Zenon at left and FAST at right
Septic Systems:
D.E.P policy through the years...how it changes - Westport and in Weston.

Lawsuit Questions Legality of Westport's WPLO
Westport NEWS
By Michael C. Juliano
Article Launched: 08/17/2007 09:07:56 AM EDT

A lawsuit by a Weston-based business firm against the Town of Westport and the Representative Town Meeting (RTM) is bringing to question the legality of the town's Waterway Protection Line Ordinance (WPLO).

According to documents filed Aug. 3 in the Westport Town Clerk's Office, Compo Hill Partners LLC proposed the construction of a single-family house with a pool at 29 Compo Beach Road. The Flood and Erosion Control Board (FECB) approved the construction of the pool, stating it presented no danger of flooding. The Conservation Commission, however, denied the application upon a finding that there is a likeliness of flooding.

In December 1988, the RTM adopted the WPLO upon the authority of Connecticut General Statute 7-147 entitled "Regulation of obstructions in waterways." 

The lawsuit states that the WPLO is illegal for several reasons.

"As I read it, this is completely illegal," Larry Weisman, an attorney for Compo Hill Partners, said.

In particular, the suit states the statute, which is referred to as the "enabling act," authorizes the regulation of "obstructions or encroachments" in the waterway, whereas the WPLO purports to regulate "all activities" which may affect a waterway.

In addition, the suit states the enabling act restricts the lines to an area which would be flooded by a flood similar in size to one or more recorded floods that have caused extensive damage to "minimize" the regulated area. The suit states the WPLO, however, purports to regulate an expanded area on both sides of all waterways defined by the 25-year storm flood elevation plus 15 feet or the top of the channel banks, "whichever is greater."

The suit states the WPLO also defines the term "waterway" to include "any contiguous backwater, pond or other body of water and any flood plain, swamp, marsh or bog or other wetlands."

"Our WPLO maximizes the area," Weisman said.

Last week, the RTM voted 18-17-1 to uphold approvals by the Conservation Commission and the FECB of the Westport Weston Family Y's application as they relate to the WPLO. The RTM considered the proposal due to a petition with at least 20 signatures being filed with the Westport Town Clerk's office.

"If you are to look at the Y [proposal], there are no permanent encroachments," said Weisman, who is also the Family Y's attorney.

The suit also states the enabling act allows administration of its provisions by "the municipal board, commission, department or inlands wetlands agency which the legislative body may authorize," whereas the WPLO authorizes two bodies, the FECB and the Conservation Commission.

"The statute gives you one agency," Weisman said, "Ours gives you two."

The suit also states the WPLO "unnecessarily and impermissibly prolongs the regulatory process, turning what is intended by the enabling act as a single regulatory hearing followed by an appeal to the court into as many as three separate (and potentially duplicative) hearings followed by three separate appeals."

"The statute contemplates one hearing for one agency, whereas our statute allows for three hearings," he said.

Weisman said the court's decision on this case could have implications for other applications within a WPLO area.

"So, we'll see what the court says," he said. "It should be interesting."

Ira Bloom, the town's attorney, said he had no comment as of press time because he had not seen the lawsuit.

The plaintiff and the defendants are scheduled to appear in Bridgeport Superior Court on Oct. 9.

WESTPORT considers FAST tertiary treatment for Y...will P&Z say "not so FAST...?"
What is the difference between (at left, above) Zenon and FAST?

FAST® is an aerobic, fixed film, packed bed reactor with 100% submerged media which was specifically designed for shock loads.

FAST recovers quickly because the bacterial population is attached to the media and does not wash out of the aeration zone. The aeration tank is completely mixed with the bacteria and in constant contact with the waste. The system is not dependent on return sludge from the clarifier.

Another attractive feature is that the FAST technology requires a minimum of supervision for its operation because the bacteria are self-regulating...

Lawmaker backs group, blasts DEP
New Haven REGISTER
By Amanda Pinto, Register Staff
Posted on Tue, Jan 22, 2008  

MADISON — Opponents of the proposed Madison Landing Development, which garnered a favorable state Department of Environmental Protection ruling last week, got some help from a state legislator in their effort to contest the judgment.

State Rep. Deb Heinrich, D-Madison, issued a statement criticizing the DEP hearing officer’s decision to ban an expert scientific witness for citizens’ group Stop Griswold Overdevelopment from testifying.

Hearing Officer Jean Dellamarggio last week approved a proposed final decision to allow a water discharge permit application for the Zenon advanced sewage treatment system Leyland Alliance LLC plans to include in its 127-unit adult-living community.  Site discharge is not likely to cause unreasonable pollution or impairment to the wetlands or Hammonasset River, Dellamarggio wrote in a report, written without having heard the testimony of Susan Peterson, the group’s attorney, Keith Ainsworth, said.

Peterson runs Teal Partners, which offers wastewater treatment services in Massachusetts. Peterson did a four-year study of 90 separate alternative treatment programs, but the DEP ruled she could not testify because the data was 4 years old, and the research was from Massachusetts, Ainsworth said.

“It concerned me because … if all the relevant testimony wasn’t heard, it makes you wonder if the conclusion would have been different if it had been,” Heinrich said Monday. “I think with something as delicate as this, we have to make sure that the process is perfect.”

Ainsworth said he thought the DEP treated the citizens’ group unfairly.  One of the analysts that testified for the developer “had looked at exactly the same data Dr. Peterson had looked at which I thought was a bit of a double standard,” he said.

DEP spokesman Dennis Schain said many people testified at the hearings, and Peterson was barred because she didn’t meet hearing process requirements.

