Inland Wetlands Commission (IWC) members are reviewing revised and expanded technical information provided by the developers of The Preserve at Newtown, a proposed 23-lot residential subdivision on 167 acres in Dodgingtown.

On October 8, the IWC held a public hearing on the proposed cluster-style development, which seeks to concentrate new single-family houses in two areas on the site in order to leave approximately one-half of the overall tract as undeveloped open space land. Such land would be open to the public for passive forms of recreation, such as hiking and nature study.

About 25 residents attended the October 8 IWC session. The public hearing began on September 10.

IWC Chairman Mary Curran explained that armed with the revised, expanded technical information provided the developers, IWC members would soon tour the site to learn whether the proposed construction would adequately protect the quality of wetlands and watercourses there.

Ms Curran recommended that members of the public interested in learning more about the project review the new technical information submitted by the developer, which is on file at the town Land Use Agency office at Newtown Municipal Center, 3 Primrose Street.

Ms Curran said that the town attorney has determined that the public notice of the IWC's public hearing on The Preserve at Newtown issued by the applicant meets applicable legal standards.

That legal review followed some nearby property owners’ assertions that the developer had not met the notification standards for such applications.

The IWC plans to resume the hearing on October 22, when IWC members and the public would have an opportunity to pose more questions to the applicant.

The project is proposed by developers KASL, LLC, and IBF, LLC. The firms are represented by local developer/builder George L. Trudell.

Nine house lots would be created along the southeast side of Robin Hill Road #2, which extends northeastward from Rock Ridge Road, near Rock Ridge Country Club.

Another cluster of house lots would be constructed on a proposed new dead-end street to be known as Deer Hill Drive extending southeastward from Scudder Road, south of Ferris Road.

By clustering the houses on relatively small building lots, the plans would allow 84 acres, or about half of the site, to remain undeveloped.

Ms Curran stressed to residents attending the October 8 hearing that the IWC has limited scope in terms of reviewing such development projects, focusing on the environmental protection of wetlands and watercourses.

If the project gains approval from the IWC, it would be submitted to the Planning and Zoning Commission (P&Z) whose review is much broader in scope. Such review involves topics including septic waste disposal, domestic water wells, traffic flow, and noise. The P&Z also holds public heatrings on subdivision applications.

Applicant

Attorney Thomas Beecher represented the applicant at the October 8 hearing.

Engineer Daniel Kroeber of Milone & MacBroom, Inc, representing the applicant, said the revised plans now include a third underground water storage tank for firefighting, as was requested by the town fire marshal.

The applicant has formally responded to a range of technical questions posed to it, Mr Kroeber noted.

The proposed location of a drainage pipe has been changed, he said. Also, the applicant has done additional field-marking of wetlands to make their location more obvious, he said.

Soil scientist Bill Root, representing the applicant, said that the revised information provided to the IWC is more accurate than previous information. The site holds approximately 19.5 acres of wetlands, he said.

Although the site holds some “vernal pools,” they lie far away from the area proposed for construction, he said.

Mr Kroeber said the applicant does not expect the development to cause adverse effects to surface drainage in the Scudder Road area.

The proposed construction layout for the site represents “the right thing for this property” in terms of residential development, he said.

Public Comment

During the public comment section of the October 8 hearing, Eugene Eames of 10 Ferris Road stressed that that he never received formal public notice of the IWC hearing on the application.

The applicant knew that he owned property at 10 Ferris Road, Mr Eames stressed.

“It’s hard to believe what they say,” Mr Eames said.

Barton Rasmussen of 55 Scudder Road said that another person living on Scudder Road did not received proper notification.

“They [applicant] need to be more thorough,” so that all aspects of the project are thoroughly checked and are not harmful, Mr Rasmussen said.

IWC member Anne Peters responded that the applicant’s notification procedures on the hearing have followed applicable law.

A Robin Hill Road resident, who lives near that street’s intersection with Rock Ridge Road, asked about the development’s potential adverse effects on her property in terms of the presence of a seasonal stream in her yard and also in terms of proposed road widening.

Mr Kroeber responded that the street would be widened by a few feet on the side of the road opposite the woman’s property in order to have it meet the 20-foot road width required by the town. A turnaround circle would be created at the end of Robin Hill Road #2, he said.

Also, the applicant would not fill in any wetlands on the development site, he said in light of the woman’s concerns about her seasonal stream.

Robert Zupcoe of 5 Ferris Road said that he hand-delivered flyers to 100 houses near the development site to publicize the public hearing. He asked exactly how many people were formally notified of the hearing by the applicant.

Ms Curran urged that Mr Zupcoe visit the Land Use Agency office to review pertinent documents on the matter.

Mr Zupcoe said he thinks the developer intentionally did not formally notify all people who should have been notified.

In response, Mr Trudell said, “There was no conspiracy not to [notify] people.” Mr Trudell stressed that he worked hard to make the proper notifications.

Linda Nash of 7 Ferris Road said that due to local drainage patterns and topography, Scudder Road poses hazardous travel conditions in the wintertime.

Mr Kroeber responded that the proposed construction would result in no additional drainage onto Scudder Road.

Mr Beecher stressed that the applicant has worked diligently with town officials in seeking to formulate suitable plans for the proposed subdivision.