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January 27, 2006

Attorney General, DEP Commissioner To Fight Chester ZBA Decision That Undermines CT River Protections

Attorney General Richard Blumenthal and Department of Environmental Protection (DEP) Commissioner Gina McCarthy today joined the fight against a Chester Zoning Board of Appeals (ZBA) decision that threatens to undermine rules protecting the Connecticut River’s environment, wildlife and scenic beauty.

Blumenthal and McCarthy seek to intervene in the Connecticut River Gateway Commission’s appeal of a ZBA ruling allowing construction of a home 59 feet from the Connecticut River.

The commission, which sets land use and other rules, bans construction within 100 feet of the river unless the developer can prove that the structure poses no threat to the waterway’s environment and scenic beauty. Blumenthal, McCarthy and the commission maintain that the developer should not have received the variance because he failed to prove that the house would have no significant impact on the river.

"The Chester ZBA variance undercuts rules that protect the valuable wildlife, human enjoyment and scenic beauty of the Connecticut River," Blumenthal said. "The rule is crystal clear in forbidding construction within 100 feet of the river in these circumstances. The ZBA ignored warnings from DEP and the commission that the development would be illegal. If allowed to stand, this decision threatens to establish a precedent and exception that could swamp the rule. The decision must be overturned to preserve the river and its precious resources, like bald eagles that depend on shorelines for nesting and nurture."

"DEP strongly supports the efforts of the Connecticut River Gateway Commission to protect the unique landscape and resources of the lower Connecticut River through improved Gateway standards," McCarthy said. "We are working with municipalities to promote sound environmental development. It is critical that we stand together with Gateway in appealing this ill-considered variance."

The commission also argues that the variance should not have been granted because the high water elevation on plans is incorrect, the lot is unsuitable for a septic system and the proposed home exceeds height restrictions.

Blumenthal filed his action at Superior Court in Middletown.

 

 

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