Coalition, East Lyme Officials Oppose Oswegatchie Hills Project

EAST LYME, CT — From Save Oswegatchie Hills Coalition: Leaders of the Save Oswegatchie Hills Coalition are joining the Town of East Lyme in asking the Connecticut Supreme Court to review a recent Appellate Court decision that could require the Town of East Lyme to grant a large portion of its remaining sewer capacity to a developer.

Connecticut Fund for the Environment filed the Petition for Certification to Appeal to the Supreme Court on Monday on behalf of its coalition partners, the Friends of the Oswegatchie Hills Nature Preserve and Save the River-Save the Hills. The Law Firm of Waller Smith and Palmer filed a petition on behalf of the Town of East Lyme.

“We continue to believe that East Lyme should not be required to donate an extraordinarily large portion of its highly constrained sewage capacity to a project that would destroy the Oswegatchie Hills,” said Roger Reynolds, chief legal director for Connecticut Fund for the Environment/Save the Sound. “We disagree with the appellate court’s decision and stand with East Lyme in asking the Supreme Court to review it. The Town should be able to use its sewer capacity to serve the rest of the community and address ongoing pollution problems, not prop up an environmentally destructive development.”

The rock formations, rugged forest, wetlands, and vernal pools of the Oswegatchie Hills are home to a multitude of native plant and animal species and serve as a refueling stop for migrating birds. The forest helps protect the delicate ecosystem of the Niantic River, a tidal estuary that flows directly into the Long Island Sound. The southern two-thirds are protected as the Oswegatchie Hills Nature Preserve, which provides hiking and birdwatching for residents from around the state. The northern 236 acres are owned by Landmark Development, LLC, which seeks to construct 840 units of housing, with 1,767 parking spaces and 36 acres of pavement and hard surfaces. Not only would the diversity of animal and plant life be harmed by this development, but stormwater runoff carrying pollutants from acres of impenetrable surfaces could threaten water quality on the land and in the river below.

These filings are the latest in a process that has been going on for several years. After a series of court actions, East Lyme did a calculation required by court order and found the town could allocate 14,434 gallons per day of sewage capacity to Landmark’s project. Landmark appealed. Rather than considering earlier court orders of the Commission’s calculations or constrained sewage capacity, the court compared it to a different project and ordered the town to provide whatever amount of sewage was necessary to allow the development to go forward. East Lyme and the environmental groups appealed and on August 21, the Appellate Court ruled for the developer. The Town and the conservation advocates are now seeking review of that decision by the Supreme Court.

Greg Decker, Friends of Oswegatchie Hills Nature Preserve president and chief steward, said, “The court decision was a setback for the cause of protecting the last mile of coastal fragile forest and Niantic River. But as we have demonstrated for over 16 years, we are in it for the long haul and we are not going to be deterred by one lost battle. We have science, the law, and the will of the local community on our side in this fight.”

“The Appellate Court’s decision flies in the face of the spirit of the Home Rule Act,” said Fred Grimsey, president and founder of Save the River-Save the Hills. “We believe strongly that the pollution this development would generate would be a nail in the coffin in the Niantic River. We have fought too long and hard to give up now, so we’re asking the Superior Court to reverse this bad decision and protect the Hills and the Niantic.”

The advocates are also awaiting a ruling from the Connecticut Superior Court on a second case. The developer appealed the East Lyme Zoning Commission decision limiting development to within the sewer district and requiring environmental concerns to be addressed. CFE, the Friends, and Save the River-Save the Hills are defending that decision and have submitted a motion to dismiss the developers appeal. They are currently awaiting a decision.

Image via Shutterstock

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