(Dates on stories and headlines generally refer to the date of the main reported event, which may be earlier than the website posting.)

NEW LONDON--A Superior Court judge has turned down GOSA's appeal against the Groton Planning Commission's approval of the site plan for the projected 147-unit Four Winds "residential life care community" on 105 acres of the Watrous property.

GOSA has 20 days from Dec. 23, 2005, the date of Judge Joseph J. Purtill's decision, to file a request for an Appellate Court review.

UPDATE: GOSA filed Jan. 11, 2006, a request for Appellate Court review. GOSA's petition for certification contended, among other things, that environmental issues fell between the cracks as land-use agencies improperly delegated responsibilities to each other.

Judge Purtill found that the Planning Commission's approval of site plan Sept. 28, 2004, was "reasonably supported by the record" of its study of the project.

GOSA had contended in its appeal against the Planning Commission and the developer, Mystic Active Adult LLC, that the Planning Commission:

--failed to consider prudent and reasonable alternatives to the developer's plan.

--didn't weigh the project's impact on the environment.

--didn't recognize that Four Winds is not a "residential life care community."

The Watrous property is site of one of New England's most biologically productive vernal pools, as well as home to sensitive species like wood turtles and red shouldered hawks.

Mystic Active Adult LLC is headed by Ron Bonvie, developer of an active adult community, Southport, in Mashpee, Massachusetts.

GOSA's previous appeals against Four Winds, involving approvals by the Zoning Commission and Inland Wetlands Agency, have been turned down by the Superior Court, and the Appellate Court has declined in each case to provide a review. However, the Appellate Court has agreed to review Judge Purtill's finding in favor of Mr. Bonvie in a related case. That involves Mr. Bonvie's appeal against the IWA's decision to disallow a wetlands crossing on the north side of the Watrous property.

NOANK--Noted marine artist and illustrator James A. Mitchell of Noank has published a letter in the Mystic River Press strongly criticizing the environmental stewardship of Stonington officials and citing the general threat to all the "little seaside towns from Guilford to Westerly."

Mr. Mitchell says the whole quiet corner could be headed down the same road as taken by Bergen County, NJ, and suggests that politicians replacing trees and marshes with car lots and big box stores ought themselves to be replaced.

Mr. Mitchell's letter, in the Dec. 22, 2005, issue, said (begin text):

The poet of New England said, "Something there is that doesn't love a wall."

If Robert Frost had lived around here, he would have had to change it to "Something there is in Stonington that doesn't love a tree"--or much else in the landscape for that matter.

Since when don't mature spruce trees "fit in with the new high school?" Too big? Are trees not regulated to proper size, to fit in with stark modern buildings? The recent destruction of large pines is right in line with a longstanding policy by Stonington politicians and builders of parking lots and gas stations, along with marsh fillers for car lots and big box stores. It's forgotten now, but in sight of the lost pines was the big swamp maple right across from the old police station. It was cut away for no reason, not even a parking lot.

About that time, 1970, the golf clubhouse at the corner of Route 1 and Flanders Road got bulldozed for a gas station and the two rare elm trees cut at the entrance, the stone pillars destroyed--nothing there now. More recent is the senseless destruction of all the big trees to make a shadeless parking lot for the A&P grocery. Included in this destruction was the century-old maple tree, 80 feet in from the centerline of Route 1. With it went the fieldstone house.

Then there was the row of trees by the Seaport on Route 27, all cut because, as the Museum explained, one was diseased, so they all had to go for a sidewalk.

Unfortunately, Stonington is not alone in uglification. Drive over to Saybrook, once the jewel of the shoreline, now a sea of car lots. Stop by Avery Point campus where the copper beechas cut down to make a sidewalk in spite of student protest and cut down on a Sunday when the students were off watch.

On Route 2, a fort-like cinema block house was built and an entire forest slaughtered, hundreds of trees gone so that the thing could be seen from the highway. Now comes a "floating zone," really an enabling act to open the door wider for big developments to ease in.

All these little seaside towns from Guilford to Westerly are subject to losing the charm that attracted people in the past. If this trend is not halted, the quiet corner could wind up like Bergen County, NJ, now down to less than 2,000 unpaved acres.

The only thing that could stop this would be legislation such as in England where the cutting of large trees is a serious matter. May I suggest that if a marsh can be replaced, why not a politician?

GROTON--The Inland Wetlands Agency decided at a meeting Dec. 14, 2005, to pursue regulation changes that would allow the agency to hire experts to evaluate development proposals and bill the experts' fees to the developers making those proposals.

Any such change would require a public hearing. The IWA decided also to study whether and how much to increase fees payable by developers for filing applications requiring IWA review, independent of whether experts are required.

The Groton Office of Planning and Development Services is understood to be at work on a proposed ordinance that would increase fees generally to account for costs involved in evaluating developers' plans. Whether such an ordinance would operate in tandem with, or replace, the IWA's regulation changes wasn't immediately clear.

Many communities in Connecticut, including Old Saybrook, are empowered to bill experts' fees to developers.

GROTON--The Inland Wetlands Agency has scheduled a hearing for Jan. 11, 2006, on the proposed Groton Highpoint subdivision that would be built on a former sheep farm at 245 Hazelnut Hill Road.

The proposed 34-house project would be located on 63 acres and would be served by town sewer and water. The project is envisioned to include 33 acres of open space plus 9 acres of conservation easements on rear slopes of some lots.

The open space would be located on both sides of Fort Hill Brook, which runs through the property down to Long Island Sound, at one point coursing over an approximately 15-foot rock waterfall.

Originally, developer Otto Paparazzo had proposed an age-restricted condo project for the property, but a regulation change now requires such projects to be located off main roads. Hazelnut Hill Road does not qualify. Therefore, Mr. Paparazzo came up with a new plan.

GROTON--The Inland Wetlands Agency is expected to consider later this month whether to change its regulations to allow the agency to hire experts at developers' expense when such experts are needed to evaluate impacts of proposed projects.

Minutes of the Nov. 9, 2005, IWA meeting show that commission Member Eunice Sutphen asked that the agency discuss this matter at its Dec. 14 meeting.

Earlier in the meeting, Alternate Member Mary Ellen Furlong had reported that the state had urged local inland wetlands agencies around the state that don't currently have such powers to acquire them. The urging came at a meeting that Ms. Furlong attended of the Connecticut Association of Conservation and Inland Wetlands Commissions Nov. 5 in Wallingford.

GROTON--Town Councilor Elissa Wright has released a position paper calling for prompt appointment of "a task force to undertake a thorough, in-depth study and analysis of the real property tax burden in Groton."

"The tax environment is very important to individuals, to businesses, to the social fabric, to the quality of life and the future direction of our town," the paper said. "We have an urgent need to improve our understanding of the real property tax burden, its impact on citizens of the town, and the relationship between the state and local governments when it comes to who provides what services and how funds are raised at each level of government to pay for those services."

Ms. Wright, a candidate for the new council that will be elected Nov. 8, 2005, said in the paper that "today's fiscal reality is characterized by decreased funding of municipal programs by the state and federal governments, with increasing reliance on the real property tax to finance this widening gap."

"Our increasing dependence on the local property tax ultimately contributes to density, sprawl and traffic congestion as the race for ratable growth gobbles up more open land for development, in turn increasing the demand for costly municipal services, skewing the balance between preservation and development, and diminishing the quality of life...," she said.

