Date: Fri 02-May-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Tamarack-Woods

Full Text:

May 8 Hearing Set On Tamarack Woods

B Y A NDREW G OROSKO

The third version of Tamarack Woods, a controversial, proposed 10-lot

subdivision on 33 acres, is scheduled for a Planning and Zoning Commission

(P&Z) public hearing May 8.

The hearing is slated for 7:30 pm at the town land use offices at Canaan

House, Fairfield Circle South, Fairfield Hills.

M&E Land Group is seeking P&Z approval to develop the land within the triangle

formed by Tamarack Road, Sanford Road, and Echo Valley Road. The site is

across Sanford Road from Upper Paugussett State Forest and Lake Lillinonah.

Tamarack Woods has been the subject of three lawsuits - two filed by nearby

property owners seeking to prevent the project, and a third filed by M&E over

the P&Z's rejection of a previous version of the project.

In its third version of Tamarack Woods, M&E proposes creating 10 building lots

which would be served by driveways leading from the three roads surrounding

the site. Five driveways would enter from Sanford Road; four driveways would

front on Tamarack Road; and one would enter the site from Echo Valley Road.

The plan involves building a driveway crossing in a wetland, widening Sanford

Road, and installing drainage structures along Sanford Road and Tamarack Road.

The third version of the project is similar to the first version of Tamarack

Woods which M&E Land Group withdrew from P&Z consideration last summer,

following strong opposition at a public hearing from some nearby residents.

Recently, an Echo Valley Road couple sued the Conservation Commission and M&E

Land Group over the commission's granting M&E a wetlands construction license

for the third proposed version of Tamarack Woods. In the lawsuit, Mae and

Robert Schmidle of 53 Echo Valley Road ask a judge to restrain the

Conservation Commission from granting a wetlands construction license to M&E

on its application to allow a driveway crossing in a wetland, and also to

widen Sanford Road into a wetland area. The Schmidle property abuts the

development site.

"The wetlands and the underground water will be irreparably harmed if the

commission permits the proceedings, and (if) no stay is granted during the

pendency of this appeal," the lawsuit states.

The Schmidles are represented by attorney Cordalie Benoit of 36 Sanford Road.

In March 1996, Ms Benoit was the plaintiff in a now-defunct lawsuit against

the Conservation Commission and M&E over the commission's granting a January

1996 wetlands construction license to M&E for its first version of Tamarack

Woods. That lawsuit raised claims similar to those stated in the pending

Schmidle lawsuit.

Also, M&E Land Group has a lawsuit pending against the P&Z over its December

1996 rejection of the second version of Tamarack Woods.

In December, P&Z members said the project didn't meet their standards for open

space land donations. In the second version of the plan, a street leading from

Tamarack Road onto the 33 acres would serve nine of the 10 lots.

In turning down the second version of Tamarack Woods, P&Z members suggested

the developers devise a plan in which access to the homes is provided from

Tamarack Road, Sanford Road, and Echo Valley Road, thus spreading the traffic

flow onto the three streets, instead of having almost all traffic enter the

site from Tamarack Road. The third version of the project is similar to the

first version of Tamarack Woods which M&E Land Group had withdrawn before the

P&Z acted on it.

Opponents of Tamarack Woods have charged that development in the isolated area

would hurt its rustic character, pose environmental hazards, create traffic

problems, jeopardize the adequacy of existing well water supplies, and

potentially damage archaeological artifacts. Tamarack Woods opponents contend

the ledge-laden site is so rugged that it's essentially undevelopable.

Through M&E's pending lawsuit against the P&Z, M&E seeks to have a judge force

the P&Z to approve the second version of Tamarack Woods.

Also at the May 8 P&Z session, a public hearing is scheduled on Bennetts Farms

Associates' proposal to resubdivide Section 6 of Bennetts Farm, a major

residential subdivision in Sandy Hook.

The associates want to resubdivide Lot 100 into six building lots. The project

is proposed for Clapboard Ridge Road, Canterbury Lane, and Charter Ridge Road.