“Our hearing officer followed all the rules that govern a hearing on a permit application,” Schain said. “I don’t have any information that indicates that any inappropriate or inaccurate decisions were made regarding who was able to testify.”

Howard Kaufman, principal of Leyland Alliance, based in New York, could not be reached for comment Monday.  Last week, he said he was pleased with the DEP ruling.

“We’ve been working for five years with the DEP on this application. … I spent eight full days at the hearing at the DEP last year, and heard the evidence and knew that we had very, very strong evidence to support that Madison Landing is protective of the environment,” he said.  Group members have tried to stop development because they believe the system would damage the ecologically fragile Griswold site.

Dr. Don Rankin, an amateur geologist and former surgeon, opposes development in the area because he believes American Indian artifacts can be found there, despite a state Historic Preservation Office study. The study, conducted in June, found there was no archeological evidence to support claims of a village or burial ground at the site.

“In my opinion, that study, it only studied land on the airport west on the runway and this would have been farmland to Native Americans, as well as colonists,” Rankin said. “The richer area for archeological sites would have been closer to the river. And they didn’t look at that at all.”

There is a 15-day period to file exceptions, which would result in a hearing, before DEP Commissioner Gina McCarthy will render the final decision.  First Selectman Al Goldberg, who said he’d like to bring decisions about Griswold Airport to a public forum, has said he’d like to bring his concerns to McCarthy.  State Attorney General Richard Blumenthal said he has expressed reservations about Zenon’s ability to effectively dispose of sewage. He said his office would review the hearing officer’s report and possibly respond to it.

State OKs contested Y septic plan
jsoulliere@thehour.com.
August 7, 2007

The state has approved the Westport Weston Family YMCA's septic plans for its proposed facility at Camp Mahackeno, plans which have been questioned by residents throughout proceedings on the Y's application.

The state Department of Environmental Protection had issued a proposed final approval for the Y's proposed septic system in February, which still needed the consent of DEP Commissioner Gina McCarthy. But Y Downtown — a group of residents concerned with the Y's plans to move from its downtown Westport location on Post Road East to its Mahackeno property near exit 41 on the Merritt Parkway — filed an objection to the DEP's recommended endorsement in March, contending the FAST septic system the Y plans to use at Mahackeno has a failing record in the state and should not be located within 500 feet of the Saugatuck River.

Y Downtown's objection forced the Y's application to undergo review by a DEP hearing officer.

On Aug. 3, the DEP issued its final decision on the matter, stating the Y Downtown's exceptions to the state DEP's recommended approval were unfounded.

"Each of the (Y Downtown's) exceptions to the ... proposed final decision is unsupported either by law or by the evidence in the record," the DEP's final decision states. "Further, the evidence in the record amply shows that the applicant has complied with the applicable statutory and regulatory criteria ... and, by meeting such criteria, has met its burden of proving that, if the system is constructed and operated as proposed, the system will protect the waters of the state from pollution."

Helene Weir, CEO for the Y, said Y officials are glad to see the DEP move forward with the approval.
"We're, of course, very pleased to get the final decision, and that the appeal did not change (the DEP's) proposed decision," she said. "As far as we're concerned, the system is safe for the waterways, the neighbors and the community."

In a released statement, Y Downtown expressed its displeasure with the DEP approval, contending the state agency failed to consider data showing the FAST system has an unreliable record in Connecticut.

"The DEP's primary concern appears to be upholding its own decision, rather than finding the truth," the statement reads. "Many legislators, environmentalists and others in the state are concerned about the unreliability of alternative wastewater treatment systems such as the FAST system, and legislation has been proposed that would place a moratorium on these systems. Given these concerns and the documented poor performance of other FAST systems in Connecticut, it is irresponsible of the DEP to allow the YMCA to go forward, particularly when the DEP does not have the manpower or inclination to monitor systems already in place and does not enforce compliance with DEP permits."

The Y, which must still have its application reviewed by the town's Planning and Zoning Commission, has received approvals by the town's Flood and Erosion Control Board and Conservation Commission. Both town board decisions have been appealed by resident petition, however, and are presently being reviewed by the Westport Representative Town Meeting.

One of the two petitions appealing the Conservation Commission's decision on the Y contended the panel "disregarded" expert information which negatively assessed the FAST septic system.


WHAT WAS UNDER CONSIDERATION AND APPROVED:
STAY TUNED FOR WORD OF DEP "ORDER" SOON (this happened) - SEWAGE TREATMENT OPTIONS:  Bisceglie-Scribner Park Test Holes;  Revson and Other Data.



WHAT RESULTED:
All septic fields ended up at Revson, the tertiary treatment plant is on School Road and Little League Park developed at Bisceglie where once there were picnic tables.

LEFT TO RIGHT: Part of the area in Bisceglie Park most suitable for septic disposal.  Next, the present septic fields disguised as the Revson soccer field.  Where along School Road would the tertiary treatment plant be located?  Up the road...here (across from the Middle School)!  No septic fields after all at Bisceglie - Little League softball diamonds instead!

"OTHER DATA" is a simple phrase:  in this case, early in its "second life" [after the original 90 days] the Scientific Subcommittee unearthed* what appears to be the entire history of what got built where (or not) in the continuiing saga of Weston's School Road Septic Systems--in the second "life" of that Ad Hoc group it is expected to have the consultant, McDonald-Sharpe of Old Saybrook, analyze the data.  This information is particularly critical to finding a solution "on-site" for the schools;  it will also save time (and $$) and permit the engineers to explore alternative locations, since these reports give them BIG hints where to dig for the best land!