The paper said a buildout analysis would determine fiscal impacts of land development on local government. It said the analysis would provide a "sound factual and theoretical basis to guide long-range planning about the future direction of our town." Ms. Wright called for retention of existing businesses, and local and regional efforts to promote new products and enterprises, while preserving the quality of life that makes the town "an attractive place for business to locate and for people to live."

GROTON--Two town councilors differed at the council meeting Nov. 1, 2005, on the content of discussions between the town and state over a possible use of the 35-acre Merritt Property near Fitch High School.

Town Councilor Paulann Sheets had reported to the council Sept. 20, 2005, that David Stygar, of the state Department of Environmental Protection, told her by phone of an approach by an engineer or architect representing the town. She said Mr. Stygar remarked that the representative inquired as to whether a building could be constructed on the Merritt Property. She quoted Mr. Stygar as discouraging the idea because it would represent a conversion of the property from its intended use--25 acres as passive open space and 10 acres as athletic fields.

The land was acquired in part with state money and also with funds raised by a bond issue approved by Groton voters in 1988 for open space, conservation and recreation.

Mr. Stygar told Councilor Sheets that the original call was followed by a second call, from another town representative, who then asked about the feasibility of putting a temporary parking lot on the property during scheduled construction at the high school, she said.

Town Councilor Natalie Burfoot-Billing told the Nov. 1, 2005, council meeting that she had called Mr. Stygar to dig more deeply into the matter. Ms. Burfoot-Billing said she asked him, "Has anyone from Groton ever called you to discuss plans to put a building on the Merritt property?" She said that he replied, "No."

On Nov. 2, Ms. Sheets released a statement from Mr. Stygar that said in part:

"I have been informed that...[Councilor Sheets told the town council] that someone, probably an engineer, contacted me regarding the use of the Merritt Property. The exact time I cannot account for. I regarded this inquiry as a preliminary step in the design of the school. As with any project protected by an open space agreement, I discouraged the placement of any structural building on the property. It would be a conversion, a long process, and the Town would be responsible for replacement of lost land. All alternatives needed to be reviewed... My conversation with Councilor Sheets took place around Sept. 12, 2005. I did receive another call regarding the Merritt Property with a different proposal, that of a temporary parking area during construction, with the parking being converted to athletic fields once construction was completed. This later proposal was a more acceptable action.

"I still hold to point that all action to date has been preliminary in nature. I have not received any site plans, no indication of the affected size/area, time lines or official request to change the layout of the Merritt Property.

"I also had [a] telephone converation with Councilor Natalie Billing on November 1, 2005. I did at that time not recall the 'building' option as previously identified." Mr. Stygar's faxed statement was dated Nov. 2, 2005, the day after the council meeting.

The controversy took place against the background of environmentalists' opposition to the proposed parking lot, as well as support for a resolution proposed by Councilor Elissa Wright to put strong protection into the land records for tracts purchased with open space funds approved by voters in 1988. Ms. Wright's resolution was defeated in July and replaced by a less strongly worded and less comprehensive measure proposed by Ms. Burfoot-Billing.

GOSA contended in a citizen's petition to the Town Council Oct. 18, 2005, that the council should have been made aware -- during the debate on the Wright resolution -- of discussions for use of the property. The GOSA petition noted that Town Manager Mark Oefinger told the council [in September] that he knew of plans for the parking lot as of May 26, 2005.

[Note: the GOSA citizen's petition was read by Jim Furlong, a GOSA director, who wrote the news item directly above.]

GROTON--The Groton Open Space Association told the Town Council meeting Oct. 18, 2005, that statements by some councilors regarding dedicated town lands spell strife in the future and cast a shadow over those lands.

GOSA also said in a citizen's petition that council discussions of this topic this year have been hampered by a lack of needed information and by inadequate direction from the town attorney.

The topic of protection of these lands arose in May, when Councilor Elissa Wright proposed to add strong language to town land records noting that the five lands had been purchased with proceeds of a 1988 bond issue authorized for open space, conservation and recreation purposes and thus were legally dedicated to those purposes. The council rejected Ms. Wright's proposal in July in favor of a watered-down measure that applied to only four of the five lands.

The topic resurfaced in September when Town Manager Mark Oefinger asked the council to approve construction of a "temporary" parking lot on one of the lands, a 35-acre parcel near Fitch High School, that would accommodate student cars during planned construction at the school. The parcel involved would have been covered by Ms. Wright's resolution but was not covered by the substitute resolution.

The citizen's petition, delivered by Jim Furlong, a GOSA director, said:

--The council should have been made aware during the discussion of Ms. Wright's resolution of plans to build the parking lot. Town Manager Mark Oefinger, who later said he had known of the proposed lot since May 26, didn't mention it during the discussion. In this situation, one town councilor dismissed concern about the lands as a "manufactured crisis" engineered by special interest groups out to mislead the public. GOSA also noted that Councilor Paulann Sheets said in September that she had learned from a state official that the state had discourged an earlier idea to put a building on the parcel before the parking lot was proposed.

--The town attorney's opinion, dated June 28, on the matter was, by its own evaluation, "not intended to be definitive." The opinion also contained numerous confessions of uncertainties that made it unfit as a basis for a decision. Nonetheless, the opinion caused the council to turn against Ms. Wright's resolution, which the Council had tentatively approved 6-3 at its May 24 meeting. GOSA urged the town to get a new and authoritative legal opinion from independent lawyers.

--Since receiving the legal opinion, some councilors have made troubling statements. These statements include assertions that the lands purchased with bond issue funds may not be dedicated to the purposes set forth in the bond ordinance, that all town land is held for general municipal purposes and that it is "egocentric" for any council to preserve open space for even a decade in advance because the council cannot see that far into the future. The citizen's petition commented that it was fortunate this last-cited line of thinking had not aborted Bluff Point State Park and Coastal Reserve, Haley Farm State Park, and Yosemite.

--Regardless of any legal considerations, funds explicitly approved by voters for a specific purpose should be used for that purpose so that the town government maintains credibility.

--The town should talk with St. Mary, Mother of the Redeemer Church, adjacent to the high school, about using its large parking lot during construction. GOSA has ascertained that the church is willing to discuss the possibility with the town, GOSA Director Lorraine Santangelo said in a subsequent citizen's petition.

GOSA also asserted that far from being a "special interest group," it is a "public interest group" that has made many outstanding contributions to the quality of life in Groton. These include playing major parts in preserving Bluff Point and Haley Farm and, recently, in achieving an agreement to prevent planned development near Great Brook from polluting the town's drinking water. Great Brook is the main conduit of drinking water from the Ledyard Reservoir to the Groton Reservoir.

In the discussion that followed, Mr. Oefinger was directed to discuss the possibility of parking at the church. Councilor Heather Bond said she been told earlier that the church was not suitable because it had unpredictable weekday functions, like funerals, but she endorsed looking at the idea again.

Councilor Frank O'Beirne said he would look further into information that a building had been proposed for the site.

Video of the citizens petitions and subsequent comments can be viewed on the Groton Town website (link to the town website is on the GOSA website under Upcoming Events). Click on Meetings at the town website and then on Streaming Video for the Oct. 18 meeting.

