After receiving a letter from an attorney, the Inland Wetlands Agency (IWA) has called off a planned site walk of a pond downstream from one of three parcels involved in the Costco site plan application in Branford.

Inland Wetlands Enforcement Officer Diana Ross told Zip06 this afternoon that the decision to cancel a planned April 9 site walk of a pond on Gould Lane was made after a discussion with IWA chair Daniel Shapiro, due to "concerns" raised by the attorney in a letter addressed to Shapiro dated March 18. 

The letter, from attorney Kevin Curseaden, sent on behalf of his client, 595 Corporate Circle and Orchard Hill Partners, LLC, advises the commission to decline to conduct the site walk as it is not relevant to the property owned by 595 Corporate Circle.

Costco's master plan, approved by Branford's Planning and Zoning Commission in July 2015, spreads both phases of development over about 20 acres involving three parcels; one of which, 596 East Main St., is property of 595 Corporate Circle.  As previously reported, on March 10, the IWA wanted to follow through on a concern that runoff from the property could negatively impact a pond downstream on Branford Land Trust property off 56 Gould Lane. The pond came into question after resident Bill Horne, acting as an interested citizen, advised Ross he felt increased runoff could possibly cause an erosion issue impacting the pond. At Ross's request, Horne submitted a letter and photos of the site to the town, which were then discussed as part of the March 10 public hearing. As a result, on March 10, the IWA determined it would make a site walk; with the walk date later set for April 9.

In his letter of March 18, Curseaden wrote, "The fact that Mr. Horne, an active opponent to the pending wetland application by 595 Corporate Circle, brought this matter to the commission's attention during the course of this proceeding should not transform this unrelated enforcement matter into something relevant to the pending application."

Curseaden also noted in the letter,  "...conducting this site walk as part of the proceedings (on the Costco development application) is misplaced. The location of the site walk will not be on the (application) property involved...(569 East Main St.). Rather the location of the site walk will be on property owned by State of Connecticut, as well as private property located at 56 Gould Lane."

Curseaden further notes both a state-owned stream and Town of Branford piped stormwater drainage from East Industrial Road flow to the area; and if the IWA believes a wetlands violation is occuring at 56 Gould Lane or adjacent property, then notice should be provided to the "involved parties" including the State of Connecticut, the owner of 56 Gould Lane and the Town of Branford Public Works Dept.  The full text of the letter appears with this article.

The public hearing for the three applications under review by IWA for the Costco development at I-95 Exit 56 will continue April 14, 7:30 p.m. at Branford Fire Headquarters.