Date: Fri 21-Mar-1997

Publication: Bee

Author: ANDYG

Quick Words:

Conservation-wetlands-Tamarack

Full Text:

Conservation Panel Oks Third Version Of Tamarack Woods

B Y A NDREW G OROSKO

The Conservation Commission has approved a wetlands construction license for

the third version of Tamarack Woods, a controversial ten-lot residential

subdivision proposed for 33 acres within the triangle formed by Tamarack Road,

Sanford Road, and Echo Valley Road.

Commission members approved the wetlands construction license March 12, said

David Thompson, the town's environmental official. The approval followed a

March 8 site inspection by commission members.

M&E Land Group, the applicant for Tamarack Woods, has a lawsuit pending

against the Planning and Zoning Commission (P&Z) over the P&Z's December

rejection of the second version of Tamarack Woods.

The third version of the project is similar to the first, which M&E Land Group

withdrew from P&Z consideration last summer.

M&E withdrew the first version following strong opposition to the construction

plans from nearby residents. Also, a nearby resident opposed to Tamarack Woods

had sued the Conservation Commission in 1996 over its approval of the first

version of the project.

In its third version of the residential development, M&E proposes creating ten

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 across a wetland, widening

existing town roads, and installing drainage structures along Sanford Road and

Tamarack Road.

M&E would need P&Z approval of its third version of Tamarack Woods to proceed

with construction.

The second version of Tamarack Woods was rejected by P&Z members in December.

The commission ruled that the project didn't meet their standards for open

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

Road onto the 33 acres would serve nine of the ten lots.

P&Z members then 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.

Opponents have charged that development in the isolated area would damage 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 site is

so rugged and wet that it is essentially undevelopable. The land is near Upper

Paugussett State Forest and Lake Lillinonah.

In its pending lawsuit over the rejection of the second version of Tamarack

Woods, M&E states "The open space... was specifically designed to protect the

scenic nature of the existing Tamarack and Sanford dirt roads." The open space

was designed to be a buffer to the development in accordance with the plan of

development, it states.

In denying the application, the P&Z acted illegally, arbitrarily and in abuse

of the discretion vested in it, according to the lawsuit. Through the lawsuit,

M&E seeks to have a judge force the P&Z to approve the second version of

Tamarack Woods.