GROTON--Addressing the GOSA annual membership meeting Oct. 13, 2005, President Priscilla Pratt characterized the organization as a "public interest group" with the mission of protecting important open space and recreation areas for the common good.

The packed meeting was held at the Latham-Chester Store in Noank. The get-together also included a presentation on "Haley Farm as a Working Farm," put on by three men who had worked there in the 30s and 40s and by Sidney Van Zandt, GOSA's first president.

Ms. Pratt said, "We first proved the value and popularity of natural resource protection 35 years ago when we were instrumental in the establishment of the Haley Farm as a state park, and 31 years ago when we were active in the establishment of Bluff Point Coastal Reserve."

She said the goal of GOSA's continuing efforts is to protect the environment and to enhance the "quality of life for all citizens."

She rejected the label "special interest group" that some critics have used against GOSA.

"All GOSA people are volunteers and no one receives a salary," she said. "We are a 501 c(3) non-profit organization and completely funded by donations." She noted that GOSA expenses are heavy because in addition to funding the annual mowing of fields at Haley Farm State Park, the organization pays for environmental experts to testify at land-use commission hearings and hires "lawyers when we have to--as a last resort--utilize the legal system to maintain our positions with strength."

The term "special interest group," normally used to describe organizations that stand to profit financially from certain public projects or policies, has been applied by several town officials to the non-profit GOSA, either by name or by implication. Most recently, this occurred at a Town Council meeting July 19, 2005.

Ms. Pratt reviewed GOSA's activities in the year just ended. These included achieving a ground-breaking agreement with Downes-Patterson Corp., a developer, to protect public drinking water; continuing a 2 1/2-year legal battle, now before the Appellate Court in Hartford, to acquire the 75-acre Merritt Property--between the top of Fort Hill and Fishtown Road--for use as public open space; and challenging in Superior Court a site plan for a senior condo development on the 160-acre Watrous Property, an action that still is pending.

Other issues of concern to GOSA outlined by the president include town plans to build a "temporary" Fitch High School parking lot on a 35-acre parcel adjoining the high school. The land was purchased in part with funds from an open space-conservation-recreation bond referendum that was passed by voters in 1988. In addition, Ms. Pratt said GOSA continues to wait for action from the town Planning Department on promises to come up with a definition of buildable land and to authorize land-use commissions to hire independent expert consultants, with developers paying the bills.

Ms. Pratt noted that Downes-Patterson's Great Brook development originally was envisioned as comprising 104 housing lots, but now has been reduced to 54. The development takes its name from nearby Great Brook, the main conduit of public drinking water from the Ledyard Reservoir to the Groton Reservoir. GOSA has worked out agreements providing for $75,000 in payments by the developer for water testing for 5-7 years into the future; non-clearing easements and covenants that will create natural barriers to runoff from houses; and restrictions that will apply to residents regarding such matters as car washing and use of pesticides and herbicides.

She expressed GOSA's thanks to Attorney Mark Kepple, of Stonington, who worked for GOSA pro bono in negotiations for the agreement; to Attorney Tim Bates, who represented Downes-Patterson; to environmental consultant Sigrun Gadwa of Cheshire who worked out testing procedures and other environmental protections; and to Nancy Klotz, president of Downes-Patterson, "for her cooperation and willingness as a developer to be so sensitive to the need to protect watershed properties."

Ms. Pratt said GOSA was disappointed that the Town of Groton has chosen not to become a grantee of the Great Brook easements but said she hoped that "the town planning staff and the town council will be more sensitive, in the future, and more cooperative, with sincere citizens' and developers' efforts to protect our water supply."

"The Story of Haley Farm as a Working Farm" followed Ms. Pratt's presentation. The story was told by several men with intimate knowledge of the dairy farm, which became a state park in 1970, in large part because of work by GOSA. The men were:

--Don Schoonmaker, who grew up on the farm. Don's grandfather, Frank, and his father, Eli, ran the farm for Caleb Haley and his son, Samuel.

--Don's cousin, Richard Patterson, who began to work for Don's grandfather while still in grade school.

--Vernon Schaefer, a friend of Don, who worked in the mid and late 1940s for George Beckwith, the last person to run Haley Farm.

Among the highlights of the presentation were memories of morning milk runs on days that started at 4:30 a.m. These runs wound through Noank; West Mystic; Mystic, including some stops over the bascule bridge; past the Baptist Church; down Fishtown Road and back to Noank. The price of the raw, unpasteurized milk was $1 for 8 quarts.

Mr. Schoonmaker recalled an incident in the mid to late 1930s. A family dog, curled up on the seat of a tractor in a barn, was surprised when Sam Haley entered the barn in a business suit and reached an arm to the seat, unaware that the dog was there. The dog bit into the sleeve of Mr. Haley's suit coat and ripped it away from shoulder seams. The shaken Mr. Haley left the barn, marched to the house and informed Frank Schoonmaker that he'd have to get rid of the dog.

Frank Schoonmaker thought a couple of minutes and then said, "Suppose you had been an ill-intentioned person who had wanted to steal the tractor. The dog would have protected it."

Mr. Haley replied, "You're right. Keep the dog, and I'll stay out of the barn."

Mr. Patterson, seeing a picture of Palmer Cove at the edge of the farm, recalled his ice boating experiences. He said he reached great speeds for short periods but created a lengthy walk back because he couldn't tack. He also remembered feeling a special cold on one morning milk run and finding out later that the temperature had dropped to minus 32 degrees. He said that Beebe Cove froze over that day and that he skated on the Cove. He said "some kids" skated all the way on the Mystic River to the railroad bridge.

Mr. Schaefer said he worked at the farm between 1945 and 1949, around the "end of the Haley Farm era." He said the farm couldn't pay its way in an era of pasteurized milk and that its soil was too shallow and rocky to allow much plowing. He said that after leaving the farm, he went into the Army. On getting out of the military, he went back to see the Beckwiths but found the farm no longer was operating and the Beckwiths were gone. The new residents "didn't even know them," he said.

The three men's lively presentation, illustrated by photos projected onto a screen by Ms. Van Zandt, was videotaped by Terri Roper for broadcast on local television at times to be announced. The GOSA website, among other sources, will carry the times.

GROTON--The Town Council Committee of the Whole rejected Sept. 27, 2005, a proposal that would have given the town a role in a settlement between a developer and GOSA that is designed to protect Groton Utilities' public drinking water supply, The Day reported.

The newspaper said in an article by Gladys Alcedo (verbatim text follows):

The decision came after a lengthy debate and unsuccessful efforts by two councilors who sought to save the deal.

Instead, the committee agreed to follow the recommenation of town planning staff to step up efforts to protect a public drinking water supply through a comprehensive regulatory approach. This would include a study, public education and the development of local laws aimed at protecting the watershed.

The town was being asked to accept the conveyance, easements and convenants negotiated by The Downs-Patterson Corp. and the Groton Open Space Association. The documents were drdafted in an attempt to end a legal dispute between the two groups over the developers' plans to build 51 homes on 125.4 undeveloped acres east of Great Brook and north of Route 184.

Great Brook, which is located in the town, feeds into Groton city-owned reservoirs that serve more than 35,000 people.

The covenants set tree-clearing limits and regulate the use of herbicides, pesticides and other products that could be harmful to the water. Under the covenants, the town would have had the option to enforce restrictions that would help prevent the pollution of the brook.

The City of Groton already has agreed to accept that role, which would be shared with the new development's homeowners' association.

