Conservation Panel Sued Over Subdivision Approval

By ANDY GOROSKO

Published: Aug 11, 1999 12:00 am

Publication: Bee

Author: ANDYG

Quick Words:

Conservation-Eliscu-lawsuit

Full Text:

Conservation Panel Sued Over Subdivision Approval

BY ANDREW GOROSKO

Citing possible damage to wetlands and underground water supplies, a local

woman has sued the Conservation Commission and a development group over the

commission's approval of a wetlands construction permit for an 11-lot

residential subdivision on 34 acres.

The proposed subdivision, known as Tamarack Woods, abuts Tamarack, Sanford,

and Echo Valley roads, near Lake Lillinonah.

A town official, however, says the lawsuit is apparently invalid because its

filing in court didn't meet a legal deadline for such appeals of Conservation

Commission decisions.

In a lawsuit filed March 15 in Danbury Superior Court, Cordalie Benoit Eliscu

of 23 Sanford Road, sues the Conservation Commission and M&E Land Group over

the commission's January approval of a wetlands permit for the land group. M&E

Land Group's principal members are Thomas J. Maguire of 5 Golden Pond Road,

and Lawrence Edwards of Easton.

The lawsuit states that Ms Eliscu lives and owns real estate at 23 Sanford

Road, a lot that abuts the property planned for development.

David Thompson, the town's environmental official, said Tuesday the plaintiff

didn't meet a legal deadline in filing the appeal, thus invalidating the

appeal. The appeal would have had to be filed about a week earlier to be a

valid appeal, he said.

The Conservation Commission acted on the proposal February 14. Notice of the

decision was published February 23. To meet legal deadlines, the lawsuit would

have had to be filed by March 9, Mr Thompson said.

In its application for a wetlands construction permit, the applicant seeks to

put driveways across wetlands and widen an existing town road in a wetland

area, according to the lawsuit.

"At a January...meeting, the commission voted 3 to 2 to approve the

application although no inquiry was made into the alternatives to the proposed

action, or the suitability or the unsuitability of such activity to the area

for which it is proposed, nor was inquiry made into whether or not the

activities would unreasonably adversely impact the recharging and purification

of ground water in the area," according to the suit.

Mr Thompson responded that Conservation Commission members did consider

various developmental alternatives when reviewing the wetlands application.

According to the lawsuit, "The commission knew or should have known that its

January vote was unreasonable, arbitrary or an abuse of discretion because it

tabled the action on the application. At the February 14, 1996, meeting the

commission again voted on the application. The vote was 2 to 2. The commission

stated that it had 'no choice' but to grant the application and resurrected

its 3-to-2 vote."

In the lawsuit, Ms Eliscu seeks a restraining order preventing M&E Land Group

from gaining a wetlands permit.

The wetland areas and underground water in the area will be irreparably harmed

if the planned work proceeds, according to Ms Eliscu.

The Conservation Commission serves as the town's inland wetlands and

watercourses commission and rules on applicants' requests to do construction

in wetland areas.

Besides Conservation Commission approval for wetlands construction work, the

applicants would need approval for a residential subdivision from the town's

Planning and Zoning Commission (P&Z).

The town has an April 2 answer date on the lawsuit in Danbury Superior Court.

Ms Eliscu is represented by Attorney Paul P. DeLuca of DeLuca and Buzaid of

Danbury in the legal action.

Neighbor Concerns

The proposed subdivision was a topic of discusssion at the March 4 selectmen's

meeting which residents of Tamarack, Sanford and Echo Valley roads attended to

express their concerns about the developers' plan to improve existing roads as

part of subdivision construction.

The residents told selectmen they oppose the plans to widen the dirt Tamarack

and Sanford roads to 18 feet wherever it's possible to do so. The roads would

get drainage improvements and receive crushed stone surfaces to improve

traffic flow.

In some places, the roads are as narrow as 12 feet. Town road regulations

require 22-foot road widths.

At the March 4 session, Ms Eliscu said she was "horrified" to hear that the

roads would be widened by the developers. Widening would involve placing fill

into wetland areas and blasting rock ledge, she said.

Residents speaking at the selectmen's meeting said the roads in the area

should be left as they are to retain the rural atmosphere of the area.

