By Thane Grauel

WESTPORT — On Friday morning, Conservation Commission members and a few others trudged over the grassy meadow that was once a hayfield for the former Kowalsky farm off Morningside Drive South.

After a very rainy overnight, the ground was spongy. One participant splashed more than ankle deep in a hole near a pond, another nearly lost a boot to the mud’s suction between tufts of grass.

Commission members were there to get a firsthand look at wetlands on the property, the proposed site of a six-lot residential resubdivision.

There’s a man-made pond on the southern edge of the 12-acre parcel, and a crescent-shaped area of wetlands in the meadow.

The project has been in the works about four years, and the next few weeks could decide the fate of the old farm.

Conservation Commission members have to determine potential impact the plans to build six five-bedroom houses might have on the wetlands and water quality.

They will report their findings to the Planning and Zoning Commission, which will decide whether the land should be divided into residential lots.

First, the Conservation Department is preparing a staff report that the Conservation Commission members are to discuss at a meeting at 7 p.m. April 13, which will be live-streamed on the town’s website or via Zoom. For the full agenda and the link, click here.

The application is before the Planning and Zoning Commission, but before that body can vote, it needs to hear from the Conservation Commission. The application was on P&Z’s agenda last Monday, and while the public hearing was opened, there was no discussion. It was continued to the April 25 meeting.

The project has obtained the Aspetuck Health District’s approval for six five-bedroom homes. 

Flood and Erosion panel recommends denial

Last month, the Flood and Erosion Control Board submitted its report to the P&Z, recommending denial for the proposal.

At public hearings, concerns were expressed about how the planned basements might affect the water table. Also, a drainage system was installed about 40 years ago under the large, grassy field. It had no permits and is tied into the town’s stormwater system.

The legality of the drainage system — and whether it can or should be ordered removed — remains in contention between town engineers and the applicant.

On Friday’s hike at the farm, Conservation Commission members were joined by department staff, representatives from the applicant and at least one neighbor.

The land lies between Morningside Drive South, Turkey Hill Road South and Clapboard Hill.

Conservation staff said during the field trip that a staff report on the matter might be complete soon. 

Conservation Director Alicia Mozian said later that if the report is not done soon, next week’s public hearing might have to be continued. 

A neighbor of the farm showed commission members where water sometimes flows from the southeast corner of the parcel into her yard, carrying debris, such as sticks and soil.

Town Engineer Keith Wilberg sent a letter detailing his concerns about the unpermitted drainage system to the Planning and Zoning Commission on March 14. It’s part of the application record.

Applicant’s lawyer questions illegality of drainage system

Eric Bernheim, the lawyer for the applicant, Kowalsky Family Company LLC, argued before the Flood and Erosion Control Board on March 2 that removing the drainage system would be “irresponsible” because it could have unforeseen effects for neighbors. 

He also said he’d like to review any regulations that prohibited tie-ins to the town’s drainage system 40 years ago, according to the meeting’s minutes. He said he assumed there were none so the hookup should be considered an existing, non-conforming connection.

Town engineers appear adamant that the hookup, which is under Turkey Hill South, be eliminated.

During Friday’s hike through the property, Mozian noted that two houses already have been built on land carved off the farm. That’s why, she said, it’s considered a resubdivision.

Opponents file series of objections

Art Schoeller, president of the Greens Farms Association, was on the tour Friday. On April 1, he wrote a letter to the P&Z on behalf of the association, opposing the project.

“The Greens Farms Association opposes the current sub-division plans for this property due to the ground and storm water drainage design,” he wrote. 

“These plans were rejected by the Flood and Erosion Control Board. The Department of Public Works has requested the existing drainage system be disconnected. With increased intensity of storms due to climate change we are concerned about the potential of increased flooding of downstream residential properties,” according to the letter. “While the applicant maintains that this drainage system has been in place for a long time with no apparent impact, we feel development of the site will create different storm and ground water flows.”

Alan and Barbara Phillips, neighbors of property, wrote a letter to the P&Z regarding the water table.

“I can tell you from personal experience, that the area has a very high water table. The man-made pond that is adjacent to the back of my property has never been dry (30 years). We think you should consider a less dense proposal (less lots) to ensure enough room for the water runoff as well as safe septic systems.”

Roxana Larin and Lee Hochbaum of Clapboard Hill held out hope that the town might buy the 12-acre parcel for open space.

“In short, we think that better alternatives to subdivision exist. The town should purchase this land and conserve it for the enjoyment of the community and preservation of existing wildlife,” they wrote.

Don Bergmann wrote a letter, expressing the hope that 10 percent of the property would be kept as open space.

The property was owned by one of the three brothers who founded Kowalsky Brothers Construction in the 1940s. The company for decades was a go-to contractor the town.

The company’s last local headquarters was at 1114 Post Road East, now the site of an assisted-living facility. Kowalsky Construction, as it is now known, is run by descendants and headquartered in Stratford.