Groton Open Space Association

IWA Considers Expert Fee Concept

GROTON — The Inland Wetlands Agency received a draft amendment Feb. 8, 2006, to its regulations that would allow independent experts to be hired at developers’ expense to help evaluate land-use applications.

The draft, handed out by the town’s Office of Planning and Development Services at the end of a long meeting, is expected to be discussed further and voted on at the agency’s next meeting Feb. 22. Assuming it passes, the IWA will apply to the state for permission to change its regulations. In addition to state approval, the process requires a public hearing in Groton.

The draft provision, which would form Section 18.2 of the IWA’s regulations, says:

“Complex Application Fee: If an application is deemed to be complex, the Inland Wetland Agency may charge an additional fee sufficient to cover the cost of reviewing and acting on complex applications. Such fee may include, but not be limited to, the cost of retaining experts to analyze and review reports submitted by the applicant as part of the complex application. The Agency’s designated agent shall estimate the Complex Application Fee within 15 days of the Agency’s receipt of the application. The fee shall be paid prior to the Agency taking action on the complex application. Any portion of the complex application fee in excess of the actual costs incurred shall be refunded to the applicant after publication of the agency’s decision.”

The draft does not define “complex,” and no definition came out of the discussions. Another feature of the draft is that flat fees set out in the current Section 18.1 would be increased. For example, the flat fee for applying for an IWA permit to build 2 or more lots with potential major impact approximately doubles to $400.

GOSA long has urged adoption of such a provision in order to give land-use agencies access to impartial expertise, as opposed to the advice of experts hired by developers. The draft regulation change presented Feb. 8 would apply only to the IWA. However, the OPDS said Planning Director Michael J. Murphy is at work on a town-wide ordinance on fees for review of land-use applications.

In other business, the IWA concluded its public hearing on the proposed 34-lot Groton Highpoint subdivision on an old sheep farm on Hazelnut Hill and could vote on the project at its next meeting. It also was notified of a new application for construction of a four-story Hilton hotel on Route 184 east of Wal-Mart.

As part of the public hearing on Groton Highpoint, Sigrun Gadwa, an ecologist hired by GOSA, presented report on the project. She concluded in a written comment, “With careful attention to further design refinements, we continue to believe that the proposed project can be designed to be environmentally sensitive. This would be much facilitated by elimination of at least a few lots–also helpful if the emergency access road is eliminated. The aesthetics of this site are so outstanding that we believe that several lots, if increased in size and privacy level, could fetch a price sufficient to compensate for some reduction in density.”