MONROE, CT — Neighbors against a controversial proposal for the construction of Sun Valley Glen, an eight lot single family subdivision on just over 30 acres at 1536 and 1564 Monroe Turnpike, want the Monroe Planning and Zoning Commission to hire its own hydrologist to provide an independent, third party analysis of the potential impact it could have on residential wells in the area.
During the hearing on Oct. 16, Planning and Zoning Administrator Kathleen Gallagher asked commissioners if that was something they wanted to pursue, and the majority agreed to hire someone.
The expert will review the wells analysis of the applicant’s expert and determine whether there is agreement with the methodology and results, then make a presentation to the commission sharing his or her professional opinion.
Because the commission was going to discuss this on Oct. 16, the applicant, Jans Land Development LLC, did not give any presentations at the continued hearing. However, a public comment session was held.
The hearing will continue on Nov. 6.
While discussing whether to hire their own expert, Gallagher told commissioners they would not be seeking a hydrologist to do the work from scratch.
“We typically find a consultant with the credentials to review it and evaluate the applicant’s conclusion,” she said, adding the expert would determine whether the assumption is technically supported with a sound process.
Gallagher said the town doesn’t have anyone in-house, who could accurately review the report.
“Because it’s an assumption, we’ll never get a solid answer on this,” Commissioner Robert Westlund said. “I feel the study has already been done.”
The applicant’s expert, Karen DeStefanis, vice president of WSP, an engineering firm in Shelton, gave a presentation on the aquifer and the wells to the commission. DeStefanis is a hydrogeologist and a certified professional geologist with over 35 years of experience in her field.
“They hired this person to check conclusions. When does it stop?” Westlund said.
Westlund contended that hiring a third party expert will only lead to “another ambiguous opinion.”
“I would support getting a third party,” said Nicole Lupo, a commission alternate.
“I would like to also, to assure the neighbors we are doing everything we can do,” said Chairman Michael O’Reilly.
“We’ll never know 100 percent until someone drills wells, but a third party review could ensure the methodology is sound … a review of what she did,” Commissioner Ryan Condon said. “It’s just a second set of eyes on a report.”
“I think it’s okay,” said Domenic Paniccia, a commission alternate.
“To satisfy the neighbors, I think it’s probably better,” said Dominic Smeraglino III, an alternate acting as a commissioner that night.
Vice Chairman Bruno Maini agreed to do what the majority of the commission wanted.
Gallagher said the commission’s expert would also review letters submitted by neighbors, soil and groundwater flow data and codes.
Cluster housing
Cluster housing allows developers to build housing units closer together and on smaller lots, leaving more open space that is preserved in perpetuity.
In a conventional subdivision in the RF-2 zone, Christopher Russo, the attorney for the applicant, said homes would be built on two-acre-lots with only 15 percent of the land being preserved as open space. In the current proposal, Russo said over 57 percent of the property would be preserved as open space.
Gallagher said a conventional two-acre-lot subdivision would only have to meet the regulations for the commission to have to approve it. The applicant had shown a conceptual plan with 12 homes, but Gallagher said wetlands would pose a challenge to some lots, so eight lots would be more likely.
“There’s no public hearing for a traditional subdivision,” O’Reilly said.
Gallagher said a cluster subdivision gives commissioners more control over an application.
Russo said he wanted any third party expert the town hires to know that eight wells could go on the site, whether it is a cluster subdivision or a conventional one.
‘Who is responsible?’
Mark Lamont, of Downs Road, is concerned that the impact of new wells could be his and his neighbors’ wells going dry.
“I just feel in my gut they’re tapping water we’re already tapping,” he said during the public comment portion of the hearing. “I don’t have any proof, but it seems like their expert doesn’t either.”
Lamont said the applicant’s expert used old data and questioned her belief that 85 percent of water used, including for septic, would recharge wells in the area.
“I hope no one is drinking my recharged septic water,” he said with a grin.
Lamont asked commissioners to read Bryant Abbott’s letter, which appeared in The Sun, but was also submitted into the record. Abbott is a former resident, who used to live in the Webb Mountain area. He is concerned about the groundwater.
