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The DEP recently approved the town's Level A aquifer mapping, and now the town will establish its regulations regarding aquifer protection of the two areas indicated on the map-A103 and, to the north of it, A 104, which is situated along the Route 7 corridor.
The regulations could have an impact, for example, on the future development of the former Century Brass site on Scovill Road, which the town acquired about 10 years ago through the non-payment of back taxes, and the Still Meadow property, which some municipal want to have developed into a banquet facility in the future.
Mr. DiBella, who has been the town counsel for six years and formerly held a similar position in Sherman, said that the state statute "is at war with itself" since in one section it appears to allow "exceptions" that would provide opportunities for grandfathering the regulations and in another section it indicates that grandfathering would be "prohibited."
"With any state legislation, you don't imply things-you get them spelled out," Mr. DiBella said. "I can't take a chance."
He said that he has spoken with several other attorneys with experience in municipal land-use regulations who have said they also are confused by the statute.
DEP Communications Director Dennis Schain has said that after the department approved the Level-A mapping the "next step" of the town would be to "adopt boundaries put in regulations that will govern the aquifers."
"I think the best course is to address it legislatively," Mr. Chapin said regarding the potential conflict in the statute.
He said the DEP adopted an aquifer protection plan in 1989 but that some of the regulations were only established within the last five years.
"Maybe there need to be some tweaks to it," Mr. Chapin said.
"The challenge is to balance the aquifer protection with the impact on the value of the property," he said. "How do you go about doing that?"
Mr. Chapin said that he has spoken with DEP officials about the issue and planned to discuss the issue with Amey Marrella, the department's commissioner, during a meeting this week on a separate topic.
