THE ISSUE -The Tabor Drive property

Excerpt and footnotes from the Planning & Zoning Commission's Memorandum of Decision
regarding the 2003 application by New England Estates to build a 350-unit residential complex on the 77-acre Tabor property.

The Commission finds Fuss & O'Neill's observations and characterizations of the Parcel to be substantially more credible than those of the Triton witnesses.12 In particular, the Commission is persuaded that the concerns expressed by Fuss & O'Neill are substantial and alarming.  It is self-evident that the potential dangers to human health and safety implicated by locating a 350-unit housing complex adjacent to a Superfund site with the potential for migrations of carcinogenic compounds and explosive gas should not be imposed on residents.13 This site is simply not amenable to residential development.

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12 One example of the lack of credibility of the Triton witnesses: David Bramley of Triton testified, "We wouldn't expect to get methane out of a bulky waste landfill, which has not been the case, according to all the data that's been developed."  Tr. 9/4/03 at 76-77  Dave Hurley testified that methane measurements as high as 69% were taken at the bulky waste site.  Tr. 11/6/03 at 17.  See also Table 1 in Exhibit 30, "Summary of Methane Monitoring Data at the Branford Landfill from 1993 to 2003."  Another example: David Bramley testified that the solid waste landfill is "not affecting the [Parcel] at all."  Tr. 9/4/03 at 21.  He further testified that there is no leachate plume affecting the groundwater under the Parcel.  Tr. 9/4/03 at 93.  Two months later, on November 6, 2003, his Triton colleague, Carter Glezen acknowledged that not only is there a contaminated plume under some portion of the Parcel, but that the plume contains volatile organic compounds.  Tr. 11/6/03 at 112.

13 The Commission's concern is for the health and safety of potential residents of the Parcel.  The Commission is also aware of the potential liability for the Town of Branford, Exhibit 53, but bases its decision solely on the obvious potential for health and safety problems for would-be residents.

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