Groton Open Space Association

Judge Hears Arguments In Four Winds Appeal

NEW LONDON–Superior Court Judge Joseph Purtill heard oral arguments Sept. 27, 2005, on GOSA’s appeal against the Groton Town Planning Commission’s approval of the site plan for the proposed Four Winds “residential life care community” on the Watrous Property off Noank-Ledyard Road.

Attorney Richard Dixon, appearing for GOSA, argued that the developer failed to follow through with specific details at the Planning Commission review on a promise it made, during the earlier Zoning Commission hearings, to provide 24-hour-a-day access to nursing and emergency services for residents. He contended further that the traffic impact study was flawed in that it assumed all drivers in the new development would be retired. In fact, Mr. Dixon said, age rules about who can live in the development mean that as few as 20% of the drivers may be retired. He also argued that the Planning Commission failed to live up to its responsibility to consider prudent alternatives to the plan presented, after GOSA had made a prima facie case that the project could cause unreasonable environmental damage.

Attorneys for the town of Groton and for Mystic Active Adult LLC, the would-be developer, pointed out that GOSA had lost appeals made to Judge Purtill of both the Zoning and Wetlands approvals of the project and that the Appellate Court in Hartford had declined to hear GOSA’s appeals of the judge’s decisions. They said this meant that all zoning and wetlands questions had been finally adjudicated. They said the Planning Commission did find that the project wouldn’t cause unreasonable environmental harm. Thomas Londregan, respresenting Mystic Active Adult, said the Planning Commission’s decision was set out in a document that “is nine pages long–nine pages.”

Michael Carey, attorney for the Town of Groton, indicated that GOSA’s stand on its alternative–two small unconnected housing developments–was inconsistent because GOSA has opposed Four Winds partly on grounds that it consists of two centers. However, Mr. Carey failed to mention that GOSA’s objection is not to the two Four Winds centers but to the road through the wetlands that is projected to connect them.

Judge Purtill said he would study the matter. Judge Purtill, earlier this year, in addition to denying GOSA’s two appeals, also ruled against Groton’s Inland Wetlands Agency in the case. He found in favor of Mystic Active Adult LLC when it appealed against the IWA’s veto of a wetlands crossing near the northern border of the Watrous Property. However, the IWA appealed Judge Purtill’s decision, and the Appellate Court has agreed to hear the case.

Mystic Active Adult LLC is headed by developer Ron Bonvie, who has built a large retirement community in Mashpee, Massachusetts, called Southport.