Church Files Court Appeal Over Wetlands Permit Rejection

By Andrew Gorosko

A church group has filed a court appeal, challenging the Inland Wetlands Commission’s (IWC) recent rejection of the group’s application for a wetlands permit needed to construct a 29,503-square-foot church containing 500 seats, plus related facilities, on a 13.7-acre site in a R-2 zone at 4 Covered Bridge Road in Hawleyville.

The congregation now occupies a 13,500-square-foot church about one mile away at 174 Mt Pleasant Road (Route 6). The group wants to build a new larger church to meet the needs of its expanding congregation.

In a detailed administrative appeal filed in Danbury Superior Court, Grace Christian Fellowship, Inc, of 174 Mt Pleasant Road names the IWC and the commissioner of the state Department of Environmental Protection (DEP) as defendants in the civil action.

Through the lawsuit, the church group seeks to have a judge overturn the IWC’s unanimous September 13 rejection of the wetlands permit sought by the church. The plaintiffs seek to have the court order that their application be approved. Through the court action, the church group also seeks to have the IWC cover its attorneys’ fees for the lawsuit.

Legal issues in the case focus on the type and extent of vehicle parking areas that would be provided for church use.

The church group charges that the IWC’s rejection of the wetlands permit violates applicable state law.

The plaintiffs further claim that the IWC’s action violates the provisions of the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). That law simplifies land use approvals for development proposals by church groups.

In March 2003, citing RLUIPA, the Cambodian Buddhist Society of Connecticut, Inc, filed a Danbury Superior Court appeal in seeking to overturn the Planning and Zoning Commission’s (P&Z) rejection of its application to construct a 7,600-square-foot temple/meeting hall at 145 Boggs Hill Road. Through that appeal, the Buddhist society had sought to have a judge order the P&Z to approve the temple/meeting hall.

The Buddhists lost their Danbury Superior Court appeal in November 2005, and are now pursuing the case in the Connecticut Appellate Court.

Following lengthy review of Grace Christian Fellowship’s application to build a new church and related facilities off Hawleyville Road (Route 25), the IWC unanimously rejected the church’s bid for a wetlands permit for the project, determining that the design poses environmental hazards to nearby wetlands and Pond Brook. IWC members expressed concerns about the extent of impermeable asphalt paving that the church group had proposed for vehicle parking on the site.

The IWC denied the wetlands application “without prejudice,” meaning that the church would be eligible to immediately reapply for a wetlands permit with modified development plans. IWC members described the steps that the church could take to get a new wetlands application approved.

Besides IWC approval, the church project requires P&Z approval.

Appeal Specifics

In the court appeal, the church group states, “It would be inappropriate for the IWC to require the plaintiff to provide large-scale permeable paving, and to require a specific permeable surface (other than gravel) when the IWC has not in the past imposed such requirements on applicants.”

The church group adds, “The IWC did not retain a consultant to review the application, its constituent documents and plans, or evidence presented by the plaintiff’s experts.”

In denying the wetlands permit, the IWC “acted illegally, arbitrarily and in abuse of the discretion vested in it by law as an administrative agency,” according to the lawsuit.

The church group claims that the IWC: failed to approve an application that conforms with the wetlands regulations; misinterpreted its regulations; and exceeded its legal powers.

The IWC impermissibly sought to require the church group to provide a large amount of pervious pavers in its parking lot, a requirement that had not been imposed on other applicants in the past, according to court papers.

The IWC’s action burdens the plaintiff’s exercise of religion under the provisions of the Connecticut Constitution, the court papers add.

Additionally, the plaintiff charges that the IWC action placed a substantial burden on the church’s exercise of religion under the provisions of RLUIPA.

Also, the plaintiff charges that the IWC rejection of wetlands permit for the church application violates the equal protection clauses of the Fourteenth Amendment to the US Constitution because the IWC sought to have the church provide a parking surface that has not previously been required for other applicants seeking wetlands permits.

The IWC’s rejection of the church’s wetlands permit application amounts to “selective treatment” based on “impermissible considerations,” according to the legal papers.

The church is represented by Danbury attorney Camille DeGalan. The IWC had an October 24 court return date in the case.

In rejecting the wetlands permit application, the IWC found that the church submitted an incomplete application. Deficiencies in the plans involve the construction schedule, erosion and sedimentation control measures, and stormwater treatment information, according to the IWC.

The church has proposed extending a 60-foot-long two-lane bridge to the site from Hawleyville Road to provide access to the church property. The bridge would span a wetland. Some IWC members had initially sought to have the church provide access to its site from Covered Bridge Road, which connects to Hawleyville Road.