Clashing Views Emerge at Costco Public Hearing

Two intervening groups in the Costco proceedings met with radically different reactions from Costco’s team at a public hearing this past Thursday before the Inland Wetlands Commission (IWC).

The hearing concerned a proposal to build a Costco warehouse off Exit 56 at I‑95.

Costco’s attorney said progress has been made in complying with requests for changes made by the Branford Land Trust, one of the interveners. But he strongly disputed a report by the consultant for the Branford Citizens for Responsible Development (BCRD) arguing that the project be scaled back.

Attorney Timothy Yolen, who represents the Branford Land Trust, said a private meeting was recently held with the Costco team to discuss the Land Trust’s 10-page list of recommendations. ​“The applicant has agreed to make many substantial modifications,” said Yolen, a partner at the Yolen & Perzin law firm in New Haven. 

Costco attorney Thomas Cody, of the Robinson & Cole law firm in Hartford, said he was ​“very encouraged” by the meeting between the Costco team and the Land Trust team. ​“We had, I felt, a very productive meeting,” he said. ​“Further progress has been made,” he said in praising the BLT. He also said ​“we have reached provisions” on a maintenance plan to be put in place. Nothing is yet in writing. 

It was a dramatically different reaction for the BCRD group. Their consultant, Steven D. Trinkaus, of Trinkaus Engineering LLC of Southbury, gave a lengthy report on the Costco complex and said it cannot meet wetlands regulations without being scaled back in size.

“This is going to be a nightmare,” Trinkaus said Thursday. ​“The project is not set up to be managed in an environmentally friendly fashion. They want to go in there and do what they want, and quite honestly the environment can take a back seat, based on what I see on those plans.”

“Shot-Gun Approach”

Attorney Cody criticized the approach taken by BCRD and Trinkaus. ​“This is a shot-gun approach. He is grabbing issues unrelated and frankly, it’s a lot of disconnected, misleading information.” Cody said some of the mathematical calculations ​“are not comprehensible and are absurd.” 

Cody was the final speaker in a four-hour long hearing before the IWC held at Fire Headquarters Thursday evening. This second public hearing brought more than 60 residents to the community room. The first public hearing took place last month. The next Costco public hearing is scheduled for March 10.

The proposed commercial complex includes Costco and seven commercial buildings on 44 acres at Exit 56. The three undeveloped properties include properties owned by Wayne Cooke and the Cooke family corporations who own a 22.36-acre site where Costco plans to build; Charles E. Weber Jr. and Al Secondino, and their 595 Corporate Circle corporation, who own a 16.56-acre parcel where six buildings are proposed; and trustee Peter G. Mandragouras, who owns a 1.73 acre site, where one building is proposed.

The Land Trust is focusing on how the project will affect water quality on the downstream open spaces and watercourses. The BCRD is looking at a wider scope of issues and asking that the proposal be rejected and redesigned on a smaller scale.

The BCRD: Scale It Back

Trinkaus, an expert in low-impact development on a national and international level, said the Costco commercial complex is not low-impact design.

Trinkaus, who made a power point presentation, listed concerns about environmental issues, stormwater management, increased runoff volumes, increased pollutant loads, and the lack of a snow management plan. He said the project is too densely developed.

“It’s fragmenting the wetlands because there’s development virtually surrounding all the wetlands corridors. There’s insufficient buffer areas,” Trinkaus said. He said the disturbance in the buffers, also known as upland review areas, will affect the wetlands.

“Over 75 percent of the upland review area on the Costco site alone is going to be disturbed,” Trinkaus said. He said 60 percent of buffers on the Weber-Secondino site will be impacted.

Trinkaus was also critical of the stormwater management system, calling it ​“an afterthought in the design process.”

He said Costco’s engineers originally said it was not possible to infiltrate any rainwater into the ground, but their most recent plans indicate it may be possible in some areas. Trinkaus said the new infiltration claims were ​“unrealistic and not going to work because of the types of basins they’re proposing.”

