Wilton’s Planning and Zoning Commission will likely allow ASML to conduct some limited continuity-of-operations traffic along a proposed emergency access road connecting the company’s campus at 77 Danbury Rd. to Arrowhead Rd.
However, commissioners did not reach a clear consensus on the specifics during their Monday, Apr. 13 meeting.
The commissioners agreed to review a revised draft resolution that would “blend” two sets of options outlined in an initial draft resolution allowing the use of the road by emergency services personnel and essential workers who would be allowed on site to repair damage as well as to “secure and maintain ongoing operations.”
One version of the language, labeled “A” in the draft, would have prohibited ASML outright from using the road to transport any employees to and from the site aside from security and maintenance personnel. The “B” option permits access by essential workers and sets a 30-day cap on use of the road following an emergency.
Residents of Arrowhead Rd. have objected to the proposed two-lane road connecting the street’s cul-de-sac with ASML’s parking garage, arguing that it would disrupt the character of the neighborhood and pose safety risks to children living there, and was evidence that ASML cared more about maintaining business operations during an emergency than residents’ quality of life.
Director of Planning and Land Use Management Michael Wrinn will provide P&Z with a revised draft of the resolution at its next meeting on Apr. 27 for further discussion.
Town Would Have Authority to Declare Emergency, Set Duration
Allaying one of the concerns expressed by residents, the draft resolution clearly establishes that town officials, not ASML, will have the authority to declare an emergency that would require the use of the road.
“The emergency would have to be declared by the emergency management director of the town of Wilton,” Wrinn told the commissioners. “This is not a case where you’re going to have ASML come in and say, ‘Well, we’ve got an emergency.’ It’s got to be done by the emergency management director, and [the person] playing that role is the fire chief.”
Wrinn explained that ASML would be required to implement and follow traffic controls when using the access road under the direction of Wilton’s Fire and Police Departments, and would bear the costs of those controls. Tractor trailers using Arrowhead Rd. would have to be accompanied by traffic control professionals.
While the original draft limited access by tractor trailers to weekdays between 7 a.m. and 6 p.m., commissioner Anthony Cenatiempo proposed breaking that up into two periods to allow school buses to reach the neighborhood without interference from construction and repair vehicles.
“On one hand, we have recognized … that there needs to be a second way of leaving the property in the event of emergency,” Cenatiempo said. “On the other hand, we try to recognize the Arrowhead residents and … hopefully have this not be something where … ASML just gets to use the street without any restrictions and that they understand that there are these restrictions in place, so that maybe they would be encouraged to make the repair to the bridge sooner rather than later.”
Commissioners Remain Divided on Extent of Access Road Use
Commissioner Trevor Huffard was the most outspoken of the commissioners in favor of limiting use of the road to emergency and construction vehicles and personnel only. He said that he believed ASML had not exhausted all available options through consulting with local, state and even federal officials to find an alternative route. He also expressed frustration that ASML would not be required to provide financial compensation to Arrowhead Rd. residents for inconveniences experienced during emergency operations.
“I’m all in favor of providing [the access road] for emergency use,” Huffard said. “Beyond that, I believe it’s a business decision. And I’m disappointed that ASML has not been able to reach a business solution to this problem.”
P&Z Vice Chair Mark Ahasic and commissioner Margit Ritz said they were struggling to balance ASML’s need for an alternate entrance with its potential impact on Arrowhead Rd. residents.
“I think the reality is, if the primary bridge is down, ASML is a business, they’re going to want to see their plant continue to be in operation, and they’re going to want to use Arrowhead … to bring people in on a daily basis, bring employees in, operate the plant, have trucks come in and go out,” Ahasic said. “And there will be an impact, if that were to happen, … to the residents of Arrowhead. And how do we minimize that impact? And I think that’s the thing we need to think about.”
Commissioner Jill Duncan said that while she liked the “A” option’s emphasis on quickly restoring access via the main Danbury Rd. entrance, the language might be too restrictive by not allowing for emergency situations that don’t affect that entrance. She said she would prefer “a mix between ‘A’ and ‘B.'” Duncan added that she favored keeping the language that places the decisional authority for declaring an emergency with town officials rather than with the company.
Commissioner Jessica Rainey said her concern was that, in the event of an emergency that rendered the Danbury Rd. entry unusable for an extended period of time, she did not see shutting down all operations at the plant until it was open again as “realistic or feasible.” In the event of extended use of the emergency access road, the town would need to ensure that ASML was strictly following the resolution’s conditions regarding hours of operation, traffic controls, and costs.
While generally favoring the “B” option’s allowances for limited continuity-of-business traffic on the emergency road, commissioner Anthony Cenatiempo said this should not be construed as the town granting ASML carte blanche. He stressed the need for ASML and the town to keep Arrowhead Rd. residents informed about traffic operations on their street, and he praised the requirement in the “B” option that ASML report to P&Z with 10 days of an emergency to obtain a determination of limits on the use of the emergency road while the Danbury Rd. entrance remains impassable.
Summarizing the discussion, P&Z Chair Ken Hoffman asked Wrinn to prepare a new draft resolution incorporating a “blend” of the “A” and “B” options as requested by the other commissioners, along with Cenatiempo’s request for a daytime break in tractor trailer traffic on Arrowhead Rd. and the draft’s requirement for professional traffic monitoring whenever tractor trailers operate on Arrowhead Rd.
P&Z “Under No Pressure” to Approve Special Permit
Following the discussion, Huffard reiterated an argument he had made during the public hearings, that ASML had not exhausted all the possibilities for an alternate route for the access road, particularly the existing road through the adjacent Eversource power line easement or a bridge over the railroad tracks along the west side of the property. However, Hoffman noted, P&Z does not have the authority to require ASML, or any applicant, to consider other options that they have not presented as part of their permit application.
Wrinn agreed with Hoffman’s assessment. “You’re going to make your decision based upon what you heard from the neighbors, from the [ASML] attorney, and from the applicants and the public,” Wrinn said. “And if you feel the applicants did an adequate job of explaining that they could not do that, well, then you vote yes. And if you feel that, ‘Well, maybe they didn’t go far enough and there are other options,’ well, then you’re going to vote no.”
Wrinn said he would take the requested changes back to his staff to prepare another draft for the commissioners to review and discuss at their next meeting on Apr. 27.
“If you do feel uncomfortable or need to rewrite it, we can easily go another meeting,” Wrinn said. “You’re under no pressure to approve this at your next meeting.”