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Wal-Mart project rejected Agency cites pollution, harm to watercourses June 30, 2004 VERNON — Saying the project would cause unreasonable pollution to the area and harm the wetlands and watercourses, the Inland Wetlands Commission on Tuesday unanimously rejected a developer's application to build a Wal-Mart Supercenter near exit 67 off Interstate 84. "The intervenors have established the basis for the commission's finding of both unreasonable pollution and the availability of prudent and feasible alternatives," commission member Joanne Wiley said as part of the motion. W/S Development of Massachusetts had sought a wetlands permit to build a 186,000- square-foot, 24-hour Wal-Mart with 859 parking spaces on 41.7 acres off Route 31, behind the Burger King. As part of his motion to deny the application, Vice Chairman Stephen Taylor said the project could "unreasonably pollute" nearby waterways, including the Tankerhoosen River . In addition, Taylor said, the project could cause a change in water volume and risk flooding downstream. He also said the plan had feasible and prudent alternatives, including moving the building farther from the wetlands. Other alternatives, Wiley suggested, include reducing the building size and the number of parking spaces to decrease the impact on the wetlands. "It just seemed like a lot more could have been done," Taylor said. Opponents burst into applause after commission members cast their votes. More than 40 people came to the Senior Center auditorium to hear the outcome. Lawyer Solomon Kerensky, who was hired to represent W/S Development, said after the meeting that his client hasn't decided whether to appeal the decision or submit a new application. "I came in with an open mind, thinking there was a clear chance for approval," Kerensky said. "But I'm obviously disappointed in the conclusion. The applicant satisfied all the burdens placed on them." The decision came three months after the commission opened the public hearing on the application and heard testimony from representatives of W/S Development and intervenors who opposed the project. The public hearings attracted dozens of residents, most of whom opposed the project over environmental concerns. Marjorie Shansky, a New Haven lawyer representing intervenors Glenn Montigny and Norma Marchesani, said the commission made the appropriate decision. Shansky also represents the Rockville Concerned Citizens for Responsible Development, a neighborhood group of 100 families that formed to fight big-box development. "I couldn't be happier," she said. "It's the correction decision ... for the environment and for Vernon 's future." The commission's rejection stops the land-use approval process on the application. Town Planner Thomas J. Joyce Jr. said he plans to send a letter to the developer asking it to withdraw its application before the Planning and Zoning Commission. During the 2 1/2-hours of deliberations, commission members made individual lists of benefits and drawbacks of the project, and took longer than usual breaks in their discussion before voting on the application. Commission Chairman Ralph Zahner said he was troubled by Wal-Mart's track record with the environment. In May, the federal Environmental Protection Agency and Justice Department ordered the company to pay a $3.1 million fine to settle a Clean Water Act violation over excessive storm water runoff from 24 construction sites in nine states. Connecticut is not one of the states. "It bothers me they would be in the position they are in ... to develop a site like this that is so sensitive," Zahner said. The commission sought advice from Town Attorney Joseph D. Courtney on how to draft its motion before voting. In the event of an appeal, Courtney advised members, they needed to cite in the motion specific regulations and state laws. Montigny, who heads the concerned citizens group, said after the meeting that he was shocked by the unanimous decision. "It just shows they listened to us," he said of the vote. "I'm elated." |