Vote Is Nearing For Key Project In Washington

<a href=www.zwire.com>Litchfield County Times, By: E.L. Lefferts
06/20/2003

Rather than take a vote at that point, however, commissioners decided to hold off until after putting their thoughts down on paper. "We didn't vote," confirmed commission chairman Dorothy Hill. "We'll have further discussion at the next meeting [June 25], and we may vote then. It was agreed, to clarify concerns or opinions, that we would write them down to help in drafting the motion." Ms. Hill was very concerned that no one gets the impression the commission has already come to a conclusion. There was discussion, but no consensus last week, she said, as the commission wrapped up its meeting with the clock ticking toward midnight. The proposed project entails building two homes of between 4,000 and 8,000 square feet each, two swimming pools, two tennis courts and two ponds on property off of Carmel Hill Road. Ms. Maury, the wife of Diego Arria-the Assistant Secretary-General of the United Nations under UN Secretary-General Kofi Annan, and a former governor of Caracas, Venezuela-is reviewing her options as to whether she'll keep the property for personal use or build the houses to be sold. While two homes and their respective amenities on 73 acres is not what most would consider heavy development, Michael Klemens, a herpetologist and consultant for the commission whose fee was paid by the applicant, noted that the property plays host to some fragile vernal pools. He has also noted that the ponds could compromise Sprain Brook with an inflow of nutrients, or they could affect the stream's temperature, subsequently harming the habitat for salamanders, fish, frogs and mosquitoes. "From my point of view, there are some wetlands we don't need to spend a lot of time protecting," Mike Ajello, Washington's wetlands enforcement officer has said. "And there are pristine wetlands that have never been impacted or touched ... and much of the Maury/Cady site are of the latter description." Landscape architect Dirk Sabin has assured the commission that part of the plan is to make 68 percent of the property, which would include the acres containing the vernal pools and central wetlands, subject to a conservation easement held by either the Steep Rock Association or the town. Despite this assurance, at the June 11 meeting about 17 people were in the audience, prompting a commission member to comment that it was the largest crowd the application had yet attracted. "We use the stream for our geology and water ecology classes," said Glen Sherratt, of the Horace Mann School, which he noted is downstream from the Maury/Cady property. "A change in temperature may affect flora and fauna. There's also a hemlock grove that depends on the moisture from the stream. Diminished water flow could be harmful." Elizabeth Corrigan presented a laundry list of questions and complaints about the application. "I ask the commission to deny this application without prejudice," she said. "The project will permanently alter the natural characteristics of this rare wetland ecosystem, including its co-dependent upland review area. There are many uncertainties and unenforceable aspects to this plan. It is simply too big for the landscape." The sole voice that night in favor of the application came from Susan Payne, chairman of the Conservation Commission. "The consensus is that this is quite an outstanding development for a large piece of property," she said. In the past, complaints have been made that the plan, with all its amenities and landscaping, smacks of the kind of self-indulgence found in SUVs, and that it represents a typical weekender approach to the land. To Mr. Sabin's mind, such criticism merely distracts from the facts. "I think some of the opposition has made some characterizations that are unproductive to the process," he said. "I think it's uncalled for and irrelevant, particularly since the majority [of the land would be] in a conservation easement. It's just an attempt to slur the project and detract from the real facts of the case." Mr. Sabin noted that according to zoning regulations, Ms. Maury and Mr. Cady could conceivably build six houses on the property, which would fragment the site even if the plan could conserve 70 percent of the land, as the current proposal endeavors to do. "We are proposing some regulated activities, but the great bulk of the site would be left in its natural condition, including the vernal pool corridor," Mr. Sabin noted. "There are only two houses proposed, and between houses, drives, and terraces, there's approximately 2 percent impervious surfaces. The plans have been specifically designed to create a variety of natural habitats, which would be comprised of woodland, meadows and naturalistic ponds." "There are significant conservation elements in this plan that are in direct response to the natural character of the site," he added. Ms. Hill noted that the commission would weigh the pros and cons of the driveway, which would have an impact on wetlands, along with considering the impact of the ponds and one house that is proposed to be within 750 feet of the vernal pool area. "It's the wetlands issues that concern us," she said. "So no matter what the application, that's what determines our interest." While the motion to approve or deny is likely to be drafted at the commission's next meeting, it is under no obligation to make a decision until 35 days after the public hearing has closed, or by July 16.