Date: Fri 11-Sep-1998

Publication: Bee

Author: ANDYG

Quick Words:

conservation-Cornfield-Ridge

Full Text:

Conservation Panel Sued Over Cornfield Ridge Approval

BY ANDREW GOROSKO

A local woman, unhappy with the Conservation Commission's recent approval of a

wetlands construction permit for a proposed residential subdivision on Castle

Hill, has sued the commission and the developer in seeking to have a judge

reject the application.

If the judge does not reject the construction plan, the woman wants a hearing

conducted to explore the environmental effects the subdivision would have on

her adjacent property.

The proposed Cornfield Ridge subdivision is a portion of Castle Hill Farm that

is being sold off for home building. Eighteen of the 19 lots would be

developed for home building on approximately 32 acres. The 19th lot would

remain as Castle Hill Farm.

In a lawsuit filed August 27 in Danbury Superior Court, Roberta McNamara of 2

Old Castle Drive sues: the commission; the developer, The Estates at Pumpkin

Hill, LLC; property owners Steve and Gloria Paproski; and Arthur J. Rocque,

the commissioner of environmental protection.

Mrs McNamara is represented by attorney John Fallon of Fairfield.

Approved construction work includes allowing a stormwater discharge from the

proposed Cornfield Drive into a wetland and watercourse at the rear of the

proposed Lots 4 and 5, and allowing construction of a stormwater detention and

sedimentation basin in an upland area at the rear of the proposed Lot 12 to

allow the discharge of stormwater from that basin into wetlands.

At a June 24 public hearing on Cornfield Ridge, Ms McNamara was certified as

an intervener. An intervener enters a proceeding as a third party to protect

his or her own interests.

As an intervener, Mrs McNamara alleged the proposed development was likely to

pollute, impair or destroy the public trust in water and other natural

resources. She provided expert testimony on how the development would

negatively affect her adjacent property.

In the lawsuit, Mrs McNamara alleges that in granting the wetlands

construction permit, the commission acted illegally, arbitrarily and in abuse

of the discretion vested in it.

The legal challenge alleges: the application does not conform with commission

regulations; the commission ignored expert testimony regarding the effect of

stormwater runoff onto Mrs McNamara's property; and the proposed construction

would adversely affect open space and damage the habitat for plants and

animals.

The proposed wetlands construction work would increase stormwater runoff onto

Mrs McNamara's property, increase peak runoff flows, and damage the local

ecosystem, the suit further alleges.

In August, the Conservation Commission approved a wetlands construction permit

for the proposed Cornfield Ridge, but recommended that the Planning and Zoning

Commission (P&Z) cut the 19-lot request by one lot to allow a scenic knoll to

be preserved as open space.

Conservation Commission members do not have the authority to approve lot

layouts in a subdivision, but feel strongly that the scenic 2.1-acre knoll

area should be preserved as open space, according to C. Stephen Driver, the

town's conservation official.

The 2.1 acres at issue lie west of the intersection of Castle Hill Road and

Old Castle Drive. The land is behind two houses that lie across Old Castle

Drive from the Newtown Forest Association's open space parcel which serves as

the scenic overlook toward the Main Street flagpole and surrounding churches.

In a letter to P&Z, Mr Driver writes on behalf of the Conservation Commission:

"This 2.1-acre parcel on the eastern portion of the site is one of the most

important vistas in town and [it] is recommended this portion of the site be

designated as open space. Protecting this knoll, is considered by the

Conservation Commission, one of the most important [scenic] spots within the

Borough of Newtown."

The town has a September 15 court date to answer allegations raised in the

lawsuit.