Groton Open Space Association

Groton Wal-Mart Plan Draws Fire

GROTON — The continued site plan review of the Konover Development Corporation’s application for a Wal-Mart Super Center on Route 184 east of Antonino Road was continued February 13, 2007, with a standing-room only crowd at Room 1 in the Groton Town Hall Annex. Although the Planning Commission meeting began at 7 p.m., the Konover Application was placed on the Agenda to occur after several other items of business were taken care of. The Wal-Mart presentations began at 9:40 p.m., nearly three hours after the commencement of the meeting. The standing-room only crowd patiently waited its turn for public comments, and were invited to begin speaking at 11:10 p.m., after presentations by the developer, staff, and questions from the Commission. The meeting continued until 1:30 a.m., February 14. The Commission scheduled a Special Meeting for Thursday, February 15, to craft a motion of decision by the Commission, which must be done by midnight February 17 in accordance with state statutes. The Commission will accept written statements until 7 p.m. on Thursday, February 15, and will not hear verbal testimony at the Special Meeting.

Diane Whitney, attorney for the applicant, began the Konover presentation by advising the Commission to follow the town regulations, not those of any other agency, and to not become a “mini EPA.” She introduced Stephen Hesketh, the applicant’s engineer, who presented recent plan revisions, and Scott Hesketh, who presented traffic information and the results of a survey of traffic currently using the existing Wal-Mart store.The applicant’s experts were followed by a presentation by Groton Director of Planning and Development Services, Mike Murphy, who stated that the project would follow the Economic Development Master Plan of “infilling” the area and explained that the Wal-Mart Super Center would fit into the long range Master Plan. He produced maps to show that other watershed areas were designated for acquisition or as “Critical Protection Areas” but that this watershed site was “outside the critical source protection area.” He called Tollgate and Winding Hollow Roads “major collector roads,” and he revealed plans for a possible future road, which would connect the site area to Buddington Road, providing “depth” to the developable commercial area.

Matt Davis, Town Planner, introduced a revised Groton Utilities memo. He acknowledged receipt of a Groton Conservation Commission memo, a Groton Shellfish Commission memo, and a letter from Rivers Alliance, all with comments in opposition to the project. He recounted many emails and letters in favor and in opposition, which Mr. Murphy interjected were “principally in favor.” Petitions for and against the project were also submitted.

Following the presentations by staff, Commissioners responded with many concerns, which were noted by the applicant’s representatives and will presumably be addressed by them prior to the Thursday meeting.

Commissioner Michael Kane challenged the plan’s capacity to retain 100% of hazardous materials in the event of a fire, and expressed “shock” that someone would have to physically run to close a valve in the event of a spill. He had questions about the emergency response team and procedures, and asked who would perform clean up in the event of a spill, beyond the training of a Wal-Mart Associate. He expressed doubts about handling a spill with a broom close to storm drain inlets. He questioned whether the staff would have knowledge of federal requirements in disposing of a spill, that dumpsters are shown near storm drains on the plan, and a floor drain may go to a grease drain. He noted that the garden area is remote from the loading docks, and questioned whether loads would be trucked to the front of the store. He also raised questions about the definition of a subdivision or a resubdivision, which were answered by Mike Murphy.

Commissioner Ray Munn questioned spill response, monitoring and reporting procedures, environmental bonding time and the destination of untreated Total Suspended Solids. He asked how car emissions, such as antifreeze, are treated, and where water diverted from the Tollgate Road area would go. He questioned whether control of light spillage was adequate, and what the procedures for future pad uses are.

Commissioner Richard Fitzgerald calculated that the new Wal-Mart will be 70% larger than the present store, but that the vehicle trips increased at a lower rate, from 700 to 900 at time I, and from 980 to 1200 at time II. He asked about possible outdoor truck storage, impacts to a cemetery, and protection for a possible automotive center.

Commissioner Hank Steinford inquired about the location of the additional pads on the property, and asked whether small delivery vans could use the front entrance to reduce traffic on Antonino Road. He asked what would happen if testing results proved “unacceptable” in the Memorandum of Understanding with the Groton Utilities? It was later stated by Mike Murphy that the Memorandum of Understanding is between the City and the applicant, and outside the purview of the Town.

Commissioner Peter Roper called the plan the “biggest project this close to the reservoir.” He asked what kind of storm could overwhelm the systems? Did the first Wal-Mart traffic predictions prove accurate? (This question was addressed later in the meeting by an intervener, Raymond Belval, who presented the original Wal-Mart traffic report, indicating that the actual number of cars had actually doubled the predicted number.) Commissioner Roper questioned how, in the newly revised traffic report submitted by the applicant, the “reassignment of traffic” to Tollgate Road would take place. He asked whether it was arbitrary. He inquired how the dissolved pollutants from cars and salts are accounted for, and whether they ended up in the water system.

At the conclusion of the questions by the Commissioners, the meeting was opened, at 11:10 p.m., for comments by the public. Sidney Van Zandt, a Groton Open Space Association director, used photographs, a tape measure and the ceiling height to illustrate problems with the drainage ditch near the entranceway, with an outlet pipe enlarging from 15″ to 48″ and with the drop of fifteen feet to Hempstead Brook. Joan Smith, another GOSA director, presented an overview of risk to the drinking water, and applicable state statutes and town regulations. Steve Trinkaus, P.E., an engineer who represented GOSA, provided a systematic critique of engineering inadequacies in the site plan.

At 12 midnight, Marjorie Shansky, attorney for five interveners, addressed the Town’s site plan objectives of “Public Health and Safety,” quoting from the Town site plan regulations.

She introduced Dr. Robert De Santo, who provided samples of melted clean and dirty snow from a Wal-Mart site in Waterford, stating “it is impossible to be ecologically invisible;” “there is always a water quality cost to development;” “cars break down, water flows downhill;” “contaminants are mobile;” “the testing protocol is to standard-the wrong standards.” Every year 1000 pounds of contaminants, from within the parking lot and 750 feet of the entrance, will enter the reservoir system. In a year of average precipitation, 19,000,000 gallons of water will be handled in different storm frequencies, 1,749,701 vehicles will visit the site in one year. He pointed out a second hydrological connector to the reservoir, a stream listed as intermittent, but possibly perennial now. Roof water, whether in ground or on the surface, will ultimately flow directly or indirectly into the reservoir. Ten contaminants pass through filters, including phosphorous, nitrogen zinc, lead, and copper.

Atty. Shansky summarized that less development is a prudent and feasible alternative and that the Groton Utilities Memorandum of Understanding is “flaccid,” not protective, but reactive, and will transfer costs back to citizens. She strongly urged the Commission to deny the application based on the evidence submitted.

Konover Attorney Diane Whitney stated that it was “discouraging” to get questions at this late date, after nine months of contact with the Town. The applicant will have to “scramble” to prepare responses by Thursday, she said. Steve Trinkaus, GOSA engineer, had pointed out that the applicant provided revisions at a late date, thus providing a “moving target.”Among the many citizens who spoke, Tim Sullivan, a carpenter, provided “public records and court documents” concerning problems with development by Michael Konover. Chairman Sherard noted that the Commission will have to disregard this information, but did not state a reason.

Arlene Allard of Ledyard stated: “My family lost property to the water authority; take care of it.”

By Joan Smith