By getting the town involved, Councilor Paulann H. Sheets said it would give the public, which depended on the water supply, an extra layer of protection. Sheets is a member of GOSA.

But Councilors Thomas J. Skrmetti and Frank O'Beirne Jr. objected to the idea, saying the town should not get involved in a deal negotiated between two private parties without any town involvement.

Skrmetti and O'Beirne, along with Mayor Harry A. Watson Jr. and Councilors Heather Sherman Bond and Catherine Kolnaski voted to support the town staff's recommendation and reject [participation in] the deal between GOSA and the developer.

Sheets and Councilor Elissa T. Wright tried separately to get the town involved in the covenants and easements.

NEW LONDON--Superior Court Judge Joseph Purtill heard oral arguments Sept. 27, 2005, on GOSA's appeal against the Groton Town Planning Commission's approval of the site plan for the proposed Four Winds "residential life care community" on the Watrous Property off Noank-Ledyard Road.

Attorney Richard Dixon, appearing for GOSA, argued that the developer failed to follow through with specific details at the Planning Commission review on a promise it made, during the earlier Zoning Commission hearings, to provide 24-hour-a-day access to nursing and emergency services for residents. He contended further that the traffic impact study was flawed in that it assumed all drivers in the new development would be retired. In fact, Mr. Dixon said, age rules about who can live in the development mean that as few as 20% of the drivers may be retired. He also argued that the Planning Commission failed to live up to its responsibility to consider prudent alternatives to the plan presented, after GOSA had made a prima facie case that the project could cause unreasonable environmental damage.

Attorneys for the town of Groton and for Mystic Active Adult LLC, the would-be developer, pointed out that GOSA had lost appeals made to Judge Purtill of both the Zoning and Wetlands approvals of the project and that the Appellate Court in Hartford had declined to hear GOSA's appeals of the judge's decisions. They said this meant that all zoning and wetlands questions had been finally adjudicated. They said the Planning Commission did find that the project wouldn't cause unreasonable environmental harm. Thomas Londregan, respresenting Mystic Active Adult, said the Planning Commission's decision was set out in a document that "is nine pages long--nine pages."

Michael Carey, attorney for the Town of Groton, indicated that GOSA's stand on its alternative--two small unconnected housing developments--was inconsistent because GOSA has opposed Four Winds partly on grounds that it consists of two centers. However, Mr. Carey failed to mention that GOSA's objection is not to the two Four Winds centers but to the road through the wetlands that is projected to connect them.

Judge Purtill said he would study the matter. Judge Purtill, earlier this year, in addition to denying GOSA's two appeals, also ruled against Groton's Inland Wetlands Agency in the case. He found in favor of Mystic Active Adult LLC when it appealed against the IWA's veto of a wetlands crossing near the northern border of the Watrous Property. However, the IWA appealed Judge Purtill's decision, and the Appellate Court has agreed to hear the case.

Mystic Active Adult LLC is headed by developer Ron Bonvie, who has built a large retirement community in Mashpee, Massachusetts, called Southport.

GROTON--The Groton Open Space Association has urged the State to veto a plan approved by the Town Council to create a 100-space "temporary" parking lot on Fort Hill land that was acquired with funds raised by a bond issue approved in 1988 for buying open-space, conservation and recreational acreage.

Priscilla Pratt, GOSA president, said in a letter dated Sept. 20, 2005, to the Department of Environmental Protection that creation of the parking lot would violate the citizens' trust in the 1988 bond issue referendum and "would set a dangerous precedent and open the door for future requests."

The state has a say in the matter because some state money was involved in the purchase of the 35-acre Merritt property along Route 1. (This is not the 75-acre Merritt property that GOSA has a contract to purchase.)

The Town Council had approved the parking lot by a 7-2 vote Sept. 20, 2005. The lot was described as "temporary" for use during construction work at the school, but "temporary" was not defined. Councilors Elissa Wright and Paulann Sheets cast votes against.

In a Sept. 22, 2005, editorial, the Mystic River Press opposed the plan, asking "when will the Merritt property stop being a parking lot? What will it be used for once the cars go away?" It noted that bus service is available to the school. "Instead of a temporary parking lot, perhaps it would be wiser to have a temporary moratorium at Fitch, prohibiting some or all of the student body from driving to school until the construction is completed."

The Merritt property was one of six lands, acquired with 1988 bond money, that Councilor Wright sought earlier this year to protect more securely. Ms. Wright tried to have strong language inserted into the land records noting the purpose for which the lands were acquired. Instead, the council passed a watered-down measure sponsored by Councilor Natalie Burfoot-Billing that did not mention the Merritt property.

During the debate on Ms. Wright's proposed resolution, Councilor Thomas Skrmetti dismissed supporters of her measure as "special interest groups," and he contended the issue of protection was "an engineered crisis led by a small group of people."

In a letter published in the Mystic River Press Sept. 22, 2005, Noank resident Edward R. Johnson said he would "go so far as to say that the timing of the recent Council vote in favor of the ... [Burfoot-Billing] proposal, combined with this latest maneuver to alter the use of the Merritt property, seems suspicious."

HARTFORD--Ravenswood Construction LLC of Cheshire filed Sept. 7, 2005, a motion to appeal the verdict of a New London Superior Court jury that dismissed Ravenswood's suit to force the Merritt family to sell a 75-acre parcel atop Fort Hill in Groton to the construction company, rather than GOSA.

The motion was filed 20 days after Superior Court Judge Seymour Hendel had denied Ravenswood's motion to have the jury verdict, arrived at May 18, 2005, set aside.

GROTON--The Groton Open Space Association asked the Zoning Commission Aug. 3, 2005, to declare a moratorium on approvals of any applications for Active Senior Housing pending adoption of a definition of buildable land that is linked to density limits.

GOSA director Edith Fairgrieve made the request at the commission's monthly meeting after Planning Director Michael J. Murphy said in a letter dated July 26, 2005, that the Office of Planning and Development Services would come up with such a definition only next year. The Zoning Commission had created the new class of development in Groton called Active Senior Housing Feb. 2, 2005, over the objections of GOSA, which had asked for simultaneous adoption of a buildable land regulation. At the time, Mr. Murphy said the OPDS was working on the matter. The 2002 Plan of Conservation and Development had recommended adoption of a buildable land rule.

After getting expert advice, GOSA has urged that non-buildable land in any project area be excluded from the calculation of total units that can be constructed on buildable portions of the area. Mr. Murphy has said that he contemplates discounting non-buildable land but has not indicated what size discount he has in mind--creating a wide range of uncertainty. Non-buildable land includes steep slopes, wetlands/watercourses and floodplains.

GROTON--The Connecticut Appellate Court has agreed to hear the appeal of Groton's Inland Wetlands Agency against a New London Superior Court ruling in the Four Winds "residential life care community" case, lawyers have confirmed.

The IWA had voted April 27, 2005, to file a petition of certification seeking a hearing by the Appellate Court. Superior Court Joseph Purtill had ruled in favor of Massachusetts developer Ron Bonvie and against the IWA April 13, 2005. Judge Purtill overturned two IWA restrictions on Mr. Bonvie's proposed development. The first restriction would have banned Mr. Bonvie from building a wetlands crossing, called Crossing C, near the northern border of the property. The second restriction would have required the developer to close the project's interior road during the salamander mating season.

