Save Oswegatchie Hills Coalition Legal Update |
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Save the Sound continues to represent us in ongoing legal battles to protect and preserve the remaining 236 acres of undeveloped, unprotected Oswegatchie Hills.
Regarding the Zoning Appeal: 10-26-21
In long-awaited victory for conservation of East Lyme’s Oswegatchie Hills and the Niantic River, a judge has ruled in favor of three organizations seeking to protect 236 acres of coastal forest threatened with destructive development. The court rejected the developer’s challenge to the preliminary decision, sending the decision back to the local zoning commission. [See the complete press release here]
Regarding Affordable Housing Regulations: 12/3/20
A recent decision by East Lyme’s Zoning Commission upholds our efforts to protect the remaining undeveloped Oswegatchie Hills from proposed high density development. On December 3, the Zoning Commission denied an application by the developer who owns the 236 acres of coastal forest to change the town’s existing Affordable Housing regulations. The proposed changes would have reduced the commission’s ability to require a developer to provide adequate environmental information in a final site plan. “It was a strong and well-reasoned decision by the town’s zoning commission to maintain the ability to exercise its authority over proposed development,” says Roger Reynolds, Save the Sound’s senior legal counsel. “The courts had already ruled that it was reasonable and within the authorities of the commission to require environmental information, including information about wastewater and coastal impact, before the commission would make its decision. So we are pleased to see this ruling.”
Regarding the Sewer Decision:
The sewer appeal was presented in the Appellate Court on April 10, 2018 (cases are A.C. 39804; 39806). We argued that in overturning the Sewer Commission’s decision to limit the amount of sewage capacity granted to Landmark, the Superior Court judge improperly usurped East Lyme’s authority to make decisions on allocation of this scarce and environmentally important resource. Unfortunately the Appellate court in Hartford has ruled that the commission must grant the developer more access to the town's sewer system than the commission wants to give it.
East Lyme town officials were forced in December 2018 to allocate 45 percent of the town's estimated remaining capacity to Landmark Development for a proposed 840-unit housing development set over 236 acres in the town's Oswegatchie Hills — spurring discussions on what recently has become an obvious capacity issue. Informally known as the tri-town agreement, East Lyme negotiated its sewage capacity allotment with Waterford and New London nearly 30 years ago, before the town developed into what it is today. As part of that agreement, East Lyme is allowed to send up to 1.5 million gallons to New London's wastewater treatment plant per day, 15 percent of the 10 million gallons the plant can process on a given day. Nickerson said that the agreement outlined with New London and Waterford states that there is no capability for sewage expansion, though the three towns will renegotiate their sewage needs in 2020.
In long-awaited victory for conservation of East Lyme’s Oswegatchie Hills and the Niantic River, a judge has ruled in favor of three organizations seeking to protect 236 acres of coastal forest threatened with destructive development. The court rejected the developer’s challenge to the preliminary decision, sending the decision back to the local zoning commission. [See the complete press release here]
Regarding Affordable Housing Regulations: 12/3/20
A recent decision by East Lyme’s Zoning Commission upholds our efforts to protect the remaining undeveloped Oswegatchie Hills from proposed high density development. On December 3, the Zoning Commission denied an application by the developer who owns the 236 acres of coastal forest to change the town’s existing Affordable Housing regulations. The proposed changes would have reduced the commission’s ability to require a developer to provide adequate environmental information in a final site plan. “It was a strong and well-reasoned decision by the town’s zoning commission to maintain the ability to exercise its authority over proposed development,” says Roger Reynolds, Save the Sound’s senior legal counsel. “The courts had already ruled that it was reasonable and within the authorities of the commission to require environmental information, including information about wastewater and coastal impact, before the commission would make its decision. So we are pleased to see this ruling.”
Regarding the Sewer Decision:
The sewer appeal was presented in the Appellate Court on April 10, 2018 (cases are A.C. 39804; 39806). We argued that in overturning the Sewer Commission’s decision to limit the amount of sewage capacity granted to Landmark, the Superior Court judge improperly usurped East Lyme’s authority to make decisions on allocation of this scarce and environmentally important resource. Unfortunately the Appellate court in Hartford has ruled that the commission must grant the developer more access to the town's sewer system than the commission wants to give it.
East Lyme town officials were forced in December 2018 to allocate 45 percent of the town's estimated remaining capacity to Landmark Development for a proposed 840-unit housing development set over 236 acres in the town's Oswegatchie Hills — spurring discussions on what recently has become an obvious capacity issue. Informally known as the tri-town agreement, East Lyme negotiated its sewage capacity allotment with Waterford and New London nearly 30 years ago, before the town developed into what it is today. As part of that agreement, East Lyme is allowed to send up to 1.5 million gallons to New London's wastewater treatment plant per day, 15 percent of the 10 million gallons the plant can process on a given day. Nickerson said that the agreement outlined with New London and Waterford states that there is no capability for sewage expansion, though the three towns will renegotiate their sewage needs in 2020.