September 26, 2005

Members of the Continuing Legislative Committee on

State Planning and Development:

The Honorable Eric D. Coleman, Co-Chair

The Honorable Lewis J. Wallace, Jr., Co-Chair
The Honorable Joseph J. Crisco, Jr.

The Honorable Antonio (Tony) Guerrera

The Honorable Jonathan A. Harris

The Honorable Jack Malone

The Honorable Craig A. Miner

The Honorable Leonard A. Fasano

The Honorable Richard Roy

The Honorable Andrea L. Stillman

Dear Senators and Representatives:

In accordance with Section 16a-32(b) of the Connecticut General Statutes and Section 16a-24b-7 of the Regulations of Connecticut State Agencies, the Office of Policy and Management (OPM) hereby submits it recommendation on the application submitted by Paul A. Hallisey, Hallisey, Pearson & Cassidy Engineering Associates, for an interim change to the Conservation and Development Policies Plan for Connecticut (C&D Plan).

This application requests a change to the C&D Plan’s Locational Guide Map designation in the Town of Groton to accommodate the applicant’s desire to introduce sewer service into an area that is not currently eligible for such state investment. A copy of the application package was previously submitted by OPM to the Continuing Committee on July 28, 2005.

In accordance with R.C.S.A. Section 16a-24b-8, the Continuing Committee has thirty (30) days from receipt of OPM’s recommendation to act on the proposed interim change application.

My staff and I are available to meet with you at your convenience during this period, if you should have any questions.

Sincerely,

W. David LeVasseur, Undersecretary

Intergovernmental Policy Division

Attachments

Cc: Mayor Harry A. Watson, Groton

Senator Cathy Cook, 18th District

Representative Lenny Winkler 41st District

James Butler, Executive Director, South Eastern Council of Governments

James R. Sherrard, Chair, & Members, Groton Planning Commission

Steven Hudecek, Chair, & Members, Groton Zoning Commission

Michael J. Murphy, Planning & Development, Groton

George Hicks, DEP

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Findings and Recommendations

Paul A. Hallisey, Colonel Ledyard Estates, Colonel Ledyard Highway, Groton

Request for Interim Change to the Locational Guide Map

Conservation and Development Policies Plan for Connecticut, 2005 - 2010

In accordance with Section 16a-32(b) of the Connecticut General Statutes, Paul A. Hallisey, Hallisey, Pearson & Cassidy Engineering Associates, Inc. requests an interim change to the Locational Guide Map of the State’s Conservation and Development Policies Plan (Plan of C&D). The request is to change from “Rural” to “Growth” the designation for a 17.02 acre parcel of land located easterly of Colonel Ledyard Highway in Groton.

The request for this change is prompted by the fact that Groton is in the process of planning an upgrade to its water treatment facility and that, pursuant to Connecticut General Statutes, Section 16a-31, inclusion of this subdivision will jeopardize state funding for the upgrade because it is inconsistent with the State’s Conservation and Development Policies Plan. Specifically, the policy guidelines on page 76 and 77 of the recently adopted 2005 – 2010 State Plan of C&D, for areas designated as Rural, state that development should be of a form, density and location compatible with the carrying capacity of the natural environment, and that large scale infrastructure for water supply, waste disposal and transportation should be avoided. The policy guidelines go on to state that for areas designated as Rural, sewer avoidance programs should be vigorously pursued, and that development should be on a scale that ensures indefinite functioning of on-lot or small community water supply and waste disposal systems. Introduction of sewer extensions into areas designated as Rural are only supported to correct an identified pollution problem from failing septic systems. As the proposed subdivision is for new development, in an area designated as Rural, introduction of sewers is not consistent with the Plan of C&D.

Please note that the proposed development of this land for residential purposes in accordance with local zoning (RU-40), is not at issue regarding this interim change request. Therefore, development at this site utilizing on-site septic wastewater treatment would not require a change to the Plan of C&D.

OPM Recommendation:

OPM recommends no change to the current classification for this area that is designated as Rural Land. In 2002 the Town of Groton adopted its most recent Municipal Plan of Conservation and Development. While this Plan included the area in question as part of the Town’s “possible future service area”, the Plan’s recommendations included the following:

Subsequent to adoption of the 2002 municipal plan of C&D, the Town of Groton revised its 1995 Master Sewage Plan with an update dated 4/22/2003. As recommended in the 2002 Municipal Plan, the update to the Master Sewage Plan clearly designated the area in question as part of the Town of Groton’s sewer avoidance area. Therefore, the request to change the designation of this area from Rural to Growth in the State Plan of C&D, is not only inconsistent with the State Plan, but with municipal planning as well. Through local planning processes, including consultation with the state DEP, as well as required public input, this area has been designated for sewer avoidance. A change to the designation at this time, without the Town of Groton re-amending its 2003 Master Sewage Plan, would be inconsistent with the Master Sewage Plan, and with the recommendations as cited above from the 2002 Groton Plan of Conservation and Development.

In addition to inconsistencies to State and Municipal planning as stated, The Regional Conservation and Development Policy Guide for Southeastern Connecticut (Regional Plan), as adopted by the Southeastern Connecticut Council of Governments on October 15, 1997, includes this site in an area designated as “Existing and Proposed Low Density Uses”. This land use designation is defined in the Regional Plan as primarily for scattered single family and agricultural uses, with residential densities of less than one unit per one and one half acres. While the Regional Plan does indicate that over time these low density areas may become suburbanized if development pressures compel zoning changes, this area remains part of a large RU-40 district, which is consistent with the rural characteristics and lot sizes on Colonel Ledyard Highway north to the Groton/Ledyard town line.

OPM also notes that higher density development in this area would likely foster the need for road improvements in the vicinity of State Route 184, Packer Road and Quaker Town Road. A change in the Locational Guide Map designation to “Growth” for the subject property would likely serve to encourage future requests to extend sewers into other abutting, or nearby “sewer avoidance areas”, placing additional strain on transportation infrastructure in that area and potentially compromising the 20-year planned operating capacity of the sewage treatment plant.

Lastly, as part of oral testimony presented by the Director of Planning and Development for the Town of Groton at the September 15, 2005, joint public hearing, it was suggested that an alternative to changing this area to “Growth” is to change the designation to “Neighborhood Conservation”. OPM does not support this alternative and believes such a change is inappropriate. The Neighborhood Conservation designation refers to highly developed areas that are currently served by public water and sewer.

For the reasons stated above, OPM does not believe a change to the Conservation and Development Policies Plan for Connecticut is warranted.