Date: Fri 02-Apr-1999
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.