Groton Open Space Association

Inland Wetlands Continues Ice Housing Hearing to Feb. 25

GROTON–The Inland Wetlands Agency has continued to Feb. 25, 2004, its hearing on whether to modify wetlands protections for the planned Ice House residential development on Route 1. The modification sought by the developer, Mystic Ice Co. Development LLC, could open the way for construction of an eighth house in the current seven-house development.

Michael G. Schaefer, a soil scientist hired by the developer, argued at the Feb. 11 IWA meeting that a current 150-foot buffer protecting the wetlands and vernal pool should be reduced to 50 feet in light of a special buffer he proposed. Schaefer said the buffer, consisting of a 30-foot vegetated strip with infiltration chambers and a trench, would be sufficient to protect the water quality of the wetlands and vernal pool.

The developer, Ralph Bergman, told the hearing that the size of the buffer reflected in part a desire by the agency to protect the habitat of salamanders dependent on the vernal pool. He said that protection of salamanders had become irrelevant in light of the Connecticut State Supreme Court’s decision in the AvalonBay case last fall. The decision appeared to to rule out wildlife protection as a valid consideration for wetlands boards. However, the state attorney general’s office has said it will seek legislation to restore wildlife protection to the brief of wetlands units.

IWA chairman David Scott informed Mr. Bergman that the IWA’s decision was based on several factors, including protection of water quality of the vernal pool and wetlands.

The 150-foot buffer originally decreed by the IWA reduced the buildable size of a proposed eighth lot severely and led the Planning Commission to deny permission for an eighth house.

GOSA argued that because the issue involves the AvalonBay decision and has potential town- and state-wide implications, the attorney general should be consulted for advice.