Gov. Malloy Signs Order Implementing the State Water Plan Reaffirms Commitment to Water as a Public Trust

water

(HARTFORD, CT) – Governor Dannel P. Malloy today signed an executive order directing the state’s Water Planning Council (WPC) to immediately implement the State Water Plan that was submitted to the Connecticut General Assembly in January 2018.

The plan, which was ordered by the General Assembly through Public Act 14-163, was developed by the WPC to balance the needs of public water supply, economic development, recreation, and ecological health. It was completed through an exhaustive and transparent process that included an extended period of public comment from all stakeholders. The plan required legislative review and approval, but the legislative session ended without action from the General Assembly.

A major point of contention for some legislators was a provision in the State Water Plan’s executive summary that declares water a public trust – a declaration of public policy that has been enshrined in state statute for more than 40 years. The Governor’s executive order recommits to the definition of water as a public trust.

“The State Water Plan is a critically important initiative that puts the needs of Connecticut families ahead of the commercial interests of private water utility companies and big businesses,” Governor Malloy said. “We should all be able to agree that water is a precious resource that should be protected for the public’s interest and safeguarded for future generations in the event of emergencies. Today’s executive order does just that, ensuring that we waste no time safeguarding our clean water supply.”

In addition to implementing the State Water Plan, the executive order takes the following actions:

  • Directs the WPC to coordinate and work with the advisory group established pursuant to Section 25-33o(c) to help implement the State Water Plan.
  • Orders the WPC to resubmit the State Water Plan to the General Assembly for its review and approval by December 1.

“Connecticut’s water resources are among the purest and most well protected in the nation, and the State Water Plan ensures that this public trust resource will be wisely stewarded for future generations,” Department of Energy and Environmental Protection Commissioner Rob Klee said. “This plan, developed through a consensus-based stakeholder process, provides the data and guidance needed for our state to make informed choices in managing this precious resource.”

“The preservation, management and use of water is critical to Connecticut’s future,” Department of Public Health Commissioner Dr. Raul Pino said. “I thank the Governor for championing this important, multi-year plan that is designed to ensure a balanced use of this most precious natural resource, and we look forward to working with the administration, the legislature and the other members of the Water Planning Council to enact the State Water Plan.”

“Public Trust is a policy that recognizes the public’s inherent right to clean air, clean water, and a healthy environment,” Alicea Charamut of Connecticut River Conservancy said. “Here in Connecticut, we are fortunate to have this public trust policy solidified in statute – a statute that has been in place for 40 years. But those who profit from our water resources consider this policy a threat to their bottom line and seek to undermine its principal. They claim its inclusion in Connecticut’s State Water Plan as it currently resides will introduce uncertainty and confusion. To the contrary, honoring Connecticut’s public trust policy will ensure that we have clean and adequate water for public health, the environment, recreation and the economy for generations to come.”

The WPC is comprised of representatives four agencies: the Department of Energy and Environmental Protection, the Department of Public Health, the Office of Policy and Management and Public Utilities Regulatory Authority.

The State Water Plan is the first of its kind in Connecticut.

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PUBLIC MEETING ON 2018 PLAN OF CONSERVATION AND DEVELOPMENT WEDNESDAY JUNE 20

pz notice of meeting

P&Z Releases Proposed Update to Plan of Conservation & Development

Do you cherish what makes Easton a special oasis amidst the bustle of Fairfield County? P&Z is considering a “Village District” in the proposed update of the Easton Plan of Conservation and Development (click here for more info) that could allow new commercial businesses in the Firehouse Green, Route 59 and Silverman’s Farm area such as small retail, specialty shops, restaurants, farm/garden centers, craft centers, businesses, professional offices, and public buildings.

P&Z will hold a public meeting on the draft on Wednesday, June 20, 7 p.m. at Helen Keller Middle School.

Existing retail establishments in town predate current zoning restrictions adopted in the 1940s when the town forefathers wisely enacted one- and three-acre residential zoning to control development and protect the watershed. With increasing stresses on the watershed and development pressures, it is more important than ever to retain our existing zoning.

JUNE 7 SCREENING OF HOMETOWN HABITAT, STORIES OF BRINGING NATURE HOME

Fairfield County UCONN Master Gardeners Carol Hamilton and Jean Stetz-Puchalski are hosting a screening of Hometown Habitat, Stories of Bringing Nature Home at the Easton Public Library Community Room, 691 Morehouse Rd, Easton, CT 06612 on June 7, 2018 at 7pm. FREE and open to the public. Hometown Habitat, Stories of Bringing Nature Home is a 90-minute environmental documentary produced by award-winning filmmaker, Catherine Zimmerman, that focuses on showing how and why native plants are critical to the survival and vitality of local ecosystems. Hometown Habitat uncovers the secret life of local plant and wildlife food webs many do not often get to see. Join us for this screening that inspires and provides the opportunity to learn about how to make a difference in our own landscapes and community gardens.

Hometown Habitat features renowned entomologist Dr. Douglas Tallamy, whose research, books and lectures on the use of non-native plants in landscaping, sound the alarm about habitat and species loss. Tallamy provides the narrative thread that challenges the notion that humans are here and nature is someplace else. “It doesn’t have to and shouldn’t be that way.” Inspiring stories of community commitment to conservation landscaping illustrate Tallamy’s vision by showing how humans and nature can co-exist with mutual benefits. The message? We have the power to support habitat for wildlife and bring natural beauty to our patch of earth.

