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Voices asked Chair Mary Tyrrell how the loss of 845 square feet of wetlands is not a significant adverse impact and how that and could be an improvement to the wetlands. That s why we want to appeal [the case], Ms. Tyrrell said. I have problems with that. Ms. Tyrrell said she was unsure where the judge got that information from. I believe that s one of my biggest problems. If we allow this decision to stand and not appeal it, this could become precedent-setting to all inland wetlands agencies in the state of Connecticut, she said. And I fear what that would mean, because why would the Inland Wetlands Agency exist if the premise is that filling wetlands doesn t hurt them and does improve them? At this point, our biggest thing is we re trying to get the town of Woodbury to agree to fund the appeal. Ms. Tyrrell had requested the first selectman to allow the commission to meet with its attorney to discuss options during its executive session on Monday, however her request was denied.First Selectman William Butterly said the town is going to be over its legal budget for the year and there was no money left to pay for the lawyer s services for that meeting.Between the costs of the two Nonnewaug High School Renovation Plan court cases, labor negotiations, legal opinions and other litigation, the town has burned through most of the legal fee account.Mr. Butterly expects the town will need to transfer at least an additional $30,000 this year to the line item in order to meet the town s needs.Ms. Tyrrell, who was not pleased with Mr. Butterly s decision, said the town had budgeted $150,000 in the legal fees line item for many years, but during the 2013-14 fiscal year it was reduced to $100,000.The appeals process for this case would cost the town approximately $1,600 this fiscal year. Ms. Tyrrell noted that this cost, coupled with the $130,000 in other expenses, would still keep the town under its former legal fees budget.According to Mr. Butterly, the three cases with Mr. Zappone have cost the town approximately $25,500 since 2010. The town could spend approximately $4,000 more in legal fees if the case proceeds, he said.According to Ms. Tyrrell, unnecessary damage to the wetlands has the potential to cause problems that could cost the town significantly more than a few thousand dollars. If significant erosion occurred on that site, that left that site and went further down, it could impact the drainage on the roadway, the town roadway; it could affect other brooks and streams that are feeders along [Quassapaug Road]. We have already had some significant problems with that drainage there. We also have documented costs of septic problems that the health district has followed. Ms. Tyrrell said there are significant drainage issues in the area and a high coliform bacteria count in the stream as a result of failed septic systems in the area. Its bacteria from, usually feces, Ms. Tyrrell said of the coliform, a bacterial species to which E. coli belongs. High bacterial accounts occur whenever there s flooding, she said. Luckily it s treated mostly, in the distance it has to go before it gets to the rivers. But all of that is recharge area for our aquifers, which provide our drinking water. After receiving several visits from Inland Wetlands Agency members about the case, Mr. Butterly said he wanted to try speaking with Mr. Zappone to come to an agreement without going to court.He said his attempt to reach out to Mr. Zappone was interrupted by visits from agency members, which he called the Inland Wetlands chairwoman s lobbying efforts. I believe that it is worth the effort to solve this issue by getting people to sit down with one another, Mr. Butterly said. That had been the traditional small town approach to problem solving. Ms. Tyrrell said the commission has met and spoken with Mr. Zappone on several occasions, both at wetlands meetings and during arbitration meetings at the courthouse. When you come to table, both parties have to be willing to bend, Ms. Tyrrell said. It s unfortunate that it gets put in the situation where the board sometimes says, well, why don t you try looking at this, this, this and this, and then they ll come back and say well, we did this and this, and that s all we re going to do and then they feel that you have to approve it. We re just making suggestions of things that might make the application have less impact and, therefore, we would look more favorably upon it, and that s the situation where we just have not seen anything at this point that makes us say yes, this is perfect , she said. 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