* = unearthed in this case means "found in the basement of Town Hall"

MORE HISTORY:  One of the subcommittees to the Select Committee On the Impact of Sewage Treatment On the Character of Weston was involved in finding "Scientific Solutions."  To that end, eleven citizens plus a member of the Board of Selectmen (sort of "ex-officio"), led by two members of the Select Committee, conducted many meetings [posted on the Town Clerk's bulletin board] in Town Hall) on the following subjects:  review of Fuss&O'Neill data, other technologies, historical record, second Bisceglie Park walk-through, review of consultant interviews..

Location, location, location...not just a real estate buzzword, but something this subcommittee wants to know re:  all existing maps, where the septic tanks and fields are;  and the wells;  any and all soils testing results plus design parameters for the existing systems (fields).  This information was requested of the Town Administrator--presumably so that the basic data available to the consultant the Select Committee hires will be more informative than what appears to have been made available to previous engineers.  (Note:  the sub-committee was successful in locating original drawings--as far away as MIT.)

TOWN ENGINEER'S RESPONSE TO THE ABOVE SUMMARIZED INFORMATION REQUEST:

Submitted to the subcommittee on July 19, 2000 were answers to their
queries:

  1. Topographical maps of the septic areas
  2. Location of all septic fields
  3. Well Locations of Town Water System to municipal buildings
  4. Soils test and percolation test (included in The Red Binder)
  5. There is no official, written status of septic fields from DEP
  6. Design parameters and flow rates for the middle school, administration building and highway garage are available on the alternative plans attached (see below)

    7. Time is needed to inspect old documents in the Town Vault.
The Only Acceptable Alternative In the Short Run: At Bisceglie Park

The Fuss&O'Neill report of August 1998 regarding tertiary treatment options on and near School Road, in written form summarized below, provides some facts are made available now that had not been examined before. For instance, in Bisceglie Park, there are eleven test pits with soils and permeability values assigned from F&O 1998 work.  According to a verbal report at the July 25 Select Committee meeting, six (6) of the test pits were located in the picnic and walk trail area south of the pond and the other five in areas of muck and wetland soils.  These test pits were averaged together in such a fashion as to create the appearance of poor permeability at Bisceglie, which mandates very large leaching areas to prevent breakouts prior to emptying into the West Branch of the Saugatuck.


QUESTIONS:
These are some thoughts being examined as the second phase of the Select Committee activity begins (with the aid of a professional consulting firms known to CTDEP).
New School at Heady Property?

Combined Middle and High School Systems are in need of repair.  Not so the functioning elementary school septic system; nothing can meet standards for permeability in the "upper schools" part of School Road.

It is believed (after working all summer) by the Sub-Committee on scientific solutions that soils on School Road CAN BE FOUND even in "muck" areas for modern septic system designs.

The elementary school soils are different and much better.  (Permeability of soils is based upon Fuss&O'Neill's testing plus superficial review of SCS maps.)

What to do...explore the viability of the Heady parcel for a K-2 school.  This work will be done, if the Select Committee has its way, AFTER the consultant investigates the unused Elementary school fields area (by the Town of Weston) and then Bisceglie Park.  Need for second vehicular access if Heady property becomes a school site?

SELECT COMMITTEE PICKED A CONSULTANT...ON TO BOARD OF SELECTMEN SEPTEMBER 28 SPECIAL MEETING (tent.).


SELECT COMMITTEE...
#19 Monday, FEB. 25, 2002 at 7pm - Town Hall Meeting Room...
Present: Terzian, Gary, Hahn, Bochinski, Failla, Bowden; Stu Fairbank (MacDonald-Sharp)
AGENDA/WHAT HAPPENED:
1.  Update on D.E.P. and other matters-- Stu Fairbank/Weston to go ahead with application--DEP had not wanted to hear from us until there was sufficient rainfall to test out Revson...treatment plant to be located behind DPW garage, out of sight of everyone and everything - in a line with WMS;  planning for lots of pipes, pumps, connecting to buildings yet to come...tied in with School Construction (MacDonald-Sharp retained by Fletcher-Thompson as well).
2.  Update on water conservation - good news (except that the automatic/computer operated measurement technique supplied for schools can't be made to function by school staff...Select Committee Chair. doing it the old fashioned way HIMSELF (implication strong that it might not be done otherwise).
3.  Discussion on treatment facilities - visit to Greenwich--system in Brunswick School near Westchester Airport, Sacred Heart.  Committee members were quite enthused about the system.  It was stated that CT will not allow reuse of water (one of 3 states--all in New England).  More to come...
4.  Any other business - discussion of where the finances of septic/treatment program stand...so far, so good (within budgets as bids come in)...
NEWS: Chair. of Select Committee appointed (12-20-01 by Board of Selectmen) as additional member of School Building Committee(now a member of the Board of Education, elected November 6, 2001)...consultant to Select Committee (on avoiding sewers) is retained by architects for school construction (to coordinate progress with State of Connecticut approvals and D.E.P.)...
#18 Update meeting...vital to keeping public informed (had been scheduled for day after World Trade Center attack) as H2O conservation/recycling efforts at High School must begin in a timely fashion or NO part of school project can proceed.  With more than a quorum present, the Chair. summarized progress to date, at the September 18, 2001 meeting in the Commission Room of Town Hall (changed from the 12th for obvious reasons).  Consultant reports on water recycling (to begin on a limited basis at Weston High School in a few weeks) and plans for late October visits to locations in CT with tertiary treatment plants were put forward.  Questions from the public were entertained.  The meeting lasted from 7pm to just before 9pm.
Chair. of Select Committee addresses Special Town Meeting on June 21;  "YES" vote on June 28 makes progress for septic system improvement project possible...work progressing on repair to Hurlbutt septic systems (as of the beginning of August, according to reliable sources)...
#17 Review of progress as Select Committee met on May 29, 2001 at 7:30pm in the Commission Room.  Present was a quorum consisting of Chair. Don Gary, Lucy Bowden, Alan Dorsey, Claudia Hahne, Richard Wolf;  present in the audience were:  Selectman Woody Bliss, a member of one of the sub-committees (scientific), members of the public.

