> Yeah. >> that I can think of? >> The connexeses? >> Well, >> that are like this. >> This is the first time we have seen um a condominium conveyance of a duplex come
018to us. I There several in Hudson. Yeah, familiar with. >> Yeah, we have the connexes um in recent like within the last year. >> Yeah, I don't remember it. >> That was I can get you the address. That was >> This is very similar to a project you I know you're familiar with in Hudson that had Manny worked on a few years back. Very very similar thing. But that was In that case you mentioned, you know, for larger developments that was much larger than this. >> The whole connex theory is going away a little bit. And again, it's with legal jargon and the underwriting and everything they've all kind of wanted it to go towards condominiums. So, in theory it is a connex, but it's being done as a condominium. >> What would the legal
019difference be? >> Uh I'm not I I wish I had the answer for you. I'm I'm not >> terminology more than anything. >> Yeah. Yeah. Um >> It's all all it is is just who's responsible for what? >> Yeah, connex is just a shorthand because it's condo and duplex. >> And and connexes in a lot of the old And this is going back cuz I hadn't done them for years. But there was issues with it being having nothing really common written to it. So, if one side didn't take care of one side and the other did, one side of the unit would kind of go to the pits and the other one would be well kept. And this kind of gives uh everybody that buys into that building uh a say in a in a
020some type of ground to or ground to kind of make sure that their neighbor keeps up with their spot of it, too. So. >> And the uh according to this document, it's like the exterior and stuff like that, that's shared responsibility. So, >> Correct. On a con- On most connexes that wasn't written that way. They drew a line down the middle of it. This is your spot, this is ours. >> Okay. >> And then you when those were really popular, you'd see people replacing half the roof. And it wouldn't match and and done. So, I think that in concept, that's kind of why they've gone over to condominiums and and got to this point. >> Yeah. >> I I can't speak for it. Perfectly legal. I I can build them upside down, but I I
021don't know the legal jargon of it. So. >> So, the last connexes we had was on Juniper Court, right off of >> That's right. I forgot about that. That's right. I forgot about Juniper Court. >> Yeah. So, that was like a very offset one. >> Yeah. So, that's the last one that I remember recall. >> But these were built with the intention that you're fulfilling right now. Is that correct? >> Yes. >> Correct. What actually happened with this and I think it's cuz it we kind of copied the Hudson way and it didn't necessarily work the same way in this. We did the approvals and this kind of slipped through our cracks on the approvals and now I'm getting to the point where I was going to go cuz they're substantially complete. I was going
022to go I got them all certified and I was going to have my attorney go ahead and and record these at the registry of deeds and we kind of went through it and then and they found that this slipped through the cracks. This actually should have been done. >> could have done it at the same time as the subdivision at the same time as the original because >> We didn't build these ever to rent them. They were always built to be sold. So, in order to do that, you need to have that separate. >> I'm guessing it's hard to find someone who wants to buy both units at the same >> Yeah. Yeah. I've actually you Funny, I've had lately I've had a couple families that were thinking of doing it. >> Cuz I would
023skip this requirement. >> No, you still probably legality-wise want to keep it separate anyways if it's >> Yeah, if one were to be sold separately at any point. >> Mhm. >> Yeah. >> But even if I was as a If I was buying them as an investment to rent them, I would still We them separate. For liability terms and all that stuff. So. >> Mhm. >> Okay, does anyone have any other questions for the applicant? Um. If not, then we could conditionally approve it with >> Well, let us see if there's any public input. >> Um, is there any public input on this item? Seeing none. Um. Anything else? Okay. So, in which case we could probably make a motion to conditionally approve it with the standard conditions of approval. >> All right. I can
024give that a shot. Are we doing We're doing them all together? >> Is there Anyone see a reason to do them separately? >> see a reason to separate them out. So, uh, Mr. Chairman, I move that we conditionally approve the sub sub division application to convert the existing duplexes on tax map three, lot 29-1 and lot 29-2 into four condominium units. Addresses remain one and three Talent Road on lot 29-1 and five and seven Talent Road on lot 29-2. >> Okay, we have a motion. Do we have a second? >> I'll second. >> Okay, we have a second by Jesse. Any further discussion? Okay, all those in favor of conditionally approving the subdivision, please signify by saying I. >> I. >> All those opposed, abstain. Motion passes 6-0-0. Okay. >> Thank you, folks, for your
