Hattertown Place—

P&Z Reviews Archaeological Aspects Of Subdivision Proposal

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are reviewing an archaeological report prepared for a land developer on whether a 21.3-acre site on Hattertown Road proposed for a five-lot residential subdivision holds archaeologically significant artifacts.

Hattertown, LLC, of Pawling, N.Y., is proposing the project known as Hattertown Place on a steeply rugged site at 22-24 Hattertown Road. The existing two lots at the site would be reconfigured into five lots. The property is on the west side of Hattertown Road, north of Hattertown Road’s intersection with Poverty Hollow Road.

The pending Hattertown Place application is the latest residential subdivision proposal that the developer has pursued for the property during the past several years. Earlier versions were smaller in scale. The current version of the project gained a wetlands protection permit last January from the Inland Wetlands Commission (IWC).

As part of its review of the Hattertown Place proposal, the P&Z has required the developer to study whether the land holds archaeologically significant artifacts. It is the first time that the P&Z has required such an archaeological review, as allowed under the terms of land use regulations that the P&Z created in May 2009.

Engineer John McCoy of JFM Engineering, Inc, of Ridgefield, representing the developer, presented copies of a lengthy archaeological report to P&Z members at September 2 public hearing.

The report prepared by Heritage Consultants, LLC, in summary, states that “No significant archaeological deposits will be impacted as a result of the development project.” The report describes in detail the methodology used to make that determination.

The P&Z’s decision to require an archaeological review followed P&Z alternate member Daniel Cruson’s observation earlier this summer that the land may hold items of archaeological significance, based on site conditions. Mr Cruson is the town historian.  

The archaeology land use regulations seek to preserve significant archaeological, historic, and cultural features of land proposed for subdivisions and resubdivisions. Sites identified as being of archaeological, historical, or cultural interest would be subject to progressively more levels of research, depending upon the relative quality of a site.

If a development site holds special merit, the applicant would be required to protect significant areas through permanent preservation easements that would provide perpetual rights for limited archaeological research.

An approved subdivision map would delineate areas to be preserved and protected from development and also specify the conditions for those areas’ use. The applicant would be responsible for covering all costs related to a preservation program.

In another matter, Mr McCoy told P&Z members that the developer and the town have reached a “road work agreement,” which specifies the physical improvements that the developer would make to town roads in connection with the construction of single-family houses on the site.

Mr McCoy provided sets of final design plans for the to P&Z at the September 2 session.

The project has been revised many times during the past several years.

Past town rejections of previous development proposals for the site resulted in court action by the developer in seeking to gain land use approvals. In March 2009, the IWC had rejected a four-lot version of the project proposed for 11 acres. That rejection drew a court appeal from the developer.

Also, based on recent comments, the developer has reconfigured the proposed open space areas on the site, Mr McCoy said. The revised plans contain the same amount of open space, but situated in a new layout. There would be about 4.7 acres of open space on the site.

Public Comment

During the public comment portion of the September 2 hearing, Gloria Paproski Horbaty of Wallingford, who co-owns nearby property at 5 Hattertown Road, said she is surprised that the IWC approved the wetlands protection aspects of the development project.

Ms Horbaty asked who would ensure that the project complies with applicable wetlands regulations. She also asked whether an existing old house on the site would remain in place or be demolished.

Mr McCoy responded that the house may remain standing or may be torn down, depending on what its eventual owner prefers.

Ms Horbaty warned that Hattertown Place would have very dangerous driveway intersections with Hattertown Road due to the lay of the land there. Serious motor vehicle accidents have occurred in the area, she said, noting the poor motorist sight lines along the road.

Based on terrain conditions in the area, erosion and stormwater runoff problems would occur due to new construction, she predicted.

Mr McCoy stressed that the developer would limit the physical disturbance of land at the site as construction progresses as an environmental protection measure. Also, the developer would improve stormwater drainage conditions ion the area, he said.

All the proposed driveways meet all applicable town regulations, he said.

Ms Horbaty, however, predicted that during wintertime conditions, the area would be subject to hazardous icing conditions.

P&Z Chairman Lilla Dean said considering the environmental complexity of the development project, a town inspector would closely watch how to the property is developed to ensure that it meets applicable regulations.

In February 2008, people who live near the site proposed for new home construction had raised a variety of concerns about a different version of the development application, which was then pending before the P&Z. Those issues included traffic safety regarding motorist sight lines and school bus travel, as well as stormwater drainage control, water quality preservation, and open space access.

P&Z members are expected to resume the public hearing on Hattertown Place on October 7.