The agenda covered a number of topics including testing results on Revson (so far no water table in sight) of significance.  Plan will be to run long galleries to the east/north, parallel to School Road on Revson to hopefully take all but the elementary school flow.  That will be handled by rebuilt septics and pump chamber.  Cost estimated preliminarily as $300,000 for this.  June 7 Board of Selectmen will will begin the School Construction project by satisfying DEP on "consent" agreement--Kindergarten Village.

Included in the request for the funds--perhaps total of $750,000--(through Town Meeting process) to meet the "order" from DEP will be water conservation items necessary to have in place to ascertain for sure that future treatment can be handled at the main School Road site (i.e. reduce usage of water for toilet and hand washing activities--but be able to show actual numbers starting in September 2001).  Funds to continue McDonald-Sharp through the remainder of the design process (until September) will be requested at the next Board of Selectmen's Meeting June 7 (League Observer thinks this is what was said).  Sub-Committees were discontinued as their work has been done...

The meeting was adjourned at @9pm.


#16 Update from consultant on testing progress April 9 in the middle of a really big thunder storm;  things looking good for Hurlbutt.  More testing needed to prepare septic system redesign at Revson and Bisceglie, the "fall back" septic site for possible new school building effluent.  Click HERE for report on Bisceglie (from last summer).  Present were seven members of the Select Committee, First Selectman Hal Shupack, Selectman Woody Bliss, Superintendent of Schools Janet Shaner and several members of the public.  The meeting lasted from 7:40pm to 9:50pm.  This meeting had been posted with less than 24 hours notice regarding the specific agenda items, but had been on the Town Clerk's calendar for two weeks in advance.  Discussion has been on-going among architect Fletcher-Thompson and engineers MacDonald-Sharp as "scenarios" are developed for April 21 community meeting.  Serious question about schedule for bond issue--can we make it before school is out for the summer?  Changing fixtures should be done ASAP;  recycling of grey water should be built into the design of any new building (s).
FOLLOW-UP, ON THURSDAY, MARCH 22 OF SCIENTIFIC SUB-COMMITTEE:
The Scientific Sub-Committee met at 7:30pm to present materials to Chair. for better communications with the main Committee, new other Teams and the Board of Selectmen.  After review of water recycling/conservation report (see below), it was found that the consultant had made a typographical error on the top page, and had presented accurately a sense of the scale of conservation results that might be expected (in the tables)...just a note on detail:  "dumb" flush system (as in the Ladies' Room on the Merritt Parkway heading "north" toward Hartford) would prevent double-flush on toilets designed for conservation. This is accomplished by electronic-program design of chip used for flushing mechanism.
#15 UPDATE ON PROGRESS TUESDAY, March 20 at 7:30pm, Commission Room at Town Hall...Final word from DEP not yet agreed upon...but watch for Friday, March 23 dig at School Road--high water tests by State of Connecticut.
School Road high water testing took place...results may be described at Special Board of Selectmen's meeting 3-26-01 (last item on long agenda).
There are fall-back plans in case things do not go well, but the Committee is hopeful of an immediate OK on this first phase of septic upgrades.  Discussion of draft report on water recycling--meeting in 2 weeks, if possible, to give updates and finality, perhaps, to the two issues just discussed. Also, it will be attempted to get the Select Team's architect to come to the Select Committee's next meeting to coordinate efforts.  This meeting ended a bit after 9pm.
Good news at Special Board of Selectmen's Meeting Saturday, Feb. 24--League Observer notes that discussion in response to a question regarding location of septic fields brought out that the CTDEP "order" that is about to come down concerns forcing the Town of Weston to upgrade all existing Hurlbutt such facilities...and when "high water" tests prove out feasibility of this prospect, Weston will be allowed to proceed with finding the rest of the solution to growing septic disposal need--without sewers (if this is physically possible).
#14Select Committee January 9, 2001, 7:30pm, Commission Room, Town Hall:Present were Chair. Don Gary, Lucy Bowden, Claudia Hahne, Alan Dorsey, Tom Failla, Jim Costello, Joe Fitzpatrick (Building Committee).  This meeting lasted approximately one hour.
Glenn Tucker, of Bethel,the water conservation specialist suggested by MacDonald-Sharpe, reported regarding water conservation program design (he will not do any detailed construction plans) within structures on School Road (three schools)--to be completed in three weeks (approx.).
MacDonald-Sharpe written report distributed recounting DEP visits re: immediate 12 room installation on School Road for KINDERGARTEN complex of temporary construction.  These buildings will use Elementary School septic fields (piped downgrade on School Road) and passed inspection and design review by DEP.  No guarantees for other schools or other approvals.  Awaiting "high water" testing in April re: rest of plan.  If water conservation and recyling can be made to work, it may be possible to reduce need for new fields (decrease maximum capacity required)--and thus perhaps not even need to use Bisceglie option.  NEXT MEETING:  in approximately three weeks...Select Committee to report to community "Speak Up" on February 10, 2001 at 10:30am at Norfield Church Parish Hall (NOTE: this was done.)
#13Select Committee Dec. 5, 2000 at 6pm, Town Hall Meeting Room
PRESENT: Stuart Fairbank of MacDonald-Sharpe;  Don Gary, Dick Bochinski, Claudia Hahn, Richard Wolf, Paul Heifetz (for P&Z);  in the audience--Chair. of Board of Education, Superintendent of Schools and three other members;  Conservation Commission observer;  two members of the Board of Selectmen;  sub-Committee members; Town Administrator;  League Co-President;  school community;  Norwalk HOUR, Weston FORUM; the meeting was taped.