025time. >> Appreciate it. >> Have a great rest of your week. >> You as well. >> Okay. Next >> Jake, good to see you. Good to see you. >> Next is uh, committee reports. So, uh, Any committee reports? >> Um next month we've had a two weeks off for the select board. We meet again on Monday at 6:00 for for paperwork and meet at 7:30. I believe we have a non-public that we're going to start before that. And then we're heading in and the agenda can be found on the town page. We've been working on the 250th celebration. The funding for that is complete. Most of the projects for that are complete and every household in Ridgefield should have received beautiful little flyers saying what was going to be going on to celebrate that during
026the month. Um there's four or five different events going on different times. It's been enough to keep me busy. >> Cool. Um have there been any meetings that you've been in recently? >> No, um but we have our circumferential highway meeting on the 11th of June, I believe, right? >> Mhm. >> Yeah. Um I think that's a Thursday night, if memory serves. And um so we're a little off schedule to you folks at home that were expecting us the third Wednesday. It is not because we couldn't get a room. So. >> No, we actually were waiting for our guest of honor. >> Oh, well, of course. >> things that we discussed last meeting that we needed an expert in >> Absolutely. Absolutely. And for you, we will wait. >> Thank you. >> Absolutely. >> [laughter]
027>> It wasn't a meeting without Jay this time. >> So. So that's all I got. >> Thank you. Any >> CIP met last night. Um brief meeting. We're just kind of going over the CIP form for requests from departments. Um I think we're going to look at it over the next month. Kind of make some decisions. If anybody has any input, feel free to to to email and I'll get it back there. Um our next meeting will be, I believe, August the 3rd. Um, and then I think we will also go through some some requests that have been submitted then. So, I'll have better update for you all then. >> Okay. Thank you. Okay, I think that's it for committee reports. So, next we have uh approved the um May 19th, 2026 minutes. Has everyone
028had a chance to review them? I reviewed them and I didn't see I didn't notice any errors. >> Yeah, same. >> They look good. >> There was nothing that stood out to me. >> Um >> You guys discussed a lot of stuff while I was gone. >> [laughter] >> Don't worry, it'll all come back next next meeting. >> Yeah. So, yeah, we um Yeah, we spent a lot of time discussing the proposal for the uh stormwater regulations. A lot of them are like, "This doesn't really make sense for Litchfield, but they want us to do it, so we'll do it even though it really won't change anything in the in the real life." Um and also considerations of should we narrow should we allow like narrowing of roads and lowering the diameter of cul-de-sacs or
029not because it would potentially cause problems with emergency services and the road agent. So, um and also alternative pavements for sidewalks, and we made we determined that we should probably um require a maintenance plan be approved by the road agent if for a non-standard road type to be accepted. >> And I will be meeting with the internal review committee also on the 11th to discuss the MS4 stuff. >> Thanks. >> Mhm. >> Great. >> Okay. So, no proposed amendments for the meeting. It was just me Travis, Russ, and Jesse. >> We lost power right before the meeting. >> Oh. >> So, I wasn't able to quite make it here. >> Mhm. Okay. In that case, would someone like to make a motion to approve the May 19th, 2026 minutes. >> So moved. >> Okay, I
030have a motion. Do we have a second? >> Second. >> Okay, I have a motion and a second. Any further discussion? Okay, all those in favor of approving the May 19th, 2026 minutes of the planning board, please signify by saying I. >> I. >> All those opposed, abstained. >> Abstained. >> Motion passes 4 0 2. Okay. Uh any other business for this evening? >> I have nothing. >> Okay. >> That was a short one. >> Short. >> Yeah, that's that's a half hour. >> [laughter] >> I don't put the kids to bed. >> Your wife will be happy about that. >> Okay, in which case um would uh someone like to make a motion to adjourn? >> I move that >> Yep. >> The motion by Dan. >> I'll second that. >> Second. Okay, uh
031any further discussion? All those in favor of adjourning, please signify by saying I. >> I. >> Opposed, abstained. Motion passes 6 0 0. Okay, thank you for uh watching uh the planning board meeting, and our next meeting will be the third Tuesday of the month. >> Which is the 16th, right? >> Uh yes, 16th. >> Yeah, excellent. Okay, be there be square. And we have next time