P&Z Again Rejects Subdivision Over Pollution Concerns

By Andrew Gorosko

For a second time, the Planning and Zoning Commission (P&Z) has rejected a proposed four-lot residential subdivision on Mile Hill Road South, citing potential health hazards at the site posed by the presence of chemically contaminated groundwater in the area.

P&Z members on January 3 turned down the home construction application submitted by Stratford developer Jack Samowitz for a 41-acre site at 40-50 Mile Hill Road South.

The narrow, hilly, winding north-south Mile Hill Road South links Wasserman Way to Turkey Hill Road. The development site lies on the west side of Mile Hill Road South, situated between that road and Housatonic Railroad’s rail freight line.

The P&Z had initially rejected the subdivision proposal in June 2006, citing environmental concerns, and stressing that the developer had never informed the P&Z of environmental contamination problems in the area.

In July 2006, Mr Samowitz filed a court appeal in seeking to overturn the P&Z’s June 2006 rejection of the project.  

As a result of that lawsuit, in August 2007, a judge ordered the P&Z to hold a public hearing to allow the developer to formally respond to environmental issues that were raised about the site by the state Department of Environmental Protection (DEP). The P&Z held that public hearing last November 15.

The DEP had informed the P&Z that the proposed development site is affected by a subterranean plume of toxic trichloroethylene (TCE) emanating from the former Noranda manufacturing plant on the nearby Prospect Drive.

The DEP had also informed the P&Z that domestic water wells at some nearby Mile Hill Road South residential properties are contaminated with the toxic chemical known as methyl tertiary butyl ether (MTBE), whose point of origin has not been determined.

After reviewing the evidence that was presented on behalf of Mr Samowitz’s development application at the November 15 hearing, P&Z members decided that it is unclear whether the physical disturbances that would be caused by home construction at the 40-50 Mile Hill Road South site would worsen the chemical contamination situation in the area. Also, it is unclear how existing homeowners in the area or future homeowners would be protected if TCE contamination is detected in their water wells, the P&Z decided.

The applicant has acknowledged that it is unclear what effect construction work would have on existing water wells in the neighborhood, the P&Z found. Also, the applicant has offered no plan to supply potable water to the proposed subdivision’s houses if that land should become contaminated with toxic chemicals as a result of the construction work, the P&Z found.

In again rejecting the subdivision application, P&Z members listed several reasons why the project should be turned down.

The project does not comply with the subdivision regulations, which require that a site contain land that can be used for construction without a danger to the public health, safety, or welfare, according to the P&Z. An unknown risk to public health exists at the site, the P&Z added.

Also, it is unknown whether construction on the site would cause existing subterranean TCE contamination in the area to spread, possibly contaminating water wells, according to the P&Z.

“The [P&Z] deems the land for the proposed subdivision to be unsuitable for private residential development and open space at this time,” the P&Z found.

The presence of contaminated groundwater in the area may pose future water well contamination hazards to the residents of a new subdivision and the residents of existing homes in the area, P&Z members decided. Such well water contamination might result in the town being held liable for supplying potable water to affected properties, according to the P&Z.

Also, a significant amount of open space land that the developer has proposed donating to the town has subterranean TCE contamination, posing unacceptable potential public health risks, the P&Z decided. That proposed open space is inappropriate for public use or public ownership, based on the open space requirements of the subdivision regulations, P&Z members decided.

Alternatively, at the November 15 public hearing, the applicant had proposed donating a fee in lieu of open space to the town instead of donating actual open space land. But that proposal did not meet the requirements of the subdivision regulations, the P&Z found.