P&Z Weighs Groundwater Contamination Concerns

By Andrew Gorosko

Following four nights of public hearings across two months, Planning and Zoning Commission (P&Z) members are considering the merits and drawbacks of the controversial Little Ridge Estates, a proposed seven-lot residential subdivision on 15.7 acres on the north side of Cedar Hill Road.

Little Ridge Estates, as proposed by developer Jude Tallman, has drawn organized opposition from some nearby residents who say that the project would pose pollution threats to their domestic well water supplies.

Groundwater in the general area is polluted by tetrachloroethylene (PCE) at concentrations exceeding acceptable levels. PCE also is known as perc, perclene, and perchlor. The chemical is used as an industrial degreasing compound and as a solvent for the dry cleaning of fabrics.

Results of animal studies conducted with high amounts of PCE show the chemical can cause liver and kidney damage, including cancers. PCE may reasonably be anticipated to be a carcinogen or cancer-causing agent, according to the US Department of Health and Human Services.

It is thought that the chemical solvents found their way into area groundwater after a backyard mechanic in the Cedar Hill Road neighborhood used the toxic chemicals to degrease machine parts, and then carelessly disposed of the chemicals on the ground.

Mr Tallman proposes Little Ridge Estates for a site that has road frontage at 32 Cedar Hill Road. The seven-lot subdivision would involve the construction of six new houses. One existing house would remain standing. The site would contain a 1,100-foot-long road known as Red Fox Lane. The site would hold 2.4 acres of open space land for passive forms of recreation.

A group known as the “Concerned Residents of Megans Circle and Cedar Hill Road” has formed to oppose Mr Tallman’s development proposal. The group has submitted a 20-signature petition, largely bearing the names of Megans Circle residents, and some Cedar Hill Road residents, who oppose the project. Some residential properties on the eastern edge of the Megans Circle neighborhood abut the Little Ridge Estates site. Danbury Attorney Ward Mazzucco represents the opponents of the development proposal.

The Megans Circle residents’ well water contamination concerns stem from the 1991 discovery of subsurface pollutants in area groundwater. The concerned residents say the need to blast rock ledge to build Little Ridge Estates could result in the groundwater contamination problem extending into their neighborhood and into their wells.

In 1999, to provide safe drinking water, United Water expanded its public water supply system to serve residents in that area who had polluted water wells and residents who had wells that were threatened by that pollution. A public water supply started flowing through new water mains to homes on Appleblossom Lane, Dogwood Terrace, and a section of Cedar Hill Road. Approximately 100 addresses received new water service in the $1.5-million project, which largely was covered by state grants.

Proponent

In a closing argument presented to P&Z members at an October 4 public hearing, attorney John Fallon, representing Mr Tallman, said of the development proposal, “There is compliance with the… subdivision regulations.” The developer has addressed all questions which have been raised by the town concerning the application’s compliance with applicable regulations.”

Mr Fallon said the town’s consulting engineering firm, Fuss and O’Neill, Inc, agrees with the developer’s geological expert’s recommendations on how to use blasting to the develop the property. Fuss and O’Neill states it is unlikely that blasting would adversely affect the quality or quantity of groundwater drawn from domestic water wells in the area, Mr Fallon said.

“There’s nothing in the record that would justify the denial of this application,” Mr Fallon said.

Citing the area’s topography and groundwater conditions, Mr Fallon asked how blasting could possibly adversely affect nearby wells.

“Treat this as you would treat any subdivision application,” Mr Fallon said. The lawyer urged that the development application be approved, with appropriate conditions being placed on the construction work. Such conditions would concern blasting, the location of such blasting, and the monitoring of blasting, he said. Placing conditions on the development project would serve to protect public health and safety, he said.

“There’s no basis on this record to deny this application,” Mr Fallon said.

 As Mr Fallon concluded his remarks, opponents of the project sought to make a statement in opposition to the development.

But P&Z Chairman Daniel Fogliano said P&Z had spent much time during four nights of public hearings listening to all sides of the issue.

“We’ve heard every bit of testimony we need to hear on this…All of the material is part of the [application] file,” Mr Fogliano said.

On that note, opponents of Little Ridge Estates presented a letter from their attorney, Mr Mazzucco, for inclusion in the application file.

 

Opposition

In that letter, Mr Mazzucco writes, in part, “My clients remain very concerned that blasting and excavation on the Tallman site will cause carcinogens to pollute the [well] water they use for drinking, cooking and bathing. Therefore, we strongly urge the commission to deny the subdivision application.

“Health department data reveal that wells on Megans Circle are as deep as 445 feet, so there is ample opportunity for polluted water, flowing downhill through bedrock fissures, to contaminate them,” he adds.

Mr Mazzucco writes that the developer’s contention that well depths on Megans Circle are irrelevant does not appear to be credible.

“The commission should not even consider approving this subdivision without knowing the best available blasting techniques and making certain they will be implemented,” Mr Mazzucco adds.

“The developer is trying to put the cost of a proper [groundwater contamination] investigation onto the shoulders of the taxpayers, much as he is putting the potential cost of extending public water onto the taxpayers,” he adds.

“Because of [the developer’s expert’s] demonstrated expertise in groundwater analysis, if the commission needs more information, the applicant should pay [his] own expert to develop that information,” Mr Mazzucco writes.

According to Mr Mazzucco, P&Z regulations require that it deny the Little Ridge Estates application because the development would pose danger to the public health, safety, and welfare, and would pose hazardous conditions. The development of the site would pose water pollution hazards to existing water wells, he stresses.

Discussion on Little Ridge Estates is expected at an upcoming P&Z session. P&Z members have until early December to act on the application.