Update on Landmark Devel [Affordable Housing Regulation]
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12/3/20
After multiple public hearings, EL Zoning Commission rejected the proposal to change the Affordable Housing regulations.
“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.”
In 2015, East Lyme Zoning Commission conditionally approved the developer’s preliminary site plan to build multiple multi-unit buildings and paved parking lots in the Hills subject to additional environmental information and wetlands review. The developer appealed that decision and the Connecticut Superior Court will hear the case in early 2021. We continue to advocate that the best use of the northern end of the Oswegatchie Hills ridgeline, including a mile of undeveloped Niantic River shoreline, is preservation as open space. Our goal is to see this land added to the adjoining Oswegatchie Hills Nature Preserve and protected for wildlife and for gentle use like hiking and birdwatching by future generations.
We will keep you updated as details develop, but please feel free to contact us if you have any questions. Thank you for your continuing support. Check here for historical information.
After multiple public hearings, EL Zoning Commission rejected the proposal to change the Affordable Housing regulations.
“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.”
In 2015, East Lyme Zoning Commission conditionally approved the developer’s preliminary site plan to build multiple multi-unit buildings and paved parking lots in the Hills subject to additional environmental information and wetlands review. The developer appealed that decision and the Connecticut Superior Court will hear the case in early 2021. We continue to advocate that the best use of the northern end of the Oswegatchie Hills ridgeline, including a mile of undeveloped Niantic River shoreline, is preservation as open space. Our goal is to see this land added to the adjoining Oswegatchie Hills Nature Preserve and protected for wildlife and for gentle use like hiking and birdwatching by future generations.
We will keep you updated as details develop, but please feel free to contact us if you have any questions. Thank you for your continuing support. Check here for historical information.
Update on Landmark - Land Acquisition
We are frequently asked about the status of negotiations to acquire the remaining Oswegatchie Hills. Multiple good faith offers have been made over the years to purchase the property at fair market value and protect the remaining undeveloped Oswegatchie Hills; none of which were acceptable to Landmark. This includes, most recently, written and compelling offers from the Trust for Public Land, which successfully negotiated protection of the 1,000-acre Preserve in Old Saybrook. We continue our efforts to prevent inappropriate over-development of this special place.
For information about the historical background, click here
For information about the historical background, click here
Save Oswegatchie Hills Coalition
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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 Sewer Decision:
Our legal counsel feels that the recent court decision is flawed on many levels. As one example, Supreme Court has upheld repeatedly the distinction between a sewer "connection" and an "extension." We feel that Superior Court incorrectly decided that because the Gateway project received a "connection," that Landmark should, therefore, be granted capacity for an "extension." Gateway has been paying sewer benefit assessment for their land for years and the site abuts an existing sewer line. This is not the case with Landmark and we believe that this as well as other errors with the recent court decision are significant. We, therefore, are proud to support the town of East Lyme in their request to have this case reviewed at the Supreme Court.
Zoning Appeal to Superior Court
After over a year of inactivity on this case, the Court held a status conference on November 27, 2017, in which the Court addressed Landmark’s anticipated response to Save the Sounds (formerly CFE) motion to dismiss the appeal. Follow-up telephone conferences were held in December, January and February with the judge. No further calls are scheduled, and we expect a decision on our motion to dismiss Landmark’s appeal in the next several months.
Sewer Appeals to Appellate Court
The sewer appeals (both our appeal and East Lyme’s) was presented in the Appellate Court on April 10, 2018. 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. The cases are A.C. 39804; 39806. We will keep you posted on the judges ruling.
Our legal counsel feels that the recent court decision is flawed on many levels. As one example, Supreme Court has upheld repeatedly the distinction between a sewer "connection" and an "extension." We feel that Superior Court incorrectly decided that because the Gateway project received a "connection," that Landmark should, therefore, be granted capacity for an "extension." Gateway has been paying sewer benefit assessment for their land for years and the site abuts an existing sewer line. This is not the case with Landmark and we believe that this as well as other errors with the recent court decision are significant. We, therefore, are proud to support the town of East Lyme in their request to have this case reviewed at the Supreme Court.
Zoning Appeal to Superior Court
After over a year of inactivity on this case, the Court held a status conference on November 27, 2017, in which the Court addressed Landmark’s anticipated response to Save the Sounds (formerly CFE) motion to dismiss the appeal. Follow-up telephone conferences were held in December, January and February with the judge. No further calls are scheduled, and we expect a decision on our motion to dismiss Landmark’s appeal in the next several months.
Sewer Appeals to Appellate Court
The sewer appeals (both our appeal and East Lyme’s) was presented in the Appellate Court on April 10, 2018. 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. The cases are A.C. 39804; 39806. We will keep you posted on the judges ruling.