Summary (meeting over @7:30pm)

#12 Select Committee NOV. 14, 2000 Commission Room, Town Hall
BESIDE THE COMMITTEE--PRESENT WERE:  All members of the Board of Selectmen, Superintendent of Schools and the Chair. of the Board of Education, the HOUR and the FORUM, parents, sub-Committee members, the general public.
SUMMARY:
McDonald-Sharpe's Stuart Fairbank reported (a copy distributed to Committee members--Chair stated that copies would be available at the Town Clerk's Office in the morning);  a review of the School Road sites was made, with preliminary findings that new fields may be located there and old fields (yet to be evaluated) together might, but might not, provide adequate space for all the sewage disposal needs of the schools.  It was recommended that Heady Property and Bisceglie Park be tested before the next meeting (November 28).  It was noted that nitrate removal via a tertiary treatment plant will be needed.  Recycling of water calculations are to be made next, as well.  We are to all hope for precipitation totals by the Spring that match typical data for our area, when "high water" levels will needed to round out testing.  (Pray for rain.)
#11Select Committee...Tuesday, October 17 in Town Hall...
Surprise!
The Select Committee met and reviewed information unearthed recently regarding prior engineering reports about septic disposal options for the schools.  These reports (4) were conducted between 1970 and 1982--and all came to similar end--not implemented fully if at all.  In any event, the upshot of finding this material now is that McDonald-Sharpe will know where to dig to find the best soils.  Perhaps, with this historical information and location guide to the campus, their work will be able to be completed more rapidly (?).

The natives are restless...
It was reported that there is rising unrest in the school community.  The Board of Education needs some assurances that the WWHD will permit more portables for next school year.  It was reported that our State Legislators may be asked to intervene in our behalf--an idea that was not welcomed by those on the Select Committee--who feel that only the professionals from McDonald-Sharpe will be able to make Weston's case (which is not a political problem but rather an engineering one). Also reported to those present was the fact that the leader of the DEP unit that reviews sewage disposal will attend to the Weston project personally.  (Jennifer is on maternity leave.)

Board of Selectmen (Oct. 5) and Board of Finance (Oct. 12), it is reported, approve contract for McDonald, Sharpe;  at the Board of Selectmen, Select Committee Sub-Committee asks for understanding that improvements to present water usage practice as well as hardware for corrective action be able to be approved outside the confines of the sewer alternative study.  It was "understood" that this suggestion was a good idea--as well as the understanding that testing would be done at the Heady Property for not only septic system for a potential new Pre K-2 school but also for necessary evaluation of the rest of the property for TOWN RECREATION FIELDS.
Select Committee...reappointed at Sept. 21 Board of Selectmen's meeting;  terms until December 31, 2000 (to be extended as needed);  new member from the Board of Education (Jim Costello)...to replace Chair. of that Board--during discussion subject of traffic study arose--Board of Education thinks that the O,R&L Plan took care of this.  Did it?  For an unofficial and non-League review of O,R&L, click HERE.
#10SELECT COMMITTEE MEETING, 9-14-00
Present:  Don Gary*, Alan Dorsey, Tom Failla**, Marguerite Terzian, Claudia Hahne, Richard Wolf***, Dick Bochinski, Lucy Bowden;  absent:  Mike Foster;  members of subcommittees, members of the Board of Education, Superintendent of Schools;  members of the Board of Selectmen (part of the time).

SELECT COMMITTEE voted to select McDonald-Sharpe as its engineering firm, after discussion with input from "Scientific Sub-Committee" members.  QUESTION: When will we know if a septic solution can be found?  ANSWER: Soon--but not too soon.
* = voted for Dymar
** = at the Board of Finance when vote was taken
*** = abstained, voted "for neither"

 #9SELECT COMMITTEE MEETING, 9-5-00
Present: Select Committee members present were:  Don Gary, Lucy Bowden, Marguerite Terzian, Tom Failla, Richard Wolf, Dick Bochinski and Alan Dorsey;  Sub-Committee members (many);  Board of Selectmen (all);  Weston FORUM;  LWV Co-President; general public

SELECT COMMITTEE met on Tuesday, September 5, 2000 at 7:30pm in the Town Hall Meeting Room.
The intention was to listen to one particular member of the Sub-Committee on Scientific Solutions (who had been away on business) and then approve or modify the contract with DYMAR.  After a vote to not move forward with the decision already made at a previous meeting, a new process was approved to open up the study job possibly to another firm in a second round of responses to this same invitation to work with Weston.  Chair. will be present at Board of Selectmen Special Meeting Wednesday, September 6th to report that progress.
...NEW SCHEDULE: [NOT OFFICIAL] as it was heard at the 9/5 meeting, September 12 at 4:30pm DYMAR and MacDonald-Sharp will have sent "last, best description" of what they can do, with the Select Committee meeting again on Thursday, September 14 to decide.
NOTE:  The Select Committee...was charged to come up with something in 90 days in re: the school septic problem.  This time is "up" on September 15.

