Groton Open Space Association

Tentative Settlement Of Great Brook Dispute Disclosed

GROTON–Developer Downes-Patterson Corp. and GOSA disclosed April 26, 2005, terms of a tentative negotiated settlement of a dispute over a planned residential development in the watershed of Great Brook, a main conduit of water into the Groton reservoir system.

The Downes-Patterson/GOSA agreement and associated covenants, unveiled at a Planning Commission meeting, would create a scaled-down, environmentally friendly Great Brook north of Route 184 between Daboll Road and Gales Ferry Road. The developer will dedicate 65 acres of the 125-acre tract to open space, of which 34 acres would be held by the town and 31 acres by the City of Groton, subject to the city’s final approval. The city owns Groton Utilities, which is responsible for the reservoirs.

Downes-Patterson said it would eliminate several lots, reconfigure several others and shorten a cul de sac to reduce threats to a vernal pool. It also agreed to financing of longer-term testing of water in nearby wetlands and observation of storm water outflows; imposition of clearing limits on lots; redesign of storm water basins; and the hiring of a third-party inspector to check on erosion during construction. The developer said it would establish a homeowners association with powers to enforce clearing limits; regulate use of herbicides, pesticides, detergents and petroleum products; and encourage sound environmental stewardship by owners. The homeowners association will own conservation easements on properties in the subdivision. Attorney Timothy Bates, for the developer, said that the easements are crafted in such a way that the town or another entity can become a co-owner, or grantee, if it expresses an interest in doing so before the easements are recorded.

Town Planning Director Michael Murphy said the town would examine the arrangement and come up with recommendations to the Commission. He said, “Everything is good insofar as it protects the environment, but we can go only so far with our regulations.” He said that while the town can’t enforce easements negotiated by GOSA and the developer, it can allow the developer to note on plans accepted by the town that certain activities are subject to “additional agreements.”

The settlement provides that if the Downes-Patterson concessions are incorporated in the Planning Commission’s approval of the subdivision application, Downes-Patterson will drop its July 2004 appeal of an Inland Wetlands Agency decision to impose 150-foot wetlands buffers, and GOSA will not appeal Planning Commission approval of the project. Downes-Patterson’s dropping of its appeal also is conditional on no other party, besides GOSA, appealing a Planning Commission approval.

The agreement would result in a subdivision of 51 houses. Plans presented by Downes-Patterson in the spring of 2003 had envisioned a subdivision of 104 houses. This number has come down in stages to 63, 54, and now 51. The biggest cut, to 63 from 104, was made after it came to light that the site was located in a state non-sewering area, a designation aimed at discouraging dense development in the watershed.

Principal participants in the talks that led to the agreement were Nancy Klotz, president of Downes-Patterson; Priscilla Pratt, President of GOSA; Attorney Bates of Noank for the developer; Attorney Mark Kepple of Stonington for GOSA; Sigrun Gadwa, of Carya Ecological Services of Cheshire, CT; and DiCesare-Bentley Engineers, of Groton. Ms. Gadwa acted as consultant to GOSA and recommended most of the environmental protections provided by the agreement and covenants.

GOSA agreed in December 2004 to participate in negotiations after it realized it would not be able to find a buyer to protect the land as open space. GOSA had opposed the project since it was proposed in the Spring of 2003 and had acted as intervenor in two sets of Planning Commission and Inland Wetlands Agency hearings on it.

At the April 26 Planning Commission hearing, GOSA made a request for Cape Cod (slanted) street curbing to be installed in areas near wetlands to facilitate migration of amphibians to and from vernal pool areas. Ms. Gadwa said amphibians tend to keep vernal pools healthy in themselves and free of public health dangers like the West Nile virus-bearing mosquito, Culex pipiens, which seeks pools free of amphibian predators. Mr. Murphy said he would discuss the request with the Engineering Department. Ms. Gadwa said DiCesare-Bentley had told her the curbing requested would not affect drainage calculations.

The public phase of the current Planning Commission hearings ended April 26 after several members of the commission praised the cooperation that had led to the agreement. Ms. Pratt lauded Ms. Klotz, who was present at the hearing, as a “developer who has proven herself an exceptional steward of the land.” Ms. Pratt said Ms. Klotz at several points in the negotiations had to make choices between her economic interest and protection of the watershed and “she decided in favor of the watershed.”

Ms. Pratt characterized the agreements as a “leap of faith” in the future homeowners association and individual homeowners.