Note: This is cross-posted over at the Cheshire Town Post.
If Cheshire manages to avoid the impending disaster that is the W/S mall, I hope its due to the efforts of its 27,000+ residents and not a competing mall, but I’ll take what I can get.
from MRJ, City mall might try to block Cheshire project (hat tip to TWL and photo from here.)
CHESHIRE — Westfield Meriden mall has apparently hired environmental experts to gather information for a possible legal action against a company seeking to build an upscale shopping center in Cheshire’s north end.
During a site walk of the property by the town’s Inland Wetlands and Watercourses Commission on Saturday, two professional wetlands scientists working for REMA Environmental Services of Manchester said they had been hired by a Westfield attorney to provide environmental reports as part of a possible intervention, or lawsuit, by the international property group.
It’s unfortunate that, thus far, the only independent environmental impact assessment that I’ve heard word of has been commissioned by a mall competitor with the cash to make it happen. Assuming it’s under their power, I’m curious if inland wetlands was planning to formally request this of W/S?
Among other concerns, the area is likely home to wood turtles.
from MRJ
Gadwa said there have been at least eight confirmed sightings of wood turtles in the flood plain of the Ten Mile River, the watercourse that flows through the proposed development. Wood turtles are a species of special concern, as listed by the state Department of Environmental Protection.
Anyone concerned about the future of our town and the health of our shared environment, should attend the Cheshire Inland Wetlands and Watercourses Commission’s Sept. 4 public hearing on the W/S application. The Planning and Zoning Commission will follow up on Sept. 24.
Considering that their days in Cheshire are numbered, this could be a good time to learn a bit more about the wood turtle.
from the CT DEP site (Photo from eyedesignbook.com)
Wood Turtle
A medium-sized turtle, readily distinguished by its sculptured, rough, moderately-domed carapace, black head, orange-red wash on its under limbs, and a yellow plastron with black squares along the edges. Adults 150-200 mm carapace length…
The wood turtle is a “Special Concern” species in Connecticut. International commerce in wood turtles posed such a threat that in 1992 this species was placed under international trade regulatory protection administered by CITES (Convention on International Trade in Endangered Species of Flora and Fauna). The wood turtle is of conservation concern throughout most of its range. Most states and provinces where it occurs afford it special status and/or some form of statutory protection.
Species of special concern…
“Species of Special Concern” means any native plant species or any native nonharvested wildlife species documented by scientific research and inventory to have a naturally restricted range or habitat in the state, to be at a low population level, to be in such high demand by man that its unregulated taking would be detrimental to the conservation of its population or has been extirpated from the state.
If REMA’s investigation turns up items of particular importance, their appeal will likely fall outside of our local process. As I read it, if inland wetlands gives a thumbs up, that’s final as far as the ct dep is concerned, but it then goes to the state courts.
from CT DEP
Appealing Decisions
Finally, if you feel that the action or decision of a municipal inland wetlands agency is erroneous, you may obtain legal counsel and take the matter to the state courts. Whatever the outcome of a regular meeting or a public hearing, the action or decision of a municipal inland wetlands agency cannot be appealed to the DEP. The Wetlands Management Section of the DEP receives numerous telephone calls every year from persons requesting that the DEP reverse or overturn an action or decision of a municipal inland wetlands agency. The Act does not provide any authority to the DEP to act as a board of appeals or to overturn the actions of municipal inland wetlands agencies. Appeals must be taken to state courts. Only the state courts can overturn such actions or decisions. Section 22a-43 of the Act requires that appeals must be made to the superior court for the judicial district where the land affected is located. The majority of legal appeals of municipal inland wetlands agencies actions in Connecticut involve appeals of permit decisions.
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