#8SELECT COMMITTEE...AT AUGUST 29 MEETING:
PRESENT:  Richard Wolf, Tom Failla, Don Gary, Dick Bochinski, Claudia Hahn, Alan Dorsey, Lucy Bowden and Marguerite Terzian. SELECT COMMITTEE did not vote on contract--completion of contract by Town delayed and no time for review allowed...review to come this week, then vote at a Special Meeting T.B.A.;  "conservation" review function--maintaining water usage testing--taken over by "Scientific Solutions Sub-Committee" by a unanimous vote.
#7SELECT COMMITTEE...August 22;  Voted 5-1-2 (2 abstained because of procedural reasons) to recommend...DYMAR.  DYMAR chosen by vote after returning from executive session of Select Committee...August 22, 2000 discussed and debated  prior to Executive Session the virtues of this most qualified group of consultants and chose one--but as a courtesy to the Committee, League had not mentioned by name the winning firm on the Internet until now.  Next meeting of Committee next week.

SUB-COMMITTEE MEETING:  August 16, 2000 in Town Hall (7pm):
The "scientific" exploration of what exists--both in terms of understanding the actual conditions of water use, etc. as well as finding original drawings for septic systems--is well under way, in fact, the work to date looked complete.  Awaiting selection of consulting firm by full Select Committee, beginning of work on feasibility study for proposing septic system/nitrogen removal option and finding new locations for these.  Chair. of Select Committee present to elicit questions from sub-committee for reference checks of finalists.  Memo distributed regarding procedures used in research.
After all, members of the Select Committee decided to conduct interviews of consultants in public on August 15--August 16 meeting scheduled for 7pm for regular business.  Report on interviews on-line.
Note:At August 3, 2000 Board of Selectmen's meeting, Chair. of "Select Committee..." appears and reports on progress.  First Selectman asks that the Select Committee soon-to-be-hired consultant also do research and testing for possible future Town Hall/Library/Fire House expansions; another Selectman reminds all that first priority is finding alternative to sewers for School needs in time to move ahead with new school construction.
#6Select Committee...notes from August 1, 2000
Present:  Don Gary, Chair.,  Richard Wolf, Marguerite Terzian, Claudia Hahn, Dick Bochinski;  Les Wolf(sitting in for Mike Foster), Morris Gross, Laura Smits (for Lucy Bowden);  Woody Bliss.

This was a brief meeting (1/2 hour) to finalize the RFP--consultant to be interviewed at the next meeting (which will begin 30 minutes earlier to allow for three interviews and discussions after each).  The need to develop a water conservation plan at the schools was discussed (perhaps as part of the consultant's effort).  Also, a report from the "scientific" subcommittee indicated that Weston's water usage at the high school is much, much higher than at Staples or Fairfield...indicating a leak.
Reminder:  next week at 7pm...there will be meetings on Tuesdays in August (all at 7:30pm except for August 8th)!

#5Select Committee...notes from July 25, 2000
Present:  Don Gary, Chair.; Richard Wolf, Marguerite Terzian, Alan Dorsey, Claudia Hahn, Dick Bochinski;  Morris Gross (sitting in for Mike Foster) and Laura Smits (for Lucy Bowden); this meeting was taped;  Norwalk HOUR.

Lasting two hours, this was a meeting devoid of "outside" speakers.

The meeting reviewed the work to date of the subcommittees.  It is hoped to interview consultants by August 8th (one week later than had been promised).  In particular, some interesting reports came from the "scientific" group and the "conservation" team.  As a result of their findings to date, it is ever more necessary to retain professional advice.

Much volunteer time has gone into searching Town records (to no avail as far as the 90 day term of this Committee is concerned).  However, it has become clear that the septic solution might be workable if the  better soils at the Hurlbutt fields were used to underly engineered septics; also, the Bisceglie picnic spot and "par cours" (southern section), delimited separately from the rest of the Park, could offer opportunity for a smaller septic fields area--especially if the Heady Property were developed for a K-2 school.

It was reported that the School's staff in charge of maintenance has not been able to undertake wide-ranging tests or even draw up plans for a regimen that focusses on metering, reuse or recycling of water.  This is for 2 reasons:  the staff is not trained for this nor is there money in the budget to retain the skilled advice needed to set up an overall plan for water management.  This might be one of the tasks set aside for the Select Committee's consultant (?)--when the "RFP" is finished, all members of the Committee should  have contributed to designing the questions to be explored by a consultant.  Also, each consultant interviewed will have been asked the same questions.

The Building Committee representative took specific note of the pace at which the Select Committee was working--and observed that they would probably over-run the 90 day deadline...and then delay the construction of whatever is planned to be built to meet the reported enrollment crunch.
 

NEXT MEETING:  August 1, 2000


#4SELECT COMMITTEE...Notes for July 18, 2000
Town Hall Meeting Room, 7:30pm to 9:30PM approx.

Present:  Chair. Don Gary,  Mike Foster,  Lucy Bowden,  Claudia Hahn,  Alan Dorsey,  Dick Bochinski,  Richard Wolf,  Tom Failla,  Marguerite Terzian;  Superintendent of School Dr. Janet Shaner,; Joe Wolf, Business Manager of the Weston School System.  The Weston FORUM was present.

School Population:
The Committee has the need of accurate numbers for future (expected ) school population;  what the peak population is expected  to be and when it will occur is information the Select Committee requires.  Superintendent Shaner and Joe Wolf offered a document from the State Department of Education (October 28, 1999) which indicated that around YR2008  would be the peak--3098 (just shy of 3100).  The High School is expected to be hitting its peak population at the very end of the ten year cycle (ten years from now).  Other schools will have maxed out a couple of years ahead of Weston High.

 A discussion ensued  about the projection methodology--modified cohort survival. As a small community, Weston is particularly vulnerable to changes caused by companies moving out of the area, as well as the vagaries of the real estate market.  Mr. Wolf noted that his modifications of State estimates and projections allow for just this type of localized effect.  Questions about why the Board of Education was now willing to discuss an off-site Pre-K,K-2 elementary school were asked.