The right to appeal to the Appellate Court is not automatic in land use cases, but the IWA now has achieved the opportunity to be heard at the higher level.

The Appellate Court earlier, on June 22, 2005, had declined to hear GOSA's appeals of Zoning Commission and IWA rulings on the Four Winds project. Still pending in Superior Court, New London, is GOSA's appeal of the Planning Commission's approval of the Four Winds site plan.

GROTON--The Town Council approved July 19, 2005, a weakened measure to afford some protection to town lands that were acquired with proceeds of a 1988 bond issue to raise money for buying open space tracts.

In approving the weaker measure of Councilor Natalie Burfoot-Billing, the council rejected stronger protection that had been proposed by Councilor Elissa Wright and that sought to note in land records of the six parcels their status -- "in perpetuity" -- as open space for conservation and recreation. Ms. Burfoot-Billing had drafted her version in response to Ms. Wright's.

Ms. Burfoot-Billing's measure, approved by a vote of 6-2, with Ms. Wright and Councilor Paulann Sheets voting against, provides that the source and purpose of the purchase funds would be placed in the records of four of the six lands. It makes no reference to the phrase "in perpetuity," which is included in the title of Ms. Wright's resolution.

Records of five of the six lands did not mention how they were acquired. Ms. Burfoot-Billing's measure leaves out two of the tracts--the 240-acre Copp Property, because its deed does include restrictions, and the 35-acre Merritt Farm because some information exists on its records as a result of state contributions to its acquisition. (The Merritt property differs from the 75-acre Merritt tract, also atop Fort Hill, that GOSA is seeking to buy with the help of a state grant.)

The council's decision was preceded by considerable debate and public input. The town attorney had questioned Ms. Wright's resolution on grounds that it might unduly restrict future governments. This concern was echoed by Ms. Burfoot-Billing and Councilor Thomas Skrmetti.

Mr. Skrmetti was scornful of advocates of Ms. Wright's measure, commenting after their input:"It's really good to see special interest groups alive and well in Groton. I really think this is an engineered crisis led by a small group of people." He did not define "special interest group," a term often used for an organization that stands to profit from certain pieces of legislation. GOSA is incorporated as a non-profit organization under Chapter 501 (c) (3) of the U.S. Internal Revenue Code. In response to a question from GOSA President Priscilla Pratt, Mr. Skrmetti said his previous talk of selling the lands was "hypothetical."

Councilor Frank O'Beirne, apparently attempting to find common ground, said all members of the council were interested in protecting the land "to a certain extent." This statement seemed to sum up the basic disagreement, because Ms. Wright aimed to provide protection to the full extent possible under the law, in order that future generations could enjoy the lands without fear of future deals to sell it off or to use it for purposes other than those authorized by referendum voters.

Former Councilor Richard Dixon, who played a key role in acquisition of the lands, said it was the intent of the council that approved the bond issue that the lands should be held "in perpetuity."

Councilor Wright said that the six properties "are committed. It is not in the power of anyone on this council to change that. The lands are held in trust for the purposes approved by the voters, and that is in perpetuity."

At one point during the debate, Councilor Peter Bartinik proposed an amendment to Ms. Wright's resolution to delete a controversial reference in the resolution to the history of the Spicer Property atop Fort Hill. The property, donated by Elihu Spicer for a poor farm, wound up being used for a police station, public works garage, municipal office and public meeting facility. Mr. Bartinik's motion failed to pass by a vote of 5-3, with Mr. Bartinik, Ms. Wright and Ms. Sheets voting in favor.

NEW LONDON--Groton town councilors Elissa Wright and Paulann Sheets published articles July 14, 2005, in the New London Day and the Mystic River Press, respectively, urging approval by the Town Council of Councilor Wright's resolution to add language to the land records protecting properties acquired with proceeds of a 1988 open space bond issue.

Councilor Wright's resolution is to be discussed again by the council Tuesday evening, July 19, 2005. Recently, the town attorney, Michael Carey, expressed skepticism about the measure, which had been referred to him for a routine check. Mr. Carey said it might "deprive [a future town government] of a discretion which public policy demands should be left unimpaired."

He advised the town in a letter that he is "not certain" that Groton "could not decide to use one [or] all of the five parcels for a different purpose" from that specified in the language of the referendum bond ordinance. The ordinance said that the lands were to be used for "open space, conservation, and recreational purposes."

Ms. Wright wrote in The Day that the town attorney "apparently does not credit the dedication and restriction on the uses of these lands as binding future generations or recognize their legal effect. And although he acknowledges the public park trust doctrine, under which the town also would hold these lands in trust as parkland for the benefit of the public at large, he apparently is not convinced that Poquonnock Plains Park, the Copp Park, and the other lands at issue are 'parks.' So just when is a park a park? When a town attorney says it is--or isn't?"

Both Ms. Wright and Ms. Sheets -- the latter writing in the Mystic River Press -- noted that Elihu Spicer had donated land at the top of Fort Hill as a "poor farm" but that the land wound up being used for a police station and public works garage. Ms. Wright and Ms. Sheets, both attorneys, said this misuse illustrated the need for language in the deeds of the open space lands to guard against any recurrence.

Of the six properties acquired with the 1988 bond monies, only one -- the Copp property -- has restrictive language in its deed.

NEW LONDON -- Ravenswood Construction LLC got two weeks July 12, 2005, from Judge Seymour Hendel to prepare and file a brief in support of its motion to set aside a jury verdict that went against the Cheshire developer in the F.L. Merritt Inc. land case.

Judge Hendel had been prepared to rule on the motion when Attorney Michael Bonnano for Ravenswood asked for time to submit a brief. The judge gave Ravenswood a July 25 deadline for the brief, after which Merritt and GOSA, defendants in the Ravenswood suit, will have until Aug. 8 to respond. Ravenswood will have a week to answer the defendants' response.

The judge then will schedule oral arguments on the matter. If Ravenswood's motion is denied, the company will have 20 days to decide whether to file an appeal.

On May 18, 2005, a jury rejected Ravenswood's suit aimed at compelling F.L. Merritt to sell a 75-acre parcel of land atop Fort Hill to Ravenswood for a housing development instead of to GOSA for preservation as open space. The jury did not accept Ravenswood's argument that it had a valid contract that pre-dated GOSA's contract of April 14, 2003, to buy the land for $1 million.

NEW LONDON -- Downes-Patterson Corp. withdrew its appeal of a Groton Inland Wetlands Agency ruling as part of an agreement with the Groton Open Space Association on the developer's proposed Great Brook subdivision north of Route 184.

Withdrawal of the appeal, lodged in July 2004, took place at a hearing in Superior Court, New London, June 21, 2005, before Judge James Devine. Attorney Timothy Bates of Noank represented Downes-Patterson, the appellant. The defendants -- the Town of Groton and GOSA -- were represented at the hearing, by Michael Carey and Mark Kepple, respectively.

Mr. Kepple, of Stonington, has worked pro bono for GOSA during the negotiations with Downes-Patterson. GOSA was a defendant because it had intervenor status in Inland Wetlands Agency hearings on Great Brook.

Downes-Patterson's appeal had centered on its objection to the IWA's requirement for 150-foot buffers to protect wetlands in the project area. Withdrawal of the appeal means the buffer requirement remains intact.