Trinkaus said none of the stormwater detention basins meet design standards of the Connecticut DEEP 2004 Stormwater Quality Manual. ​“The bottom line for this particular site, and similar to the other two, is the stormwater management plans do not conform to the 2004 guidelines nor does it comply to wetland regulations.”

He said the development team needs to reduce the size of the projects. ​“They cannot address the issues LandTech was raising without scaling back the intensity of development on all of the sites,” he said.

BCRD’s’ attorney Keith Ainsworth,(at right) a partner of Evans, Feldman & Ainsworth legal firm in New Haven, also asked that the project be reduced in size.

“They have to scale it back,” Ainsworth said, in order to improve stormwater management and to decrease runoff.

“This is a classic overdevelopment tactic where you place the natural resource concerns second and design elements first,” Ainsworth told the commission.

“It’s the BCRD’s considered opinion that the application should be denied and there should be a redesign of the project .. that’s more in keeping with the regulations first and the development second,” Ainsworth said.

Costco Responds

Costco attorney Cody said his team will make a full rebuttal in March, but told the commission he wanted to address one issue raised by Trinkaus Thursday. Cody said the Connecticut DEEP 2004 Stormwater Quality Manual is a guidance document for use by professional engineers and scientists when designing sites. ​“The manual was never intended to act like a regulation,” Cody said.

He said the Costco team incorporated many features from the manual, and that the stormwater management system was designed correctly.

“The presentation tonight by Mr. Trinkaus was greatly misleading, picking and choosing unrelated issues,” Cody said. ​“We will show you how this application complies with your regulations and does not cause impacts to wetlands and watercourses.”

Branford Land Trust: It’s the Water Quality

Attorney Yolen said the Land Trust was withdrawing its requests for site walks of its properties that are downstream from the Costco site. Bill Horne, a member of the Land Trust, presented the commission with photographs of the properties and gave a brief description.

Yolen explained that the Land Trust’s primary concern is the quality of water flowing off the Costco complex and onto the open space properties and watercourses. ​“It is our goal to make sure that these conserved wetlands are not adversely impacted by the applicants’ activities,” he said.

Yolen said the Land Trust’s consulting team met with the Costco team the week before the hearing.

“As a result of this meeting, and further discussions between our experts … the applicant has agreed to make many substantial modifications, addressing the Land Trust’s overwhelming concern about the quality of water which leaves the site of the project,” Yolen said.

He read into the record a comprehensive list of the Land Trust’s recommendations regarding the stormwater management system including basins, swales forebays, and sediment traps. He said a maintenance and inspection plan is needed for the stormwater system, and that the Land Trust wants independent regular inspections by a specialist in erosion and sediment controls.

He also said there should be a winter maintenance plan for roads in the commercial complex to reduce the impacts of de-icing chemicals.

A list of the Land Trust’s recommendations can be found on the web site for the Inland Wetlands Department, along with most of the reports and correspondence regarding the projects.

“It is the Land Trust’s hope that the applicants are in agreement as to the changes which have just been specified,” Yolen told the commissioners.

Michael J. Bartos, an engineer and partner in LandTech of Westport, who represents the Land Trust, spoke about inspection and maintenance of the stormwater treatment systems. He said it seems like progress is being made in talks with the Costco team, but that more details are needed.

Amos Barnes, president of the Land Trust, read a statement describing the Land Trust’s concerns. ​“The key, from the Land Trust point of view, was to focus on the water quality leaving the new development site,” he said.

Barnes further stated: ​“As the Inland Wetlands commissioners are aware, the Branford Land Trust has the responsibility to protect and preserve, as best it can, the many environmentally sensitive properties owned by the Trust. The Land Trust has publicly stated its position that it neither opposes nor supports this proposed development and that its only goal is to ensure that its wetlands are appropriately protected.”