It was explained that the work of the "Steering Committee" during 1999 had proceeded under the orders to not consider the septic issue--that it would be solved.  Had the Board of Education chosen the alternative of "3-4-5 On Revson"  the sewer issue would have clearly come to a head much earlier.  But instead, the Building Committee and the Board of Education voted in favor of option "4A prime" which placed the new school near wetlands on School Road, and left the functioning school septic fields intact on Revson...

Questions were asked by the Committee regarding the amount of effluent produced now as that number relates to figures for a new school, the choice of going to another site off central campus for a building and the status of the O,R&L plan. Answers given were that we expect that DEP will require treatment facilities for 20 gallons per student (15 gallons, if we are lucky);  the Board of Education would go along with almost any site now--the children are here.  Lastly, the O,R&L plan can be modified for Hurlbutt as a 3-4-5.  As far as the rest of O,R&L's plan, we are "in-line" for $70 million plus inflation in Hartford.

SUB-COMMITTEE REPORTS:
The technology sub-committee hopes have engineers to be interviewed by the Select Committee in two weeks.  Metering must be continued and the data scrutinized by, perhaps, the engineers, prior to the interview process--along with distributing Fuss&O'Neill's data to the firms (so there can be a meaningfull interview process.)  Considering the short length of time the Select Committee has in which to find a solution,  the selection of  an independent, experienced firm is vital.  A case must be built for alternatives to be chosen.

The minutes were questioned re:  what the Town Engineer had said regarding the condition of the Middle School septic fields.  The Chair. and the Building Committee's member (who had been represented by the Vice-Chair. at the previous meeting) and the Town Engineer will get together before next meeting to determine which statements are accurate about the condition of the WMS septic situation.

NEXT MEETING:  Tuesday, July 25, 2000 at 7:30pm in the Town Hall Meeting Room.


#3SELECT COMMITTEE ...NOTES (JULY 6, 2000, 7:30pm)
Town Hall Meeting Room
7:30pm to 9:45pm (approx.)
Click here for photographic essay:

Present:  Don Gary, Marguerite Terzian, Corey Attra (for Tom Failla), Mike Foster, Michael Greenberg (for Richard Wolf), Alan Dorsey, Dick Bochinski, Lucy Bowden; Town Engineer John Conte

The meeting began with a review by Engineer Conte of some of the data not available at the last meeting on school septic systems.  It was noted that per capita water usage at Weston High School is higher than might be expected.

Review of septic systems on School Road revealed that the Elementary School site is actually not "failing" as seriously as the other sites up School Road.  This is because the soils are better there.  There is possibly even more room for septic system on the Elementary School site.  Repairs to the system to bring it up to present code has to be undertaken at some point.

Questions were asked as to why, in other engineering reports, had only  "sole site" approach for treatment been considered (instead of designing different, new systems [each smaller] for the different sections of the school campus).  Discussion was circular, returning to the "failure" of existing designs and the supposed intractability of DEP to consider options.  The purpose of the exercise was challenged by Building Committee and citizen members;  it was requested that members interested be allowed to explore an exercise in showing how a developer would approach the Town of Weston for zone changes, etc. if a sewer were to be installed to service JUST the Schools (and Town Hall Complex).

PROPOSED EXPANSION OF THE SCHOOLS HAS CAUSED THE PROBLEM TO SURFACE:
Question:  Can you put any kind of septic systems on School Road?  Ans.  No
Question: Is the water metering at the schools accurate and/or sufficient to get numbers from which to base hard and fast plans?  Ans.  No
Question: What did the Taurus Report actually say?  Ans.  Only commented about testing for the Elementary School--did make unproven, un-scientific statements about the rest of the school septics.
Question:  Is this not a less glum picture than we had been led to believe?  Ans.  Yes…but systems still are "failing" by present standards.

The Chair. then described the five sub-committees (with attendant "task forces") to be named (members names for volunteering to the efforts below):
1. Communications - ? (The minutes are being taken and available to all)
2. Search for Scientific Solutions Yet Unexplored (Lucy Bowden and Claudia Hahn)
3. Consequences of the Recommended Actions  (Marguerite Terzian and Dick Bochinski)
4. DEP Coordination and Exposition  (Don Gary and Tom Failla)
5. Conservation at Existing Facilities  (Mike Foster--with aid of staff and
Joe Padula, School's Engineer, who submitted a one page letter describing what water metering there was at the school complex)

At the same time as sub-committees are working, there will be a continuing building of information about and description of the process on-going--a "BOOK OF FACTS."  Townspeople are urged to volunteer for "task forces" (no mention whether the task force members will be indemnified as are members of the Committee)

Michael Greenberg of the Building Committee reiterated his feeling that the zoning "risk" be described and perhaps debunked.  He will come in with his concept of what "would happen" if the Town of Weston were to construct a sewer to the schools from Norwalk by way of either Wilton or Westport.  It was suggested that this activity was beyond the scope of this Committee.

At the next meeting (July 18, 2000 at 7:30pm in Town Hall) names of soil scientists and engineers who have the skills to assist in the broad charge to this Committee be reviewed and a name (s) suggested to the Board of Selectmen ($25,000 already approved by Selectmen--needs approval of the Board of Finance).  Exploration of Bisceglie Park, the Heady property and School Road for future septic disposal part of the consulting  is required from an independent consultant of high repute

PUBLIC COMMENT:
Some citizens offered help, requested that no condemnation be pledged;  offer of consulting sub-contract volunteer review.


#2SELECT COMMITTEE...NOTES, JUNE 28, 2000 (7:30pm):
Present were all but representative from the Planning and Zoning Commission;  meeting lasted for 2 and 1/2 hours.  All the information collected for members of the Select Committee are also available to the community--in either Town Hall or the Library.