GOSA had taken an interest in the development because it is located in the watershed of Great Brook, the main conduit -- open and unprotected -- of water between the upper and lower reservoirs of Groton Utilities. The development, originally foreseen at 104 houses, has been reduced to 51 houses.

While GOSA would have preferred no development in this sensitive area, it was unable to find a buyer for the land who would preserve it as open space. Therefore, GOSA entered into negotiations with Downes-Patterson in December 2004 with the aim of creating an environmentally friendly, scaled-down development. The two parties disclosed essential features of an agreement to the town Planning Commission April 26, 2005. The plan subsequently was approved by the commission.

Some of the environmental protections GOSA sought are built into the physical design of the development. Others--providing for water quality and flow testing, independent erosion inspection during construction, and establishment of a homeowners association to enforce lot clearing limits and minimize harmful runoff--are subject to an agreement between GOSA and the developer.

GOSA had agreed not to appeal the Planning Commission decision if it acknowledged the pact.

Priscilla Pratt, GOSA president, said following the Superior Court hearing that the GOSA/Downes-Patterson negotiations had led to a "pioneering" agreement.

For more details, click on Background.

NEW LONDON--Ravenswood Construction LLC has filed a motion to have a jury verdict against it in the Merritt property trial set aside, Merritt Attorney William Kroll of Noank said May 29, 2005.

Mr. Kroll said the motion contends that both the judge and jury committed errors. It claims the judge improperly allowed an objection by Mr. Kroll to questions that Ravenswood sought to ask during the trial. It also alleges that the jury failed to follow the judge's instructions to interpret ambiguity in a document in favor of the party that supplied the document.

Mr. Kroll said Merritt will oppose the motion, which he said had little chance of success. The motion should be heard within the next several weeks, he said.

Ravenswood's attorney, Paul Geraghty, has been quoted in the press as saying an appeal in the matter is likely. Ravenswood has 20 days after the clearing of all post-trial motions to file an appeal, which could take 18 months to adjudicate.

GOSA officials have expressed readiness for a further prolonged legal battle, if that is necessary. They also have expressed the wish that Ravenswood, a major builder that operates in many Connecticut communities, will be persuaded by a combination of legal, business and human considerations to move on, rather than to continue its battle, now more than two years old, to block sale of the land to GOSA. The leadership of the family-owned F.L. Merritt Inc. company is elderly and eager to sell. One family member, Ruth Orkney, of Groton, died May 23, 2005, at the age of 91.

For trial story, click: Background.

GROTON--The Town Council Committee of the Whole approved May 24, 2005, by a vote of 6-3 a resolution by Councilor Elissa Wright intended to ensure that five town properties acquired with open-space funds are securely dedicated to open space.

Ms. Wright's resolution was approved and sent to the town attorney for fact-checking and proofreading only. Following the review, the resolution is to be returned to the council for final action and approval in a regular session.

Voting for the resolution were Councilors Peter Bartinik, Heather Sherman Bond, Frank O'Beirne, Paulann Sheets, Harry Watson and Elissa Wright. Voting against were Councilors Natalie B. Billing, Catherine Kolnaski and Thomas Skrmetti.

The resolution would clarify on the town's land records that the five properties involved were purchased with funds raised by an $8 million open space bond issue in 1988. Ms. Wright said that without specific information in the records future generations could "lose track of the fact that said properties are restricted and dedicated in their use for open space, conservation and recreation."

NEW LONDON--A Superior Court jury returned a verdict Wednesday, May 18, 2005, against a developer who had sued to prevent the sale of the 75-acre Merritt tract on Fort Hill to the Groton Open Space Association.

The jury of four men and two women deliberated for about 1 1/2 hours Wednesday afternoon before finding against Ravenswood Construction LLC, Cheshire, and in favor of F.L. Merritt Inc.

Following the verdict, Judge Seymour Hendel declared GOSA's contract to buy the property for $1 million to be valid and ordered it carried out, subject to its terms and conditions.

Ravenswood has 20 days to decide whether to appeal the verdict to a higher court.

The trial began Tuesday morning, May 17, 2005, and jurors returned their verdict about 3:45 p.m. Wednesday. They had started deliberating at 2 p.m., after lunch Wednesday, and took one 15 minute break, shortly before announcing their finding.

Ravenswood filed notice of its suit against Merritt April 15, 2003, one day after GOSA signed its contract with Merritt, and the case had been in vigorous litigation since then. The construction company asserted that it had a prior contract with Merritt dating from March 14, 2003.

Nelson Merritt, president of the family-owned F.L. Merritt Inc., signed a Ravenswood-proposed agreement in private at his lawyer's office Feb. 28, 2003, to be held for release later. His lawyer, Robert Lane, of Greenwich, notified Ravenswood on March 14 that he was prepared to forward the agreement to be held in escrow pending receipt of certain releases. Shortly after, Mr. Merritt came to an agreement with GOSA. Mr. Lane then voided the Ravenswood papers by cutting out Mr. Merritt's signature and sent them back to Ravenswood, along with a check for its $50,000 deposit. Ravenswood cashed the check.

Merritt's attorney, William Kroll, of Noank, pressed the point that a rider to the proposed Ravenswood-Merritt agreement required delivery of a fully executed contract in order to become effective and that such delivery never took place. He said in his closing argument that the plaintiffs had avoided the issue of delivery "like the plague" because it was fatal to their case. William Hescock, attorney for GOSA, said, "No matter how close you get, you don't have a contract until both parties agree... There was no final deal." Paul Geraghty, attorney for Ravenswood, argued unsuccessfully that Mr. Merritt had accepted the contract when he signed it. He said, "There is nothing in the contract that says you can sign it conditionally."

GOSA won a $650,000 state grant toward the purchase on April 8, 2003. GOSA's application for the grant notes that the property lies in a greenbelt of approximately 1,500 acres. It is the site of two Class A streams that converge to flow into Palmer Cove on the Fisher Island Sound. Its northwest section includes an area of hardwood trees that has not been logged since 1868. Two state species of concern--Red- Shouldered Hawks and Wood turtles--are found in the forest. Aquatic life includes Marbled and Spotted Salamander, Fairy Shrimp and Wood Frogs. The land is home to Fox, Mink, Muskrat, Raccoon, Coyote, Deer, Opossum and Wild Turkey, among other species. The application also notes the presence of "an extensive variety of forest-interior and neo-tropical migrant birds."

Ravenswood had applied in 2000 to build a 79-lot subdivision, called Mystic Estates, in the area. Subsequently, regulators whittled that number down. In early 2002, GOSA appealed a Planning Commission decision to allow a 48-lot subdivision. GOSA's appeal was denied by the Superior Court, but the organization won the right to take its case to the Appellate Court, where the issue currently is pending.

The action on which the jury decided May 18, 2005, was separate from the so-called SLAPP suit filed by Ravenswood and Mystic Estates Partners against GOSA and nine individuals in June 2003. The suit alleged that GOSA and the others named had abused the legal process and interfered with the plaintiffs' contractual relationships. The action was dropped quickly in July 2003 as the office of Attorney General Richard Blumenthal prepared to step into the case on the side of GOSA and the other defendants. SLAPP stands for Strategic Litigation Against Public Participation.

Groton Attorney Paulann Sheets represented GOSA in the successful opposition to the SLAPP suit.

