Groton Open Space Association

Wal-Mart Plan Denied

GROTON — A 2:20 a.m., 4-1, vote by the Planning Commission approved a motion to deny the site plan application of Konover Development Corporation for a Wal-Mart Super Center on Gold Star Highway. Commissioner Steinford, the sole dissenter, preferred the original draft motion to approve, while Commissioners Sherrard, Roper, Munn and Kane crafted a new motion with the assistance of the Town Attorney. Commissioner Fitzgerald, a non-voter, would have approved the project.

Citizens and the applicant met a 7 p.m. deadline submit written materials. Approximately 70 people waited for the Commissioners to read the documents, and at 8:15 p.m., questioning began. Commissioners focused largely on the compliance and enforcement plan, stormwater impacts to the reservoir, changed stormwater flow patterns, traffic impacts, containment of spills and hazardous materials from the parking lot, and within the building, and containment of contaminated runoff in the event of a fire. Commissioners stated responsibility to protect public health and safety and expressed reluctance to defer this responsibility to a Memorandum of Understanding, as yet unsigned and insufficiently protective, between parties beyond the Commission’s control: the applicant and Groton Utilities. The Commission also expressed reluctance to defer its authority to a future, unknown, permit from Department of Environmental Protection. A Department of Public Health, (DWS) memo was cited for its recommendation against a project of this size at the proposed location.

GOSA members commend the Chairman of the Planning Commission, James Sherrard, for conducting the three site plan meetings in a highly professional and fair manner, and thank the Commission members for permitting extensive public testimony. We commend them for their professionalism, in spite of fatigue, the very late hours, and the statutory deadline.

The text of the motion to deny a site plan for the Wal-Mart Superstore follows:

Proposed Retail Development (Wal-Mart Superstore)
529, 553, 571 Gold Star Highway & Antonino Road
February 15, 2007

MOTION: To deny a site plan for Wal-Mart Superstore (a.k.a. Proposed Retail Development) at Gold Star Highway and Antonino Road for the following reasons and such other reasons as are supported by the record.

Based on its review of the application, plans and other materials and information submitted by the applicant as well as the observation, knowledge and experience of the Commissioners and the evidence and testimony submitted by the intervening parties and the public, the Planning Commission finds:

1. The application does not comply with the requirement of Zoning Regulation Section 6.12-5(C)(3) that following development all stormwater should be directed to the same wetland that received the stormwater prior to development.
2. The application does not comply with the requirement of Zoning Regulation Section 6.12-5(B)(1) that floor surfaces in areas where hazardous materials are used, handled or stored shall be impermeable to stored material and have containment dikes, sumps, or berms surrounding them.
3. The application does not comply with the requirement of Zoning Regulation 6.12-5(C) that stormwater management facilities be designed to manage site runoff to eliminate surface and groundwater pollution and control peak discharges and provide pollution treatment.
4. The application fails to meet the requirements of Zoning Regulation Section 8.4-5(G) that all public utility systems (stormwater management systems) are suitably located, adequately designed and properly installed to protect the property from adverse water and land pollution and to preserve and enhance the environmental quality of the surrounding neighborhood, including the City of Groton public drinking water supply reservoir, and that of the Town.
5. The application fails to meet the requirements of Zoning Regulation Section 8.4-5(I) that the location and size of the proposed use, building and structure and the nature and intensity of the proposed operation will be in general harmony with the climate of the surrounding neighborhood and will not be hazardous or otherwise detrimental to the orderly and appropriate development or use of adjacent land and buildings.
6. The application does not comply with Zoning Regulation Section 6.12-5(D) because it does not specify the types of fire retardants to be used to extinguish fires at the site or to provide adequate measures to assure that they are captured at the site and not allowed to enter the stormwater system.
7. The application does not meet the requirement of Zoning Regulation Section 8.4-5 that the approved uses shall not impair the public health, safety and welfare because it does not make adequate provision for stormwater management or to protect the watershed and the Groton reservoir from pollution.
8. The uses and conduct proposed by the application are reasonably likely to have the effect of unreasonably polluting, impairing, or destroying the public trust in the water, including the City of Groton public drinking water supply reservoir, and there are reasonable and prudent alternatives consistent with the reasonable requirements of the public health, safety and welfare.
9. The application does not comply with Zoning Regulation 8.4-5(H) that requires that “the development of the site will preserve the sensitive environmental land features such as…wetlands…”.

Motion made by Sherrard, seconded by Roper.

Munn said the last word on the first page should be “ensure”, and on #4, add “and that of the Town”.

MOTION: To modify the original motion to change the word “assure” to “ensure” and to add “and that of the Town to #4.

Motion made by Sherrard, seconded by Roper, so voted unanimously.

Original motion passes, 4 – 1, 1 opposed (Steinford).

– By Joan Smith