TOWN ENGINEER
The Weston Town Engineer went over each septic system (total of 9) and each planned project in detail.  Many areas where "unknowns" exist (i.e. no data on usage in summertime).  The elementary school campus and fields are built on the best soils and may offer room for new septics;  the high school has the worst septic fields, although they are controlled release from both sides of School Road and may be shut off if there is a problem with one or the other until repair is made.  Middle School/Revson Field and other fields not a problem yet--but all systems "fail" if forced to be measured to current code--retroactively. (NOTE:  wherever there is green grass on Schools Campus, you can bet it is a septic system location!)

All septics do not meet current standards, and it was suggested that any improvements to School Road buildings would or might require septic system upgrades to current standards...is this true?

The Administration Building, the Department of Public Works and Town Hall/Library/Firehouse systems are not presently under orders or threat of orders by the DEP.  Before the next meeting, the Select Committee will walk Bisceglie Park (one of the places that might provide space for new septic fields).  The Committee will divide up into sub-comittees soon (to explore, most expeditiously, the OPTIONS available).  Scenarios for the possible options will be developed.

DISCHARGE is the problem.
In order to discharge into a Class 'A' stream (i.e. either branch of the Saugatuck River) there has to be adequate "travel time"--21 days until "break out" into a Class A stream, for example.  Because the Board of Education is "under the gun" to provide classrooms, etc., that Board's representative said they were willing to abandon the exclusive "Central Campus System" in favor of a K-2 or 3-4-5 school on the Heady property.

NEXT MEETINGS:
Thursday, July 6; July18, 25, August 1,8--TUESDAYS--at 7:30pm; July 6 at 6:30pm the Select Committee will convene in Bisceglie Park for a one-hour walk of potential septic site prior to convening at 7:30pm in Town Hall.


SCHOOL IS OFFICIALLY "OUT FOR SUMMER" JUNE 19, 2000:
Superintendent of Schools speaks to Kiwanis Club;  not in favor of year-round schooling (impractical in as small a district as Weston).  Twenty percent of school budget for Special Education...questions about this subject will increase after June 19 Board of Education meeting where copies of the full consulting report is made available.  Superintendent remarks that the efficiency of shared staffing least critical "at either end" of district (i.e.  elementary or high school) spectrum;  a new school 5 miles away from main campus not efficient, but Board of Education is flexible (not exactly what she said).


FOR THE RECORD:
SELECTMEN FORM AD HOC STUDY COMMITTEE 6-15-00
LWV of Weston Co-President named as one of five public members;   4 Chairs.--of Board of Education, Planning and Zoning Commission, Conservation Commission and Building Committee named--total of nine members.  First meeting listed in Town Clerk's Office for Monday, June 19, 2000 at 7:30om in Town Hall Meeting Room.
Members of this special committee are:
Marguerite Terzian, Planning and Zoning
Tom Failla, Conservation - now Charles Finkelstein?
Richard Wolf, Building Committee
Mike Foster, Board of Education - no longer on Board of Education - who is their representative?
Lucy Bowden
Dick Bochinski
Don Gary - Appointed Chair. of this AD HOC Committee
Alan Dorsey
Claudia Hahn

FROM THE JUNE 15, 2000 BOARD OF SELECTMEN'S MEETING ARE THE FOLLOWING LWV OBSERVER CORPS NOTES TAKEN FROM DISCUSSION
Summarized from Selectman Woody Bliss' presentation:

In the interest of (1) solving long standing school septic problems, (2) moving ahead with school planning process, and (3) responding to the public hearing of May 25th, the Board of Selectmen generally approved the charge, mission and members as reported below.

The people of Weston support quality education.  They want the waste water disposal problem solved.  However, many do not want sewers, or  condemnation of private property.  They agreed to slow down the process.

Weston is at a crossroads and the decisions that will be made in the next few months may have a profound affect on the Town's future character.  The Ad Hoc Committee may select a professional paid consulting team including a soil scientist, a geologist, an engineer and an administrator to make their work more time-efficient.  Among other ideas, analysis of 4-5 town owned sites would be prime.  How much effluent can each site safely handle, field life with treated effluent, regeneration prospects for existing septic fields, etc. would be some consdierations.   Engineering and research must be done to investigate and recommend technologies that can solve the problem.

Ad Hoc Committee called the Select Committee on the Impact of Sewage Treatment on the Character of Weston will has the following mission:

The Committee is charged with investigating the septic problems at the Weston schools and municipal facilities, and making recommendations for solutions to the Board of Selectmen.  These will include, but are not limited to, developing a clear problem statement, exploring all options for solution and evaluating associated risks, including consideration of what other communities have experienced solving similar problems, their success rates and costs.

Scope of inquiry
The scope of the Committee’s efforts are broad;  these should include recommendations for conservation measures in the schools to reduce the volume of water consumed and hence the volume of sewage produced.  The Committee should be mindful of the input from the public hearing held on May 25th (i.e. the unpopular idea of sewers and taking of land).  The Board of Selectmen designated the Chair of the Committee and its membership at the June 15, 2000 Board of Selectmen’s meeting.

Schedule
The Committee will work through the summer and will be given 90 days to report their findings and recommendations, including cost, to the Board of Selectman.

Resources Available to the Committee
The Committee will have access to professional and technical services through the Committee Chair, in addition to town employees and residents who are experts.  The Committee is encouraged to develop a budget at its first meeting.

Water Conservation is a must.
Study of water conservation in the broadest sense, including reduced usage, recycling, replumbing, etc. is vital.  How much gpd reduction can be achieved and at what cost is a question to be addressed by this Committee.  The impact on the environment of any and all solutions is of highest importance.