Groton Open Space Association

IWA To Deliberate Wal-Mart May 28 After Earlier Lively Discussion

GROTON — The Inland Wetlands Agency plans to deliberate at its next meeting May 28, 2008, on Konover Development Corp.’s application for changes in its plan, approved by the IWA in 2006, to build a Wal-Mart Super Center in the watershed of the Groton Utilities reservoir.

Hearings on the application were closed May 14 after a contentious session that often brought Konover attorney Diane Whitney to her feet objecting and had IWA Chairman David Scott cautioning opponents of the project to limit their comments to a narrow area. The discussion eventually broke through boundaries to embrace a wide range of comment, including a detailed critique by E. Zell Steever of Noank, a former Director of Water and Related Resources in the Connecticut Department of Environmental Protection.

Ms. Whitney had contended in an April 30 letter to Mr. Scott that the application under consideration was a minor alteration to a project that the IWA had decided long ago would have only minor potential impacts on wetlands.

Opponents of the project argued, on the other hand, that the proposed alteration would have major impacts and that the IWA never should have classified the project as minor in the first place. Joan Smith, a GOSA director, urged the IWA to look at all the voluminous material submitted by Konover in connection with its proposed change, in effect asking for another look at the whole project.

Ms. Whitney said Konover had submitted “everything so you can see how this little piece fits in. We ask you to limit your discussion to the change.” She said the change was limited to directing “clean” stormwater from the roof of the proposed Wal-Mart to a pond in neighboring Gold Star Office Park and replacing a planned masonry wall with a natural stone wall closer to the pond.

In the end, the efforts of Ms. Whitney and Chairman Scott to limit the discussion broke down, a process accelerated when Marjorie Shansky, attorney for neighbors of the project, told Mr. Scott that other material needed to be introduced into the record in case of possible court review of the IWA’s ultimate decision.

Before the hearing ended, GOSA director Sidney Van Zandt — over the protests of Ms. Whitney and Mr. Scott — had asked the board to examine the causes of a pond failure at a Wal-Mart in Virginia. Robert S. De Santo, PhD, of the Institute of Environmental Stewardship LLC, of Waterford, presented a detailed analysis concluding that stormwater runoff from the site would be “carried into the watershed” of the Groton Utilities reservoir and would “negatively impact the quality and ecology of these waters and their sediments.”

Mr. Steever, who has extensive experience in environmental positions with town, state and federal governments, told the IWA that the Wal-Mart development, as proposed, “will likely pollute our source waters and, in turn, adversely impact our drinking water in the Town of Groton and the surrounding towns and communities.” Mr. Steever came down hard on Ms. Whitney’s characterization of the changes proposed in the IWA application as minor.

He said, “The applicant has reconfigured the size and location of total suspended solid mechanical separators; the number, size and location of underground storm water storage reservoirs; created new points of discharges to offsite areas and existing storm water ponds; added a fire pond; made smaller the original storm water management pond at the north end of the site; and submitted new and revised reports on storm water calculations and water quality. This application before you tonight is clearly more than just about ‘proposed drainage changes, work in upland review area, and reconstruction of an old stone wall.’” The quotation referred to Ms. Whitney’s description.

Mr. Steever cited “procedural issues” that complicate evaluation of the project. He noted that Konover had recently withdrawn a new plan that was submitted to the Planning Commission after the first plan was denied last year. The withdrawal apparently was made in response to concerns expressed by the Planning Commission and the Office of Planning and Development Services. He said the project was becoming “segmented” and asked that Konover submit to the town “a single complete application and not an ongoing and ever changing proposal.”

Other points made in Mr. Steever’s nine-page analysis:

–The applicant has not shown how it would deal with the total suspended solids that are not captured by its proposed hydrodynamic separators, which typically deal with only 20% to 30% of TSS, rather than the often claimed 80%. Nor, he said, do the applicant’s plans discuss removal of dissolved — as opposed to suspended — organic and inorganic substances in storm water.

–“No protocols are presented regarding snow removal or use of chemicals and sand to melt snow and ice at the site,” which will draw thousands of vehicles.

–“Finally, it is the potential pollution of Groton Utilities source waters and the future quality of Groton’s drinking water that is and…[remains] the major issue of this proposed Wal-Mart Super Center. This location is too close to our source of drinking water supply, as proposed in this application.”