NEW LONDON--Ravenswood Construction LLC called four witnesses May 17, 2005, the first day of a jury trial of the Cheshire construction company's suit against F.L. Merritt Inc., owner of a 75-acre tract on Fort Hill that GOSA seeks to preserve as open space.

New London Attorney Paul Geraghty called: Dean Fiske, Ravenswood's president; Nelson Merritt, president of F.L. Merritt; William Bentley, partner in DiCesare-Bentley Engineers of Groton; and James Miele, a Cheshire attorney who worked with F.L. Merritt on a proposed 2003 contract between Ravenswood and Merritt.

Mr. Geraghty planned to call one more witness May 18, Robert Lane, Greenwich-based attorney for Merritt, after which Attorney William Kroll of Noank was expected to begin the case for the defense.

Judge Seymour Hendel decided to allow testimony on a rider to the proposed Ravenswood-Merritt contract, a rider that required delivery for the contract to take effect.

GOSA contends its April 14, 2003, contract to buy the land for $1 million is the only valid contract.

NEW LONDON--Judge Seymour Hendel of the New London Superior Court heard arguments May 12, 2005, on a motion by developer Ravenswood Construction LLC of Cheshire to bar from a forthcoming trial evidence on a rider to a proposed contract between Ravenswood and F.L. Merritt Inc., owner of a 75-acre property on Fort Hill in Groton.

The rider required delivery of a fully executed contract to the buyer in order for a sale to become final. No such delivery took place, and that is one reason Merritt contends that it did not sell the property to Ravenswood prior to signing a contract April 14, 2003, to sell the land to the Groton Open Space Association for $1 million.

Judge Hendel will announce his decision formally early next week. Jurors have been selected, and trial of the case is set to begin May 17, 2005.

NEW LONDON--Lawyers for GOSA, F.L. Merritt Inc. and Ravenswood Construction LLC finished May 11, 2005, selecting a jury of consisting of six regular members and two alternates to hear the Merritt case. Four jurors were selected May 10 and four more May 11. On May 12, Judge Seymour Hendel will hear a motion by Ravenswood. Attorneys are: William Hescock of North Stonington for GOSA; William Kroll of Noank for Merritt; and Paul Geraghty, assisted by Michael Bonnano, both of New London, for Ravenswood. The trial is expected to begin May 17.

[To spare the reader repetition, this and subsequent brief daily updates will provide minimal background. Any further needed information is contained in earlier items, which can be displayed by searching for the key word "Merritt" with your browser's search engine.]

NEW LONDON--Jury selection is scheduled to start Tuesday, May 10, 2005, for a trial on the fate of the 75-acre Merritt property on Fort Hill in Groton.

The trial seeks to determine whether Ravenswood Construction LLC, of Cheshire, has a valid contract to buy the property from F.L. Merritt Inc. GOSA maintains that Ravenswood does not have a contract, written or otherwise, and that GOSA's contract with Merritt--signed by Merritt and GOSA April 14, 2003--is the only one that exists.

GOSA won a $650,000 state grant in April 2003 toward the $1 million purchase price of the land.

Judge Seymour L. Hendel will hear the case. He is at the court Tuesdays, Wednesdays and Thursdays. The first several days of the proceedings are expected to concern selection of jurors. Presentation of evidence appeared likely to start May 17.

Ravenswood proposes to build 48 houses on the tract, which lies south of Route 1 between the summit of Fort Hill and Fishtown Road to the east. Developers first applied for a 79-lot subdivision on the land in June 2000, but the Inland Wetlands Agency and Planning Commission reduced the number allowed to 48.

STONINGTON--Thomas L. Crowley, 81, of Stonington, who for 19 years mowed the fields at Haley Farm State Park under contract to GOSA, died April 29, 2005, at his home in Stonington.

In a letter to Mr. Crowley's family, GOSA Director Sidney Van Zandt wrote, "He was an icon for us at the Groton Open Space Association. When he began, the fields had reverted badly, but over the years, he and you have brought back so many of the fields and uncovered so many of the stone walls that had long since disappeared under vines and brush. That allowed them to return to their peaceful grandeur instead of being hidden by the march of the forest." Mr. Crowley used a 1953 John Deere tractor in the mowing.

Ms. Van Zandt said separately, "Because of Mr. Crowley's ill health this year, his grandson, Brian, cut most of the fields, despite the enormous amount of snow and time spent away helping care for his granddad. Mr. Crowley's, son, Thomas, was back at the Haley Farm a few days after Mr. Crowley's death tending to the 'edging' with another helper, using their weed-whackers to attack the vines on the walls."

An obituary in the Westerly (R.I.) Sun said that Mr. Crowley was born in New Jersey and that he married the former Florence Schweitzer in 1951 in Yonkers, NY. A resident of the Wequetequock section of Stonington for many years, he operated the Crowley Farm and delivered cordwood to many homes in the area. He also was employed at one time as a rigger at the Electric Boat Division of General Dynamics. Mr. Crowley was described as an avid collector of coins, stamps and rocks. He is survived by his wife and two sons, Thomas F. Crowley of Pawcatuck and Raymond J. Crowley of Great Barrington, RI, three brothers, seven sisters and five grandchildren.

GROTON--Both GOSA and the Town of Groton have decided to contest New London Superior Court rulings favoring Massachusetts developer Ron Bonvie's plan to build a "residential life care community" on a 105-acre portion of the Watrous property west of Noank Ledyard Road.

GOSA has filed "petitions for certification" seeking permission to take appeals to the Appellate Court. The appeals would be against decisions April 13, 2005, by Superior Court Judge Joseph Purtill dismissing GOSA's objections to approvals by Groton's Inland Wetlands Agency and Zoning Commission of Mr. Bonvie's proposed 147-unit "Four Winds" project. Mr. Bonvie's company is Mystic Active Adult LLC.

UPDATE: The Appellate Court declined June 22, 2005, to hear either of GOSA's appeals.

The Inland Wetlands Agency voted unanimously April 27 to file a petition for certification to argue against Judge Purtill's decision for Mr. Bonvie in his appeal against restrictions imposed by the IWA on the Four Winds project.

Background on these cases is contained in an April 21, 2005, article.

GROTON--Developer Downes-Patterson Corp. and GOSA disclosed April 26, 2005, terms of a tentative negotiated settlement of a dispute over a planned residential development in the watershed of Great Brook, a main conduit of water into the Groton reservoir system.

The Downes-Patterson/GOSA agreement and associated covenants, unveiled at a Planning Commission meeting, would create a scaled-down, environmentally friendly Great Brook north of Route 184 between Daboll Road and Gales Ferry Road. The developer will dedicate 65 acres of the 125-acre tract to open space, of which 34 acres would be held by the town and 31 acres by the City of Groton, subject to the city's final approval. The city owns Groton Utilities, which is responsible for the reservoirs.

Downes-Patterson said it would eliminate several lots, reconfigure several others and shorten a cul de sac to reduce threats to a vernal pool. It also agreed to financing of longer-term testing of water in nearby wetlands and observation of storm water outflows; imposition of clearing limits on lots; redesign of storm water basins; and the hiring of a third-party inspector to check on erosion during construction. The developer said it would establish a homeowners association with powers to enforce clearing limits; regulate use of herbicides, pesticides, detergents and petroleum products; and encourage sound environmental stewardship by owners. The homeowners association will own conservation easements on properties in the subdivision. Attorney Timothy Bates, for the developer, said that the easements are crafted in such a way that the town or another entity can become a co-owner, or grantee, if it expresses an interest in doing so before the easements are recorded.