Abbott, who could not attend the hearing, had asked the commission that any approval have conditions, including an independent hydrogeologic peer review with pump testing, observation wells and dry-season analysis.
Other suggested conditions were:
- Establish a well performance standard of at least 2 gpm or a minimum storage capacity of 525 gallons per day per lot.
- Mandate a monitoring and response plan, including two observation wells and a trigger for declines of 5 feet over 30 days.
- Ensure compliance with stormwater standards, including adoption of the Town Engineer’s culvert and reinforced concrete pipe (RCP) requirements.
- Require proof of Aquarion/DPH Notification before hearing closure.
- Retain all findings in record for appeal.
At the hearing, Samantha Theoret, of Sunrise Terrance, told the commission about a letter First Selectman Terry Rooney wrote to Gov. Ned Lamont out of concern for House Bill 5002, an affordable housing bill.
Rooney expressed concern over a rising population increasing pressure on school enrollment and emergency services, over how the town has no sewer line, and the negative impact on Monroe’s New England charm.
Theoret said she believes a lot of those concerns also apply to the cluster housing application.
“I’m trying to hang onto what made my husband and I move here in the first place,” Theoret said.
She also spoke in favor of hiring a third party expert.
Paula Jelly, of Cottage Street, said the proposed development surrounds her property on three sides. Jelly said she is “especially concerned about clear cutting of trees,” which leads to a higher chance of water runoff.
A swale is being proposed to protect her property from runoff, but Jelly said she believes a French drain is needed to move the water away, so it does not percolate where it is.
“If it percolates, the water is still coming down on my property,” Jelly said. “A ditch is not going to protect me. A French drain is going to protect me.”
Jelly said she is concerned about her hemlock trees, which have a shallow root system, and about the preservation of historic stonewalls on the site.
She noted there are performance bonds for the new road that is being proposed and the drainage system, and asked if the developer could have a bond or an escrow account for the neighbors should their wells be impacted.
Brian Theoret, of Sunrise Terrace, asked for clarification of who is responsible if their wells run dry. He also expressed concern over placement of the driveway entrance for Sun Valley Glen — across from Old Zoar Road, which is said is a dangerous intersection, and over the strain on school services.
Theoret said he supports hiring an independent hydrologist.
Donna Konkol, of Manor Drive, said she is getting no reassurance that the wells for people living up hill from the site will be okay. She is concerned over deep dug wells on her street and Crown View Drive.
“I hope you guys do the research and we could be assured and can go to sleep at night and not worry about losing water,” Konkol said. “Who is responsible if our wells go dry? Is it the town … the developer?”
Jason Tufeld, of Crown View Drive, said several wells on uphill properties went dry over the past few months.
“My concern, and I’m not a professional, being uphill, anyone downhill, based on usage, will affect our water table,” he said. “Who is liable?”
Tufeld said he hopes an independent hydrologist will look at the data used in the applicant’s expert’s report, because if you are using bad data, the outcome will be bad.
“I don’t know how this commission in good faith could trust an expert hired by the developer, who has a vested interest in approval,” Tufeld said, adding he is not saying that means the report isn’t right. “We’re already pressed for water and the weather has not been conducive to replenishing the supply. I don’t think there were any assurances for the people living uphill.”
In a closing statement, Russo said he does not understand the logic of those opposing the cluster housing plan, when they could come in with a conventional subdivision that would cause far more disturbance on the site, including clear cutting, and preserve significantly less land as open space.
“We have full faith in our experts, both Karen and Jodi (Tuttle), that this site can support those wells,” Russo said. “If not a cluster subdivision, as staff indicated, it would be an eight lot conventional subdivision. I just don’t see how this would be better for the neighbors.”
All respectful comments with the commenter’s first and last name are welcome.
What if the new and old wells can’t deliver enough water? And what if the septic systems fail? I seem to remember developments built on sites where all the leaching fields failed. And there was no room for new fields. It only affected a few houses. But the town had to provide financial help to resolve the problem.