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RD GENNEWS

The Debate Continues On The

`Whispering Pines' Development

B Y A NDREW G OROSKO

Residents living near the site eyed for the controversial Whispering Pines

residential subdivision have criticized a scaled-down version of the

development plan, arguing that the project should be cut back even further.

About 100 people attended a Planning and Zoning Commission (P&Z) public

hearing June 20 on M&E Land Group's proposal for a 16-lot subdivision on 26

acres in Sandy Hook, in the area of Cherry Street, Pine Street, and

Narragansett Trail.

M&E has proposed the 16-lot version of Whispering Pines in response to the

P&Z's April rejection of a 19-lot plan, which had drawn heavy criticism from

area residents. P&Z members rejected the 19-lot project due to their concerns

over excavation, drainage, grading, erosion and sedimentation.

P&Z members took no action on Whispering Pines June 20. The public hearing

will be reconvened at a future P&Z meeting to accept technical reports, both

favoring and opposing the project, but further public comments won't be

accepted. After the P&Z closes the hearing, it will have 65 days to make a

decision.

Area residents' criticisms of the development proposal June 20 focused on

fears that drilling 16 new domestic water wells for Whispering Pines would

deplete existing well water supplies in an area known for its unreliable

wells.

Resident Michael Salvatore of 59 Buttonball Drive, a member of the Rocky Glen

Area Association, said the project would result in two houses being built

behind his residence. The 16-lot proposal is only slightly different than the

previous 19-lot proposal, he said. Sixteen new homes represent many new

residences for an area which already is densely built, he said.

Mr Salvatore asked who would pay to correct any problems arising in area

residents' domestic water wells due to the new wells drilled to serve

Whispering Pines. He further asked why area residents should be required to

cover any repair and improvement costs for their wells that stem from new

wells in a new housing development.

"It has to be turned down," Mr Salvatore said of the 16-lot development

proposal. Cutting the project from 19 lots to 16 lots isn't a sufficient

reduction, he said.

"We'd ... like to see it condensed a little bit," he said.

The town needs better management of its residential growth, he said, drawing

applause from audience members.

Eric Roundy of 42 Buttonball Drive, who is vice president of the Rocky Glen

Area Association, submitted to P&Z members a petition bearing approximately 90

names that opposes the proposal. The petition states the construction project

poses a clear danger to existing water wells. It adds that the project would

involve too much excavation and would be built in an area with slopes that are

too steep. The petition adds that Whispering Pines poses a threat to the

health, safety and welfare of a densely developed section of town.

Sixteen new houses isn't much different than 19 new houses, Mr Roundy said.

"The water supplies in our area are very, very dicey at best," he said.

"The land is saying to us `Don't build here. I'm too steep. I have too many

contours,'" Mr Roundy said.

"We're looking for reason. We're looking for common sense. We're looking for

respect for the land," he said.

"People in this town are waking up to the fact that, for the past several

years, we have over-developed the town," he said.

Mr Roundy said his property would be right next to the development. "I'm an

abutter. I've got a (new) house in my lap. I'm within spitting distance of

their back deck," he said.

The town needs land use regulations that are reasonable, to assure a

reasonable growth rate and the protection of the local quality of life, he

said.

Jack McGarvey of 8 Fleetwood Drive, president of the Rocky Glen Area

Association, said there's very little difference between the initial 19-lot

proposal and the pending 16-lot proposal.

Mr McGarvey said the 38,000 cubic yards of sand and gravel that the developers

would move off the development site represents "a tremendous amount of

material."

When they scaled down the development project from 19 lots to 16 lots, the

developers reduced the proposed amount of excavation from 50,000 cubic yards

to 38,000 cubic yards.

McGarvey termed Whispering Pines a gravel mining operation disguised as a

residential subdivision.

The P&Z's role is to act in the interest of public health, safety and welfare,

he said, terming Whispering Pines "a terrible plan."

"We want protection from unreasonable projects that are going to damage us,"

he said.

Whispering Pines needs to be scaled down further, he urged, drawing audience

applause.

At Mr McGarvey's request, the P&Z granted the Rocky Glen Area Association

"intervener status" in the Whispering Pines land use review process, making

the association a third party to the proceedings.

Mr McGarvey said June 25 the association is seeking to hire a geologist to

review environmental aspects of the development proposal.

Maguire Responds

Thomas Maguire, a partner in M&E Land Group, objected to comments made about

him and his partner, Larry Edwards, in the Rocky Glen Area Association's

newsletter, known as "The Glen." Mr Maguire said those comments have damaged

his reputation as a developer and builder.

Mr Maguire claimed his reputation has been destroyed by repeated attacks on

his residential development projects, charging that "The Glen" contains

personal attacks against him.

"I'm not perfect and neither is Larry Edwards, but we work hard," Mr Maguire

said.

Cindy Tilson of 85 Alberts Hill Road, a developer, builder and realtor, said,

"I find the negative publicity that's appearing in the paper to be very

upsetting." Ms Tilson formerly lived on Buttonball Drive.

Developers who build here take great pride in Newtown, she said.

Due to the town's strict de velopment rules, many builders and developers

don't want to work in Newtown, she said. Ironically, that comment was met with

applause from the audience, which largely opposed the 16-lot Whispering Pines

development.

"I think growth is good in Newtown," Ms Tilson said. She said she's proud of

the many houses being built in Newtown and she's proud to sell them.

Developers don't "over-submit" construction plans, which they then expect to

be cut back by land use agencies, she added. Mr Maguire has agreed to cut

three lots from the original 19-lot proposal, she said, noting that reducing

the number of lots reduces his income on a project.

The town's land use officials are fair people, she said. The P&Z is a capable

agency that does a good job in reviewing land use proposals, she added.

Ms Tilson said neighborhood groups who oppose residential development have

promulgated much misleading information.

Developers aren't the "bad guys," she said, adding that developers live within

the town's land use regulations.

Ms Tilson's comments drew applause from a group of builders and developers,

who attended the session.

Specialists

Irving Chann of I.K. Chann Associates of Wilton, a traffic engineer working

for the developers, said the development wouldn't create an adverse effect on

area traffic and roadways.

Area residents have charged new development will worsen traffic hazards in an

area where motorists speed on narrow winding roads.

Russell Slayback, a hydro-geologist employed by the developers, performed a

water supply feasibility study for M&E Land Group. Mr Slayback is with

Leggette, Brashears and Graham, Inc, of Trumbull.

Mr Slayback said he believes that wells can be drilled to provide adequate

water for the proposed new homes, adding that he sees no reason why the new

wells would deplete water in the existing nearby wells.

Mr Slayback noted, "Many people in the area live on short rations of water and

it is `touch and go' in dry summers."

The most serious water supply problems in the area exist atop hills, such as

the Black Cherry Lane area, he said.

Water supply problems become most evident when wells with marginal water

yields are used during extended dry periods, he noted.

The are various ways to increase the water yield of existing wells, such as

re-drilling wells to lower depths and using the "hydro-fracturing" technique,

he said.

Improving the water yield of existing wells would be the financial

responsibility of those wells' owners, not the developers, he said.

"As the commission knows, this is not a popularity contest," said attorney

Robert Hall, representing M&E land Group. Commission action isn't based on the

public's like or dislike of a proposed development, he added. The matter comes

down to whether the proposal meets the planning regulations, he stressed.

Reducing the number of lots from 19 to 16, and reducing the amount of

excavation required for construction repre sent major changes in the

Whispering Pines project, he said.