The first of at least two public hearing opportunities hosted by the Inland Wetlands Commission to gather input on a proposed Church Hill Road development played out September 14 with no public input or participation. That planned project by Sunrise Church Hill Road, LLC, would incorporate Newtown's first publicly permitted food service drive-through window, which would be part of a Starbucks coffee franchise.

Matthew D'Amico of 153 South Main Street, under the LLC, is the applicant of record. He submitted basic plans for the project on July 12 to the Inland Wetlands Commission (IWC), which called the hearing last week and adjourned continuing the hearing to September 28.

The parcel under consideration sits across from the westbound Interstate 84 exit that officials refer to as "Newtown's gateway."

While no members of the public appeared to support or oppose the development, two individuals with ties to the project - Kevin Solli of Solli Engineering, LLC, and soil scientist William Kenney walked the IWC through a 30-minute-plus presentation, then clarified points under questioning by wetland commissioners. According to the application, Mr Solli of Monroe is handling all engineering for the project.

Builder Phil Clark of Claris Construction and Mr D'Amico were on hand representing the development team, but offered no comment and were not questioned by commissioners. The proposed 12,250-square-foot retail center was illustrated to wetland officials straddling the front northeastern corner of the 3.1-acre site at 73-75 Church Hill Road.

Although banks and pharmacies are permitted to have drive-through window service, restaurants have not been allowed to have such facilities. The Botsford Drive-In at 282 South Main Street has drive-through window service because that use existed there before town zoning took effect in 1958.

Under the proposal, a 2.03-acre vacant lot at 73 Church Hill Road, which currently has M-5 (Industrial) zoning, and a 1.1-acre vacant lot at the abutting 75 Church Hill Road, which has B-2 (General Business) zoning, would be converted to CDD (Commercial Design District) zoning to allow the construction of a retail center, including the coffeehouse with drive-through window.

The hearing was convened because the applicant is seeking a wetlands/watercourses protection permit. In its review of the retail development proposal, the IWC will consider the environmental protection of wetlands and watercourses, not zoning issues.

If the proposal gains IWC approval, the applicant would then need to obtain a special zoning permit for the development from the P&Z under the CDD zoning rules. Representatives of the project appeared at a hearing the next night before the town Planning & Zoning commission, but officials continued that hearing because the IWC had not yet approved the pending wetlands/watercourses protection permit.

During the IWC hearing, Mr Solli and Mr Kenney thoroughly explained planned environmental enhancement opportunities if the site is developed as proposed. They also acknowledged concerns because the development site formerly held a dry cleaning business and a gasoline filling station, which created some contamination at the property.

Consequently, that contamination stymied further development for many years, and the lot became a parking area for commercial trucks and occasionally the site for local scouts who hosted annual canteens during summer holiday weekends. As interest peaked about redeveloping the site, the town took steps to block access by installing earthen berms to prevent commercial trucks and other vehicles from parking there.

During the presentation to the IWC, Mr Solli explained that the proposed retail development would be designed in conjunction with a planned reconfiguration of Edmond Road.

As part of a project to improve traffic flow in that area, the state Department of Transportation (DOT) plans to realign the southern end of Edmond Road, shifting that road section westward so that Edmond Road becomes part of a four-way signalized intersection with Church Hill Road and Commerce Road. The existing southern section of Edmond Road would then be removed.

The engineering drawings for the retail center proposal submitted to the IWC indicate that the primary entrance-exit for the project would be a three-lane driveway situated on the north side of Church Hill Road, directly across from the eastbound Exit 10 ramps.

That layout would allow the retail complex to position more traffic signals at the existing traffic signal location. Also, a secondary access point for the retail center would connect to the repositioned Edmond Road. That access point would have no traffic signal.

Basic plans indicate that a drive-through Starbucks would be positioned at the western end of the retail building, which would have an east-west orientation. The coffeehouse would also have an outdoor seating area.

A History Of The Parcel

Mr Solli began his presentation discussing a history of the parcel using aerial photography dating back to 1934, when an adjacent pond was used to harvest ice. A subsequent 1951 aerial showed the pond had disappeared, and the water resources changed considerably.

A more current aerial showed a brook that may have been constructed as a drainage ditch along I-84, with a meander along the property line intersecting the natural brook on the front parcel, perhaps because the state could not get rights to continue the brook in a linear trajectory, Mr Solli surmised. He noted that in 1989 the wetlands commission had approved a plan to straighten the brook and construct a building along Church Hill Road.

"So there is a precedent where the commission approved a similar application as we are proposing," Mr Solli said, adding that yet another plan was approved but never developed.

He said because of the DOT relocation of Edmond Road, the right of way for Edmond Road will become part of 73 Church Hill, providing further "economic viability to improve both properties."

Because of the extensive mitigation proposed, he said developers held many meetings with Connecticut environmental and DEEP officials, as well as representatives of the Army Corps of Engineers, and other state and federal agencies.

Mr Solli said that an alternate internal site plan would be initiated if the DOT had not completed the Edmond Road relocation, and occupancy of the building would be lessened if necessary. He then reviewed stormwater system details, including installation of a catchment pool that would contribute toward a newly created brook. Site developers also aim to remove a long stretch of existing piping, and uncovering or "daylighting" that brook.

Mr Kenney, a soil scientist and landscape architect, told wetland commissioners the development represented a tremendously interesting project due to its history and use of the site. He assured commissioners that the current plan "provides great balance between commercial/environmental opportunities at the site that would not otherwise be financially feasible to improve."

He then explained the plan to restore or create stream and wetland habitat along with upland enhancements, including some limited control of invasives. He referred to site drawings to illustrate how the rear of property would incorporate a retaining wall abutting an upland slope down to the stream bed.

'Successful Hydrated Floodplain'

The scientist described the site as containing a very successful and hydrated floodplain, with a pond that is one foot to six feet deep. He said developers would be doing a number of things to increase diversity of habitat and the site's plant community.

He recommended the use of coconut fiber logs as borders to the soil berms, that would be planted with native wetland shrubs. Native wetland trees would be installed to populate the rest of the wetland.

More than 300 closely planted trees and an additional 300 or more shrubs would be installed to help expedite filling out and creating as deep a shade as quickly as possible across the wetlands and newly daylighted brook.

Under questioning about containing or eliminating contaminants, Mr Solli replied that by relocating the water course further east, the construction of the building would effectively serve to cap any latent contaminants remaining from previous commercial users.

"With no erosion, it won't be a problem," he said. "It will protect that [wetland] and any downstream properties." He said clean fill will be brought in, and the impervious cap would be installed on top of it, adding that it "seemed DEEP and Army Corps were amenable to the capping concept."

Kenney said the landscape plan has groundcover and ornamental trees, and no light spillage into watercourse would occur.

Mr Solli said all utilities are planned to be run through a single trench from Church Hill Road. Mr

IWC Chairman Kristen Hammar expressed concerns about extreme changes in runoff velocity through the watercourse during periods of significant storm runoff. Mr Solli and Mr Kenney then reviewed how the plan called for providing space for powerful streaming water to spread out and slow down during storms.

Commissioner Suzanne Guidera asked the presenters to clarify any differences from previously approved plans. Mr Solli replied that a 2006 plan approval put development in very close proximity - at only four feet from wetland.

"We believe what were proposing is a considerable improvement from previous plans," he added.

In concluding their review, Mr Solli reiterated that as proposed, the project represents "the highest and best use of the property," and one that developers and the entire community "could be proud of."