Protect the Partrick Wetlands
and our Community

The Argument and Intervention to the proposal addressed to the Conservation Commission


In Re: Application of

ARS Partners, LLC for

The Reserve at Poplar Plains

#IWW, WPL 6874-02

_____________________________/                                                 October 11, 2002


          Pursuant to §22A-19, Conn.Gen.Stat., Arthur Cohen and Claudia Cohen, residing at 67 Old Hill Road, Westport, Connecticut hereby notice their intervention in this matter and assert as follows:

          A.       This proceeding involves conduct which is reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the State including, but not limited to:

1.       Impairment or destruction of the Five Line Skink.

                     2.       Impairment or destruction of the Eastern Box Turtle.

                     3.       Impairment or destruction of Meadow Horse Tails.

                     4.       Impairment or destruction of other species based upon the destruction of the wetlands.

                     5.       Destruction of the uplands will result in the permanent loss of a large amount of critical habitat. These uplands are critical to the survival of many wetland species including amphibians, reptiles, birds, mammals, and invertebrates. A loss of the uplands may impair or destroy these species.

6.       In addition, both the wetlands and uplands will result in an impairment or destruction of the functional interaction between the upland and wetland areas. This would impair or destroy wildlife currently using these areas.

7.       The use of mitigation measures and management practices other than minimizing the disturbance of sensitive habitats will impair or destroy the public trust in the water and/or other natural resources of the State.

8.       The use of the 35 foot setback line, as proposed.

9.       The impact on the wetlands could have a substantial impact on an aquifer that is on the site. This effect could include a reduction in recharge to the aquifer and impact the water quality in the aquifer. This could also affect waters downstream. This has not been adequately addressed.

10.     Failure to have sufficient calculations or engineering studies regarding aquifer recharge.

                     11.     The proposed use of an underground leaching system to receive storm water will decrease the retention time and biological contact time of storm water from portions of the site. This results in a potential preferential pathway for contaminants entering the underlying aquifer.

                     12.     There is a serious potential of contaminated soil being on the property. The measures taken to date do not provide proper verification that this does not exist and could expose the public to deleterious effects from arsenic. This is particularly true if it is not properly addressed prior to any grading activities. Insufficient testing can have a negative effect.

                     13.     The failure to evaluate alternatives including the construction of fewer units, sufficient nondisturbance buffer courses, the use of water wells to eliminate disturbance to the utility construction and the use of larger setback distances.

14.     A complete clearing of 9 acres within 100 feet or more of wetlands, ephemeral pools and underwater courses, some of which will occur directly within the wetlands.

15.     The construction plans will have a negative effect on downstream water quality, which cannot based upon the lack of testing and evaluation be properly evaluated now.


__________________________                       ____________________________

Arthur Cohen                                                      Claudia Cohen

          Sworn to and subscribed before me this ____ day of October, 2002.


Commissioner of the Superior Court

Notary Public


                                                                           Edward N. Lerner, Esq.

                                                                           Lerner & Guarino, LLC

                                                                           112 Prospect Street

                                                                           Stamford, CT 06901

                                                                           Juris No. 420179



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