Rejected: Inland Wetlands Commission Gives Wal-Mart Proposal a Thumbs Down

By Jessica Ciparelli
Staff Writer
Rockville Reminder
July 6, 2004

VERNON —A unanimous decision by the Inland Wetlands Commission in Vernon has effectively sent the Wal-Mart Supercenter project back to square one. The Commission voted 5-0 on June 29 to reject the plan for a 286,000 square-foot building project.

"It was the right thing to do," said Commission Vice-Chairman Stephen Taylor. "There are a multitude of reasons that the application was turned down. We have

to follow our town regulations and see if the applicant has met the burden of proof. If the applicant hasn't met the burden of proof, then you have to deny it."

Taylor says he was surprised that the vote was a unanimous decision.

"I wasn't quite sure (how the vote would go) because we can't talk to each other about how we could vote," he said.

Taylor said town regulations state there are four basic criteria that an applicant must meet in order to be granted a permit:

1) Feasible and prudent alternative does not exit; 2) No preferable location (there isn't a better alternative to that particular locale); 3) No further technical improvements in the plan or safeguards for implementation are possible or to be required; 4) Public benefit of the proposed activity justifies any possible degradation of the wetlands and/or watercourses.

Taylor said the commission focused on the first three criteria. The proposal, according to Taylor , also did not meet a —number of additional requirements as well, also listed in the town statutes.

Statute 4.5.2.5—Change in water volume; Statute 4.5.2.7—Change in biological properties; Statute 4.5.2.8— Likelihood for change in the suitability of the area for recreational and aesthetic enjoyment; Statute 4.5.1.6—On the relationship between long-term and short- term impact on the proposed regulated activity on the wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands/watercourses; and Statute 4.5.1.10—Existing and desired quality of the effected area.

"This is an overwhelmingly destructive development proposal," according to the testimony of the intervenors group.

This is not the first time the application for the Supercenter has been put before the Inland Wetlands Commission. Taylor said the application has been put forth once before, but was withdrawn by the applicant.

If the application had passed with the Inland Wetlands Commission, the proposal would have moved on to the Planning and Zoning Commission, where the whole process would have begun all over again.

It is unclear whether the applicant will appeal the decision or if W/S Development plans to resubmit another application. The group's lawyer Solomon Kerensky, was not available for comment.

Glenn Montigny , co-founder of the Rockville Concerned Citizens for Responsible Development group says the defeat of the Wal-Mart proposal shows that the Inland Wetlands Commission listened to what his group had to say. Montigny himself was an intervenor on the petition.

To developers, Montigny says his group is for responsible development.

"Instead of coming in and thinking you can carte blanche put in anything you want, why don't you work with the neighbors, the town, the public? Come to the people with something we can support."

He added, "We have never said they can't develop that land—we're for responsible development. I'm amazed at the success we've had fighting Home Depot and Wal-mart. Hopefully we sent a message..."