Groton Open Space Association

Downes-Patterson Withdraws Appeal On Great Brook

NEW LONDON — Downes-Patterson Corp. withdrew its appeal of a Groton Inland Wetlands Agency ruling as part of an agreement with the Groton Open Space Association on the developer’s proposed Great Brook subdivision north of Route 184.

Withdrawal of the appeal, lodged in July 2004, took place at a hearing in Superior Court, New London, June 21, 2005, before Judge James Devine. Attorney Timothy Bates of Noank represented Downes-Patterson, the appellant. The defendants — the Town of Groton and GOSA — were represented at the hearing, by Michael Carey and Mark Kepple, respectively.

Mr. Kepple, of Stonington, has worked pro bono for GOSA during the negotiations with Downes-Patterson. GOSA was a defendant because it had intervenor status in Inland Wetlands Agency hearings on Great Brook.

Downes-Patterson’s appeal had centered on its objection to the IWA’s requirement for 150-foot buffers to protect wetlands in the project area. Withdrawal of the appeal means the buffer requirement remains intact.

GOSA had taken an interest in the development because it is located in the watershed of Great Brook, the main conduit — open and unprotected — of water between the upper and lower reservoirs of Groton Utilities. The development, originally foreseen at 104 houses, has been reduced to 51 houses.

While GOSA would have preferred no development in this sensitive area, it was unable to find a buyer for the land who would preserve it as open space. Therefore, GOSA entered into negotiations with Downes-Patterson in December 2004 with the aim of creating an environmentally friendly, scaled-down development. The two parties disclosed essential features of an agreement to the town Planning Commission April 26, 2005. The plan subsequently was approved by the commission.

Some of the environmental protections GOSA sought are built into the physical design of the development. Others–providing for water quality and flow testing, independent erosion inspection during construction, and establishment of a homeowners association to enforce lot clearing limits and minimize harmful runoff–are subject to an agreement between GOSA and the developer.

GOSA had agreed not to appeal the Planning Commission decision if it acknowledged the pact.

Priscilla Pratt, GOSA president, said following the Superior Court hearing that the GOSA/Downes-Patterson negotiations had led to a “pioneering” agreement.