Groton Open Space Association

“Ice House” Builder Seeks Smaller Buffer Because of AvalonBay Decision

GROTON–The Inland Wetlands Agency has scheduled a public hearing for Feb. 11, 2004, to hear a developer’s argument that the state Supreme Court’s AvalonBay decision should reduce the size of the buffer for a vernal pool and wetlands on the seven-lot project.

The Agency had approved the Ice House project on Route 1, with vernal pool protections, prior to the Fall, 2003, Supreme Court decision in a Wilton, CT, case involving the AvalonBay company. The court decision at the time was interpreted as barring inland wetlands agencies generally from considering the impact of development on wildlife in wetlands areas. Attorney General Richard Blumenthal has called for a legislative revision that would allow protection of the wildlife.

The Groton agency’s decision had the ultimate effect of cutting one house out of the Ice House developer’s plan. The agency ordered the developer to maintain a buffer of 150 feet from the vernal pool on the property or 50 feet from the edge of the wetlands, whichever is greater. That resulted in a smaller eighth lot, for which the developer could not obtain planning permission to build a house. The developer now contends this buffer is unenforceable in light of the AvalonBay decision.

Conservationists have contended the vernal pool involved in the Wilton ruling was so insignificant that it should not serve as the basis for a far-reaching decision.

[This story originally carried a date of February, 2004, only. In transferring the article to a new program, we arbitrarily assigned it a date of Feb. 1, 2004, to meet technical requirements of the new program.]