Date: Fri 13-Dec-1996

Publication: Bee

Author: ANDYG

Quick Words:

Newtown-Village-affordable

Full Text:

Hearing On Newtown Village Continued To Jan. 8

B Y A NDREW G OROSKO

The opponents of Newtown Village, a 102-house complex proposed for Sandy Hook,

will have another four weeks to prepare their arguments against the

controversial project; they just hired a new lawyer to present their case.

Attorney Francis Collins Wednesday night introduced himself to Conservation

Commission members, explaining that he had been hired that afternoon by the

Sandy Hook Neighborhood Coalition. The commission granted Mr Collins' request

that a public hearing be continued to January 8 to let him prepare arguments

to counter the developer's construction proposal.

In their latest application to the commission, D&H Homes, LLC, of New Milford,

and Fairfield 2000 Homes, Corp, of Stamford, seek approval for wetlands

construction work in connection with building 102 houses, 25 of which would be

designated as "affordable."

The neighborhood group hired Mr Collins to represent it after their former

lawyer, Christopher Smith, removed himself from the case.

Attorney Timothy Hollister, representing the developers, had claimed that Mr

Smith's representing the coalition posed a conflict of interest. Mr Smith

insisted there is no conflict, but excused himself from the case to dispel the

allegation of a conflict.

Mr Collins filed intervenor notices with Attorney Timothy Bates, a special

counsel whom the town has hired to represent it in the Newtown Village

application. The town hired Mr Bates because the lawyer who normally

represents the town, Attorney David Grogins, would have a conflict of interest

in the case because he has previously represented the applicants.

Mr Hollister said the opponents of the development project are familiar with

the developers' application and asked that any information which the opponents

develop to counter the application be made available to the applicants for

their review before the January 8 public hearing.

Mr Collins opposed that request.

Conservation Commission Chairman Donald Lawrenson urged that the opponents

provide the applicants with the information before the hearing, if possible.

Mr Bates noted that Fuss and O'Neill, Inc, the town's consulting engineer, has

done an engineering review of the Newtown Village proposal which will be the

subject of discussion at upcoming sessions.

The developers are seeking Conservation Commission approval to alter wetlands

at the development site, a former sand-and-gravel mine which lies within the

area bounded by Berkshire Road, Bishop Circle, Philo Curtis Road, and the

eastbound on-ramp at Interchange-11 of Interstate-84.

The wetlands construction would involve building a road over an intermittent

watercourse, as well as doing some filling and grading work. Considering the

site, an "insignificant" amount of wetlands construction is proposed,

according to the developers.

Opposition

But the project has drawn opposition from people living in that area.

The intervenors to the application say the project would cause pollution

problems stemming from recontouring the site, clear-cutting vegetation, and

grading work. They allege the housing project would adversely affect wetlands

and hurt the quality of the groundwater which is the source of domestic water

supplies in the area. The intervenors claim the developers propose inadequate

protective measures for the project's septic waste disposal system and for

wetlands and groundwater.

As an alternative to a 102-house project, the opponents propose that

conventional single-family houses be built on one-acre lots, each of which

would be served by its own septic system and water well.

Although the opponents of the project weren't prepared to lodge their specific

objections to the wetlands application Wednesday night, the developers

presented their proposal to the Conservation Commission for the fourth time

since October.

Michael Petti, an environmental and civil engineer who represents the

developers, said project planning began about one year ago. Presentations on

the project were made to the commission on October 9, October 23, and November

13, he said. The repeated presentations came following various objections made

by opponents of the project.

The latest version proposes less grading work than previous versions, he said.

The developers now propose that no grading work whatsoever be done within a

50-foot-wide strip of land on the edge of their property. Also, the septic

system leaching fields are smaller than initially proposed, Mr Petti said.

Donald Furlough, a wetlands scientist representing the developers, said the

only reason that any wetlands exist on the site is the property's former use

as a sand and gravel mine. Three low spots on the site, containing sandy soils

which were compacted by the weight of mining machinery, collect water runoff

traveling down the interior slopes of the bowl-shaped site.

The proposed wetlands construction would have "minimal impact" on the

property, he said.

An engineering study has shown that water traveling through the septic system

wouldn't enter nearby wetlands, he said. "The wetlands are not connected to

the groundwater table" but are instead "perched" on the ground surface, he

said.

Mr Furlough said the developers would use "bio-filters" as mechanisms to

filter out any contaminants in water runoff before that water reaches the

wetlands on the site. The applicant proposes construction of a pond to act as

a stormwater detention basin.

During construction, about 70 percent of the 32-acre site would be cleared of

vegetation, Mr Furlough said. But, when all construction is complete, 76

percent of the site will have vegetation on it, he said.

When the project is complete, development will be set back at least 50 feet

away from Philo Curtis Road and Bishop Circle, Mr Petti said.

"This (project) has been specifically designed to protect the wetlands," Mr

Hollister added.

The developers want to build detached housing ranging in sizes from 1,300 to

2,200 square feet to be marketed in the $140,000 to $200,000 price range.

The Conservation Commission will have 65 days after the public hearing closes

to make a decision on the wetlands construction work.

The development project also would need a site plan approval from the Planning

and Zoning Commission (P&Z).