Complex

argues just 7 acres would be developable should the apartment complex go through and wouldn’t be in a configuration conducive for a structure.

The wetlands issue argued by UConn involves the preservation of a habitat for amphibians. The habitat, or “vernal pool,” is a breeding area for the creatures, two which are on the state’s endangered species list: the northern spring salamander and the green wood frog, Corbett said.

Corbett cites a 2002 study of vernal pools that recommends developing no more than 25% of the land within 750 feet around such breeding grounds.

He acknowledges that the study’s recommendation has not become state regulation. But Corbett said it has been referenced in other developments and was included in the construction of Discovery Drive, which runs through the tech park and by the breeding area. If you combine the land taken for the road and what’s proposed for the apartment complex, also partially within the 750 feet, the largest lot in the tech park “becomes undevelopable,” Corbett said.

Cody, the attorney for developers Capstone Collegiate Communities, based in Alabama, and J.E. Shepard Co. of South Windsor, said the 2002 study is simply a planning tool to better understand the science of vernal pools.

“The guidance document does not carry the force of law or regulation, and has never been used as such,” Cody said.

Even with wetland permits that are already in place for the tech park, Corbett argues the parcel would not be able to be developed.

UConn said it takes seriously the preservation of the breeding grounds, pointing to annual inspections by wildlife officials for the vernal pool’s ecological health.

On Monday, Mansfield’s inland wetlands commission approved the development of the complex. But the development still must clear planning and zoning. Corbett said a court challenge by UConn is possible.

Corbett said the commission members should have considered that UConn is the owner of the larger part of the area around the breeding grounds.

Paul Aho, chairman of Mansfield’s inland wetlands commission, referred questions to Town Attorney Kevin M. Deneen. Deneen said the town does not have jurisdiction over property owned by UConn, or what might happen there in the future.

“The inland wetlands determined there wasn’t any significant impact on wetlands,” Deneen said. “So they have to act on that application, not on what might happen to someone else’s application, or something theoretical down the road.”

David Fresk, a project manager at J.E. Shepard, said the development meets the goals of the town, including the redevelopment of the “Four Corners” area where his apartment complex would be located.

“The goals also include the creation of affordable housing and an increase in the tax base,” Fresk said. They want to provide an attractive and desirable alternative for students who are living in residential neighborhoods to get out of those neighborhoods and into well-developed, well-managed communities of their peers.”