Groton Open Space Association

Date of Option Signature An Issue In Wal-Mart Appeal

By Joan Smith, GOSA Director

NEW LONDON — The Town of Groton argued in Superior Court April 8, 2008, that a Konover Development Corp. legal challenge to the Groton Planning Commission’s refusal to approve a Wal-Mart Super Center off Route 184 is undermined by defective documentation.

Town Attorney Michael Carey told the court that Konover’s option on one parcel of land involved in the project is dated March 28, 2007, well after the Feb. 16, 2007, commission denial of the application.

The land involved is referred to as the Shetucket Plumbing parcel. Shetucket Plumbing is located on Route 184 in he area of the planned project. Mr. Carey said that in addition to the tardy signature, there were no witnesses to the signing. He said that Konover, without a title to or interest in the land, had no right to file an application to build on it. Therefore, he argued, Konover’s whole appeal is undermined.

Diane Whitney, attorney for Konover, could not immediately explain the late signing but got Judge Joseph Purtill’s permission for a two-week period in which to research the question and respond. She said that Konover would not have filed the application without consent of all owners of property involved.

The Wal-Mart project has proved highly controversial, in large part because the so-called super center would be built in the watershed of the Groton Utilities reservoir system and would, in the view of opponents, imperil the drinking water supply. Wal-Mart would cover approximately 40% of the approximately 38-acre development site. Other businesses would fill in the site later.

Ms. Whitney contended that the commission acted arbitrarily in denying the application. The commission was just saying “‘We don’t like this application. It isn’t good enough,’” she said. The denial was not based on concrete evidence, she argued.

Mr. Carey said the town based its decision in part on expert testimony, not challenged by Konover, that the proposed stormwater management system would not remove 80% of total suspended solids (TSS) in the water, as claimed. He added that the commissioners were not satisfied with the applicant’s answers to questions about containment of hazardous materials and runoff in the event of fire.

Ms. Whitney called the hazardous materials issue a “form of ambush.” She claimed that Konover had no idea of what the commission expected of it.

Marjorie Shansky, attorney for neighbors who are intervening in the process, said, “This is an era of consequences. The public drinking water supply is perhaps the most fundamental resource a municipality has.” Ms. Shansky said the commission has the authority to approve, disapprove or modify a plan and may decide upon the credibility of witnesses.

Judge Purtill was expected to decide on the appeal within 120 days.

Meanwhile, Wal-Mart has submitted a second, slightly modified application to the Planning Commission. The commission has until June 21, 2008, to decide on the new plan, but no date has been set for a meeting on it. The Inland Wetlands Agency, which approved the project in 2006, will hold a hearing April 9, 2008, on modifications of the original proposal.

(This account incorporates some material from a story in The Day April 9, 2008, by Katie Warchut)