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Date: Fri 02-Apr-1999

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Date: Fri 02-Apr-1999

Publication: Bee

Author: ANDYG

Quick Words:

conservation-Volpe-spa

Full Text:

Commission Again Rejects Plan For Volpe Spa

BY ANDREW GOROSKO

Citing environmental concerns, the Conservation Commission has turned down a

second request for a wetlands construction permit to develop commercial land

along the Pootatuck River at 224 South Main Street, near United Water's public

water supply wellhead.

Commission members March 24 rejected the development application from Judith

Volpe, the proprietor of Avance Esthetiques, a day spa at Sand Hill Plaza.

Last December, Mrs Volpe submitted her second proposal to the Conservation

Commission to develop the land near the intersection of South Main Street and

Brian Lane, just north of the plaza. Mrs Volpe wants to relocate the spa to

the property to expand its operations.

But Conservation Commission members decided that the development plan, which

includes a 9,000-square-foot commercial building and parking for 53 vehicles,

poses hazards to the public water supply and turned down the application.

In their motion to deny the application, commission members decided the

proposed construction would require earthmoving which would have a major

adverse effect on the nearby Pootatuck River. Commission members decided the

development would substantially reduce the ability of the river to sustain

aquatic life, plus pose hazards concerning flooding, water supply and

drainage. The development site lies within the town's Aquifer Protection

District (APD).

Commission members turned down a more intensive version of the development

proposal in January 1998, citing environmental concerns, including the extent

of earthmoving needed to develop the property. Members also turned down the

earlier proposal due its proximity to the Pootatuck River and the wellhead for

United Water, the public utility company that supplies drinking water to more

than 1,100 addresses in Newtown. Commission members then suggested that the

plans be scaled down to reduce environmental risks.

In their March 24 denial, commission members stated certain issues they raised

in rejecting the earlier proposal were not addressed by the applicant in the

second proposal. Also, although the applicant proposed alternative development

plans in the second application, those plans for the site were not scaled down

enough, according to the commission.

"Although the application has proposed a reduction of the amount of gravel

that will be removed, the new application still includes the removal of 5,000

cubic yards of material. This material is in the overburden that is protecting

the Pootatuck Aquifer. Any removal increases the possibility that the aquifer

would be negatively affected by the removal of the overburden," commission

members decided.

Although the drainage work proposed in the second application is better than

the work proposed in the first version, it still includes the direct discharge

of stormwater into a wetland/river, instead of a discharge into at least 100

feet of undisturbed land before reaching a wetland/river, according to the

commission.

"This is a very fragile site and development to the level of intensity as

submitted will still put the environmental conditions of the area at risk of

pollution," commission members decided.

In rejecting the proposal, commission members noted United Water, which has

its public water supply wellfield within 200 feet of the site, is concerned

the proposed development would pose pollution dangers to its wellfield and the

stability of the Pootatuck River. The water company had requested that the

commission deny the application.

Also, commission members decided the development application doesn't meet the

conservation official's recommended buffering requirements to protect the

Pootatuck River and Pootatuck Aquifer.

Volpe Response

Robert Volpe, Mrs Volpe's husband, attended a March 25 Planning and Zoning

Commission (P&Z) public hearing on the proposed strengthened aquifer

protection regulations.

Mr Volpe had some comments on the Conservation Commission's rejection of his

development plans the previous night.

"[They] not only denied our application, they also imposed such harsh

restrictions upon the land as to render it undevelopable for most uses

currently allowed in the zone. This is the same property the P&Z approved for

a zone change from `residential' to `business' in the summer of 1997," he

said. The P&Z approved that zone change at the Volpe's request.

"It appears that the Conservation Commission is already conducting their

business as though the [aquifer] regulations have been adopted," he said.

The second application for developing 224 South Main Street met all applicable

Conservation Commission regulations, but was denied, he said.

"Last night's denial of our application was illegal, without merit and

unsupported by facts. We are left with no choice but to appeal this outrageous

decision at our [expense] and taxpayer expense. What happened to us can and

will happen to others. When an individual is prevented from pursuing their

desire to grow their business in a responsible manner by overly zealous

commission members with their own agenda, something is terribly wrong," Mr

Volpe told P&Z members.

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