Wetlands Panel Presses For More Conservation In Sherman Woods Plan

By Andrew Gorosko

Some Inland Wetlands Commission (IWC) members are urging the developer of Sherman Woods, a controversial 38-lot residential subdivision proposed for a 158-acre site off Sherman Street in Sandy Hook, to rework plans for the project to minimize adverse effects to the environmentally sensitive site which contains extensive wetlands and watercourses.

IWC member Dr Philip Kotch told representatives for the developer that IWC rules require a developer to present alternative versions of a given development proposal for IWC review, but no such alternatives have been presented. The developer should present such alternatives that would cut potential environmental damage to the site, he said,

Dr Kotch spoke August 12 at the IWC’s fifth public hearing on the Sherman Woods proposal. The sixth hearing is scheduled for August 26. William H. Joyce of Shepard Hill Road is the developer.

Dr Kotch urged that the developer pursue the concept of “cluster housing” for the site to reduce the proposed development’s environmental impact on the area.

In August 2004, after nearly two years of review, the Planning and Zoning Commission (P&Z) approved a specialized set of land use rules for cluster housing developments known as the Open Space Conservation Subdivision (OSCS) regulations. Those regulations include both zoning rules and planning rules intended to maximize the amount of undeveloped land that would be preserved in new subdivisions of single-family homes, as a mechanism to limit suburban sprawl.

Larry Edwards, a civil engineer representing the developer, has said that the town’s OSCS regulations are an unworkable set of land use rules. Implementing those rules for the construction of Sherman Woods would not provide any added environmental protection for the property, he has said.

Initially, the developer had considered whether to apply for the project under the terms of the P&Z’s cluster housing regulations, but opted against doing so for practical reasons, according to Mr Edwards.

The OSCS regulations specify that no more than ten percent of a building lot be developed, which unacceptably limits the amount of construction that could occur on each lot, Mr Edwards has said. Under a cluster housing design, there would be more open space on the site, but also a need to build more roadway, according to Mr Edwards.

Dr Kotch also asked that the developer rework the subdivision proposal with an eye toward providing additional environmental protection in areas with steep slopes. “I think slopes do make a difference,” he said.

IWC member Mary Curran urged that the developer formulate an alternative version of Sherman Woods that has fewer building lots.

Such a design would not be cluster housing, but would simply involve a subdivision where fewer single-family houses would be built, according to Ms Curran.

The currently proposed 38-lot complex would include 36 new single-family houses, plus two existing houses.

The Sherman Woods site lies in the area surrounded by Berkshire Road, Sugarloaf Road, Sherman Street, Still Hill Road, and Toddy Hill Road. New streets serving the project would intersect with Toddy Hill Road and Still Hill Road. The developer proposes constructing about 3,550 linear feet of new roadways on the site. Each house would have an individual water well and an individual septic waste disposal system.

The site would hold about 45 acres of open space land that would be left undeveloped. That open space would exist on two tracts, with the bulk of it situated along a wetland corridor adjacent to Keating Pond Brook.

Dr Kotch also urged that the town have an independent study performed to gauge whether the presence of a subdivision would damage any endangered species in the area.

 

Public Comment

During the public comment session of the August 12 hearing, Tanja Gouveia of 15 Sherman Street expressed concerns about vernal pools in the area, asking what steps would be taken to prevent them from degradation in the face of development.

Vernal pools are occasional shallow bodies of water where amphibians breed, away from the threat of predatory fish.

Richard Boritz of 30 Still Hill Road told IWC members that there are 17 watercourses that he has found in his walks of the area. Mr Boritz said he has been walking there for the past 13 years.

Pam Davis of 25 Sherman Street expressed concerns about the prospect of Sherman Woods subdivision residents using pesticides, fertilizers, and various petroleum-based products. She urged that the site be thoroughly checked for the presence of any endangered species.

Also, Ms Davis asked why the IWC would allow the developer to construct a 42-foot-long vehicular bridge over a wetland to provide access to the site from Still Hill Road.

IWC Chairman Anne Peters that such bridges are sometimes allowed on a site depending upon the specifics of an application.

Ms Davis also asked about the future maintenance of a dam on the site that holds back the waters of a five-acre pond.

Dan Holmes of 6 Farmery Lane raised a variety of environmental issues about the Sherman Woods proposal, stating that such development should occur elsewhere. Mr Holmes urged that the town formulate better long-term planning for future development.

Ms Peters said the IWC’s jurisdiction is limited in scope, pertaining to the protection of surface waters, including wetlands and watercourses. She suggested that certain issues raised by Mr Holmes be directed instead to the P&Z, the Conservation Commission, and the Board of Selectmen.

“We’re just the starting point,” Ms Peters said of the Sherman Woods proposal. If the project gains IWC approval, it would require review by the P&Z, which has broader scope in its authority.

Developer

Environmental specialist Sigrun Gadwa of REMA Ecological Services, LLC, of Manchester, representing the developer, addressed a variety of criticisms that have been leveled at the Sherman Woods proposal.

A ponded area that lies on the east side of Sherman Street is “not a jurisdictional wetland” and is not subject to regulation by the IWC, she said.

The developer proposes constructing a bridge to the site from Still Hill Road to avoid disturbing some wetland soils near a stream, she said.

Ongoing beaver management would be needed at the site to address problems posed by beavers working to build dams near the five-acre pond, she said.

The town’s specific regulations on cluster housing are an impediment to creating cluster housing on the site, she said.

The Sherman Woods site would have a substantial amount of open space reserved as wildlife habitat, she said.

Environmental specialist George Logan of REMA described in detail the methodology used when the environmental consulting company researched the development potential of the site.

Mr Logan challenged certain points made in an independent technical review of the project conducted for the town. That study found that many natural resources on the site would not be adequately protected from developmental damage under the design proposed by the developer.

“We don’t like to be unnecessarily criticized,” Mr Logan said.

He added, though, that the technical critique of the developer’s proposal caused the developer to clarify certain issues and make some design changes.

Mr Logan said he will provide IWC members with additional technical information on the project, including data on soils and on stormwater control.

Also, the developer will review the design plans for construction near the steepest slopes on the site, he said.