In regard to the recent meeting, Barnes acknowledged the Costco team’s willingness to discuss the Land Trust’s concerns and Costco’s attempt to begin resolving the issues.

What Does ​“Addressed” Really Mean?

Brief remarks were made by the peer review consultants from Milone & MacBroom engineering company, based in Cheshire, who were hired by the IWC to do an independent review of Costco’s plans.

Bill Root, one of the peer review consultants, told the commission he will look at all the new information presented Thursday and compile a final comment letter.

The peer review team has responded twice to Costco’s plans, sometimes using the word ​“addressed” in regard to Costco’s statements and sometimes asking for more information. Root said the use of the word ​“addressed” in their responses does not mean they concur with what Costco said.

Costco attorney Cody asked if the word ​“addressed” meant that Costco’s answer was acceptable. 

Root said ​“addressed” doesn’t mean the consultants agree or disagree with the responses.

Cody seemed taken aback. He said that was an impractical use of the word ​“addressed” and that the Costco team thought the issues were addressed and acceptable and they could move on to the next topic. Not necessarily true, it turns out.

Daniel Shapiro, (center) who chairs the IWC, said it’s up to the commission to decide if a question was addressed adequately. ​“I view it as a fact-finding mission,” said Shapiro. ​“It’s up to the commission to ultimately decide whether they feel that concern is addressed and laid to rest or whether your response was totally unsatisfactory.”

Cody said having the commission make the final decision is the right approach. ​“We’re just trying to avoid a surprise,” he observed.

The Public Speaks

Shapiro allowed the public to speak at the beginning of Thursday’s hearing, which did not adjourn until about 11:30 p.m. He said there will be other opportunities to comment when the hearing continues next month.

Of the 16 people who spoke Thursday, two were in favor of the Costco complex but neither addressed the wetlands issues. 

Calvin Ohidy told the commission he supports the Costco project and that senior citizens want to shop locally. ​“It’s a great opportunity for Branford,” he said.

Joe Scarpace also spoke in support of Costco. ​“I was impressed that whatever Costco was asked to do, they complied,” he said.

Peter Hentschel, an architect, said he was ​“not against proper development of this land,” but that the proposed development was too extensive. He expressed concern about stormwater runoff and the effects on the wetlands and buffers.

Connie Drysdale asked the commission to enact a water testing program if the project is approved. She said water quality should be tested one month prior to construction, monthly during construction, and on a regular basis after the project is compete. She said the town should hire an independent tester, and that Costco should pay the fees.

Janet Riesman, who owns property adjacent to the Costco site, said there is too much development proposed for the property. She suggested that Costco eliminate the gas station because it is too close to wetlands. She cited several incidents of fuel spills at area gas stations dating back to 1999. ​“This is just the tip of the iceberg,” she said in regard to the number of problems posed by adding another gas station. She said there are already 48 fuel pumps within a quarter-mile of the proposed Costco site. Costco’s plan is to add 16 pumps, bringing the ​“grand total in the area” to 64 pumps, she said. ​“Accidents do happen. Gas stations should not be placed on upland review areas near wetlands,” she told the commission.

Jonathan Katz, a member of Branford’s Conservation and Environment Commission, said the commission opposes all three applications because of concerns about stormwater runoff and pollutants, and the effect of the project on wetlands and buffers. He expressed concerns about increased water discharge to Jarvis Creek and the Branford River. The commission is requesting that size of the commercial complex be reduced by eliminating one of the seven proposed buildings that are adjacent to the Costco site.

John Wanerka, who lives near Van Weis Pond, said he is directly affected by water runoff from the Exit 56 site and he’s concerned about any increase in flows from the proposed development.

Also in attendance Thursday night were First Selectman Jamie Cosgrove, Town Attorney Bill Aniskovich, and Representative Town Meeting Republican majority leader Ray Ingraham. None of them spoke at the hearing.

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