Film trailer

Information/Registration Link to Easton Library Events Page

10th Annual Citizens for Easton Farm Tour is Saturday, August 11

Mark Your Calendars! The ever-popular Citizens for Easton Farm Tour is scheduled for Saturday, August 11, 2018 from 10-2. The starting point to check in and pick up your map to Easton farms is Samuel Staples Elementary School, located at 515 Morehouse Road, Easton. Come and enjoy the agricultural delights, food, fun, and educational activities as we celebrate Easton’s farming community. Stay tuned for more details on this exciting annual event!

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Happy Earth Day!

In Easton, we have much to treasure. On this Earth Day weekend, be sure to check out some of the beautiful places in our town.

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STATE WATER PLAN ARTICLE FROM FAIRFIELD CITIZEN

Connecticut regulators approve sale of Aquarion

As expected, Connecticut regulators approved Aquarion Water’s $1.7 billion sale to Eversource Energy, combining the largest energy and water companies in the state even as Eversource revealed plans to increase electricity rates beginning next May. Eversource is paying $880 million in cash and assuming another $795 million in Aquarion debt to acquire the water company from Macquarie, with Aquarion’s assets valued at $1.1 billion as of March. Under CEO Chuck Firlotte, Aquarion generated revenue of $181 million last year from its Connecticut operations, and profits of $39.7 million. In Connecticut, the company serves some 625,000 customers. Read more here.

Saddle Ridge legal challenges proceed through courts

The proposed development plan for the 124-acre Saddle Ridge property, which would include single-family homes and duplex units, with 30% of them to be designated as affordable housing.

Legal challenges to the approved Saddle Ridge housing development are slowly working their way through the courts, with no clear indication when written briefs might be filed or oral arguments will take place.

The Planning and Zoning Commission’s unanimous vote in March is being appealed by entities that both favor and oppose the controversial plan, which would have 20 affordable housing units out of 66 total units.

The developer, consisting of Saddle Ridge Developers LLC and Silver Sport Associates LP, is upset with some of the many conditions — or restrictions — put on the project’s approval by the P&Z. The Coalition to Save Easton, a group affiliated with the Citizens For Easton organization that has long focused on retaining the town’s rural character, wants the P&Z decision overturned.

The two lawsuits have been consolidated by the court and transferred to the state’s Superior Court land-use docket, and will be heard by Judge Marshall Berger. In a previous lawsuit involving a different development proposal by the Saddle Ridge developer at the same site, Berger denied the developer’s appeal and ruled in favor of the P&Z’s rejection of that project.

A conference call on the pending case for representatives of the participating parties has been scheduled for Oct. 3. A previous conference call took place Aug. 22.

The P&Z is being represented by attorney Ira Bloom of the Berchem Moses firm, who handles many matters for the town; the developer’s attorney is Matthew Ranelli of Shipman & Goodwin; and the coalition’s legal representative is attorney Janet P. Brooks, an environmental specialist.

Bloom said the judge has asked lawyers involved in the case to report in about once a month on their status in the litigation.

In the future, the attorneys will be given a date to submit written briefs by the judge and then a date set to hear oral arguments. “But that’s a ways down the road,” Bloom said.

Ranelli, the developer’s attorney, said he could offer no comment at this time. Ranelli also represented the developer in front of the P&Z during the application process.

Brooks, the Coalition to Save Easton’s lawyer, could not be reached for comment.

William J. Kupinse Jr., one of three interveners in the case on behalf of the coalition, said the case remains in “its preliminary stages. Like most litigation, it will drag along for awhile and eventually be heard by the court.”

Kupinse, a former Easton first selectman, is a practicing attorney but is not involved in this case as a legal representative, but as a town resident on behalf of the coalition. The two other coalition members listed in court papers are Leslie Minasi and Verne Gay.

The P&Z has met to discuss the legal case in executive session — which are closed to the public and media — several times before regular meetings in recent months.

P&Z Chairman Robert Maquat said he doesn’t believe any formal legal documents other than the original lawsuit papers — called “complaints” in legal jargon — have been filed with the court. “We’re kind of in a holding pattern,” Maquat said.

The project, the appeals

As approved, Saddle Ridge would have 30 single-family homes as well as 18 duplex structures with an additional 36 living units. All structures would be on lots of at least one acre, with about one-third of the overall site kept as homeowners’ association-owned open space. Each of the 48 lots would be served by individual septic systems and wells.

The development, known as Easton Crossing, would be built on a 110-acre site that had been zoned for three-acre, single-family houses.

The application was filed under the state’s affordable housing law, known as statute 8-30g, which puts an extra burden on local land-use boards when rejecting an application.

In its appeal, the developer claims the P&Z’s numerous conditions of approval “essentially denies Saddle Ridge’s application because it will have a substantial adverse impact on the viability and degree of affordability of Saddle Ridge’s development.”

The appeal states the P&Z’s 77 conditions “do not clearly outweigh the need for affordable housing in Easton” and “could have been addressed by reasonable changes to the application plans.”

The Coalition to Save Easton, in its lawsuit, questions having have one septic system for each two-unit duplex structure based on a town ordinance, the P&Z concluding a new inland wetlands application wasn’t needed, and if the project’s regional environmental impact was fully vetted.

 

In addition to the above article published in the Easton Courier, the project is reasonably likely to have the effect of unreasonable polluting the waters  of the State as concluded by our experts,.  And, as partially stated in the last paragraph in the Courier article, the project contains community septic, which is contrary to Town Ordinance. Also, among our other concerns, the application bypassed the Conservation Commission usurping their role in determining the licensing of regulated activities .