Besides wetlands construction approval from the Conservation Commission, and a

subdivision approval from the P&Z, the home construction proposal requires the

approval of a "road work agreement" between the developers and the selectmen.

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The editorial took no position on the budget going up or down so you're reading things into the editorial that simply aren't there. The turnout is tied to the lack of passage, in that people who came out to vote last time did not this time, indicating a lack of support on their part. Perhaps it wasn't spelled out clearly enough, but that's what the editorial was driving at, people showing lack of support by not casting a vote. The editorial did address likely concerns among voters that may have led to lack of support and lack of turnout. This lower turnout also follows increasing turnout over the past four referendums in three years (meaning it is an aberration from that), and increased turnout is something that I do push for regularly in editorials. Any disappointment you might be seeing is at the break in that trend, not at whether the budget passed or not. I'd rather see more people come out and vote "no" then not vote at all.

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Clearly, property owners no longer want to bear the burden of expenses while the state does not meet it’s responsibilities. Rising costs must be addressed by actions that do not include yearly increases of property owners’ taxes. The state of CT must meet its share of the educational costs, and other costs.

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This feels like an oddly misleading headline and narrative, particularly coming from the Editorial Board. The headline "Lower Turnout Results in Two Budget Defeats" pushes a misleading narrative regarding voter turnout, and then seeks to tie the outcome of the referendum to that misleading narrative. Sure, voter turn out for this year's referendum, 18%, was lower than last year's. However, last year's turnout, 25.4%, represented the highest turnout in the most recent 10 budget referendums. If you take the time to examine turnout percentages between 2017 and 2026 (2017: 19.9, 2018: 15.7, 2019: 17, 2020: 0, 2021: 8.98, 2022: 7.7, 2023: 8.8, 2024: 15.1/17.49, 2025: 25.4, 2026: 18), this year's turnout was actually the third highest in the past 10 cycles. Perhaps the headline of this article should say "Lower Voter Turnout Than Last Year", which is more accurate, rather than creating an impression that this year's turnout is some type of aberration - a narrative that the turnout numbers, in all their binary glory, simply do not support. Further, the headline of this article appears to tie the "lower turnout" to the defeated budgets. Sure, that could be true. But, perhaps, its more likely that Newtown residents are feeling the squeeze of multiple economic influences. In Newtown, we've experienced property revaluations and increased municipal spending. Eversource continues to raise rates. The state legislature gives PURA the authority to impose Public Benefit charges that benefit a tiny percentage of the public (and subsequently burdening the rest of us). At the national level, inflation has run rampant for years and many of those costs remain high to this day. In short, the data tells a far less dramatic—and far more honest—story than the headline suggests. This wasn’t an electorate vanishing in apathy; it was a fairly typical turnout delivering an verdict that, perhaps, some at the Editorial Board didn't like. At some point, it’s worth considering that residents aren’t confused, disengaged, or misled by turnout; they’re simply doing math at their kitchen tables and concluding that “no” is the only responsible answer left.

Enjoyed the forum which only confirmed my support for Brandon Moore as the Democratic candidate to run for the state representative position. Brandon Moore did not waiver about his duty to all the people, if elected, when an issue presents itself that requires that he voice a difference of opinion for the wellbeing of Newtown residents. If Michelle Ku’s 16 years have led to her loyalty being to other elected officials, as she implied, then Newtown is going to continue to witness actions that do not protect its residents. She could not unseat republican, Mitch Bolinsky, during a Blue Wave, and once again, will not do it now. Winning that seat is critical for all. That explains why her previous campaign committee now campaigns for Brandon Moore. It explains all the endorsements he has received from local elected democratic officials. It’s why we need Brandon Moore to be the democratic candidate to run for state representative.

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Appreciated the opportunity to hear from both candidates as we were present for the College Dems forum but only heard from Brandon Moore. It was an opportunity to see who can unseat the Republican incumbent and there is no doubt that Brandon Moore should be the Democratic candidate. One concerned parent posed a question about discrimination unaddressed by the school district and interestingly enough, Michelle Ku, who proudly speaks of her Board membership years, said little, while Brandon Moore passionately addressed the issue along with his experience as an Apache Helicopter Commander. This family is supporting Brandon Moore. We need change and someone who is not afraid to disagree, especially about the rising costs of living in Newtown.

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Conservation Panel Sued Over Subdivision Approval

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