Eye on Town Government

by Susan MacEachron

The focus of both the Inland Wetlands Agency (Wetlands) meeting on July 12 and the Planning and Zoning Commission (P&Z) on July 13 was the request from the Foundation for Norfolk Living to construct a new town road to access the Haystack Woods affordable-housing development, first presented to Wetlands on April 5.  The project was originally approved in 2019 with a private road. Both meetings were continuations of public hearings that had begun several months previously.

At the Wetlands meeting, Kate Johnson, president of the foundation, asked Ken Hrica, an engineer and licensed land surveyor, to present the revised plan addressing concerns raised by two consultants advising Wetlands and P&Z—Glenn Chalder, an expert in town planning, and Todd Parsons from Lenard Engineering.

The Wetlands members’ questions focused on several issues raised by the excavation of wetlands soils and the construction of a retaining wall that will be required to create a town road.  Clint Webb, a member of the agency, inquired whether the soil had been tested for contamination.  Johnson said a Phase 1 environmental study was done several years ago.  Webb, and Wetlands Enforcement Officer Michael Halloran asked to see a copy of the report.  In response to a question about disposal of the soil, Hrica said of the 23,000 cubic yards estimated to be excavated, the foundation anticipates using approximately 7,500 on the site as fill and to create a playground area.  He said the remaining 15,500 cubic yards would be removed, processed and reused. 

Attorney Mike Ziska, counsel to the agency, said the foundation must show they had considered prudent and feasible alternatives to justify disturbing the wetlands.  Johnson said the state authorities had made clear that it was unlikely this project would be funded unless the town was responsible for the ongoing maintenance of the road.  Ziska said a letter from the state making that point would satisfy this requirement.  The agency also asked that the foundation engage a wetlands ecologist to evaluate the environmental impact from disturbing the wetlands to this degree.  The public hearing will be continued on Aug. 2. 

At the P&Z meeting, Johnson and Hrica were joined by Martin Connor, a town planner advising the foundation.  Connor commended the commission for its prior work approving an overlay zone to create an affordable-housing district.  He noted that the only change from the plan previously approved by the commission is the town road and construction of 10 homes instead of 19.  

P&Z members expressed concerns in line with those raised at the Wetlands meeting regarding the amount of excavation required to create the town road.  Hrica described the retaining wall along the roadway, which will be approximately 255 feet in length with an average height of four feet. It will be made of textured concrete, to simulate stone, with seams every two or three feet.  In response to a question, Hrica said he had not done a cost estimate for building the retaining wall.

In a follow-up conversation with First Selectman Matt Riiska, he explained that if the costs of the road and infrastructure exceed the funds provided by the state under the CDBG program, the foundation would have to seek funding from other sources.  Norfolk taxpayers will not be responsible for any of the construction costs.  The town’s responsibility will be the ongoing maintenance of the road.

Several commission members expressed frustration that the foundation had submitted its responses to questions from the prior meetings with too little time for review.  Since the commission had not been able to read Chalder’s responses to the revised plan, he presented them at the meeting.  The foundation has requested several waivers from the town’s subdivision regulations, and Chalder advised that each waiver must be voted on individually and approved by a 3/4 vote of the commission members.  He also said the final plan should only include the 10 homes now being proposed and should drop references to this being Phase 1.

Zoning Enforcement Officer Michael Halloran said he needed letters from the fire chief and the town road superintendent approving the revised plans for the road.  Halloran inquired whether the houses could be moved back eight to 10 feet from the town road, which would alleviate the concerns about the lack of setbacks from town property.  Hrica said that would require excavation of an additional 20,000 to 40,000 cubic yards of material and therefore was not being considered.  The commission continued the public hearing until Aug. 10.

In other business, Halloran mentioned conversations with the owner of 105 Greenwoods Road and the need to apply for a special permit if he intends to create a multiple dwelling unit.  Halloran also mentioned that Infinity Hall wants to install a smoker on its property to offer a barbeque-focused menu when it reopens the restaurant.  It was noted that a smaller smoker had been located on the property, and the commission agreed it seemed unlikely that further approval would be required but asked Halloran to look into the matter.

The meeting ended but not before commission members noticed a mouse running on the cabinets in the Botelle lunch room where the meeting was being held.  No one in attendance seemed flustered by its appearance.