Town Planning Director Michael Murphy said the town would examine the arrangement and come up with recommendations to the Commission. He said, "Everything is good insofar as it protects the environment, but we can go only so far with our regulations." He said that while the town can't enforce easements negotiated by GOSA and the developer, it can allow the developer to note on plans accepted by the town that certain activities are subject to "additional agreements."

The settlement provides that if the Downes-Patterson concessions are incorporated in the Planning Commission's approval of the subdivision application, Downes-Patterson will drop its July 2004 appeal of an Inland Wetlands Agency decision to impose 150-foot wetlands buffers, and GOSA will not appeal Planning Commission approval of the project. Downes-Patterson's dropping of its appeal also is conditional on no other party, besides GOSA, appealing a Planning Commission approval.

The agreement would result in a subdivision of 51 houses. Plans presented by Downes-Patterson in the spring of 2003 had envisioned a subdivision of 104 houses. This number has come down in stages to 63, 54, and now 51. The biggest cut, to 63 from 104, was made after it came to light that the site was located in a state non-sewering area, a designation aimed at discouraging dense development in the watershed.

Principal participants in the talks that led to the agreement were Nancy Klotz, president of Downes-Patterson; Priscilla Pratt, President of GOSA; Attorney Bates of Noank for the developer; Attorney Mark Kepple of Stonington for GOSA; Sigrun Gadwa, of Carya Ecological Services of Cheshire, CT; and DiCesare-Bentley Engineers, of Groton. Ms. Gadwa acted as consultant to GOSA and recommended most of the environmental protections provided by the agreement and covenants.

GOSA agreed in December 2004 to participate in negotiations after it realized it would not be able to find a buyer to protect the land as open space. GOSA had opposed the project since it was proposed in the Spring of 2003 and had acted as intervenor in two sets of Planning Commission and Inland Wetlands Agency hearings on it.

At the April 26 Planning Commission hearing, GOSA made a request for Cape Cod (slanted) street curbing to be installed in areas near wetlands to facilitate migration of amphibians to and from vernal pool areas. Ms. Gadwa said amphibians tend to keep vernal pools healthy in themselves and free of public health dangers like the West Nile virus-bearing mosquito, Culex pipiens, which seeks pools free of amphibian predators. Mr. Murphy said he would discuss the request with the Engineering Department. Ms. Gadwa said DiCesare-Bentley had told her the curbing requested would not affect drainage calculations.

The public phase of the current Planning Commission hearings ended April 26 after several members of the commission praised the cooperation that had led to the agreement. Ms. Pratt lauded Ms. Klotz, who was present at the hearing, as a "developer who has proven herself an exceptional steward of the land." Ms. Pratt said Ms. Klotz at several points in the negotiations had to make choices between her economic interest and protection of the watershed and "she decided in favor of the watershed."

Ms. Pratt characterized the agreements as a "leap of faith" in the future homeowners association and individual homeowners.

GROTON--Recent, current and possibly imminent development involves at least 800 acres of Groton land, a recent study by GOSA and the Office of Planning and Development (OPDS) shows.

The "Pipeline" study, suggested by GOSA and carried out by the OPDS in April, 2005, lists 31 parcels of land. The parcels were selected for inclusion because they are either:

--the sites of recently completed developments

--in development

--in some stage of the process of application for development or

--well known to be for sale for development

They range in acreage from 125.6 for the proposed Great Brook subdivision down to 1.0 acre for the proposed Library Hill subdivision. The projects go back as much as five years. They involve 1,381 identified residential units, plus an unknown number of units on 175 acres that either are for sale or for which the exact number of units has not yet been worked out. Several of the development approvals are under appeal, either by GOSA or other parties.

The analysis presented in this article represents GOSA's interpretation, not that of the OPDS, which supplied the Pipeline data.

The number of units that would be built on the 175 acres referred to above is, as stated, unknown. However, based on zoning of the areas and what little is known about plans for them would suggest to GOSA that an estimate of 250 units is reasonable. That would bring the total number of units in the Pipeline to 1,631. The 1,631 units are equivalent to more than 9% of the Town of Groton housing stock of 17,320 units in 1999, latest year for which figures were immediately available.

The Pipeline numbers exclude developments that are known to be commercial or industrial in nature, rather than residential. GOSA notes that the figures do not capture every new house or every undeveloped property that is advertised for sale. They also do not count land that may be "banked" by large development companies, either in the form of ownership or options to purchase. That means that the figures understate the true situation by an unknown but probably significant amount. They should be regarded as only an initial effort to put numbers to a matter that needs more study.

To place the figure in further perspective: 800 acres represents an area about 7% bigger than the 745-acre Bluff Point State Park. It is four times the size of 200-acre Haley Farm State Park before it was enlarged in 2002.

A study of Groton's open space, released in February 1999 by Planimetrics of Avon, CT, showed that Groton had 6,231 acres of unprotected, undeveloped private land. The Pipeline acreage amounts to approximately 13% of that figure and is a subtraction from it. The Planimetrics study is a supplementary booklet to the Groton Plan of Conservation and Development, also prepared by Planimetrics.

How much open space does Groton have? This often-asked question is answered in the Planimetrics study. The short answer is that Groton has a lot of actual open space and comparatively little securely protected open space. Planimetrics found that Groton had 10,617 acres of actual, or "perceived", open space, of which only 2,311 acres were securely protected as open space, either by the State of Connecticut, Town of Groton (dedication to open space) or land trust. The perceived open space amounted to 52% of Groton's total acreage, while the securely protected open space came to just 11%. Since those 1999 figures were released, some 57 acres have been added to open space, in the form of an enlargement of Haley Farm, and at least 800 acres have entered the development pipeline. Big development companies like Toll Brothers and Pulte are interested in this coastal area, which as we all know is located about midway between Boston and New York.

The full Planimetrics breakdown of the 10,617 acres of perceived open space in its 1999 report is as follows:

Municipal Dedicated* 1,198 acres

State of CT* 1,020

Land Trust* 93

Public Managed 302

Private Managed 258

Supply Watershed 1,318

Golf Course 134

Cemeteries 63

Undeveloped Land 6,231

____________

*Classified by Planimetrics as preserved

Copies of the Pipeline and 1999 open space study can be obtained by e-mailing jfurlong1@comcast.net. GOSA would welcome any suggestions for additions to or corrections of the figures.

GROTON--Lawyers for the Groton Open Space Association are examining texts of several New London Superior Court rulings favoring a developer's plan to construct what he contends is a "Residential Life Care Community" on 105 acres of the 160-acre Watrous Property.

Judge Joseph Purtill on April 13, 2005, denied appeals by GOSA against approvals of the "Four Winds" project by the town's Zoning Commission and Wetlands Agency. He also allowed an appeal by the developer, Ron Bonvie, against two restrictions placed on the development by the Groton's Inland Wetlands Agency (IWA).

GOSA has 20 days from April 13 to decide whether to seek permission from the state Appellate Court in Hartford to appeal Judge Purtill's rulings to that court. GOSA is actively considering all options, officials of the conservation association said.

The town has not said whether it will contest Judge Purtill's dismissal of two IWA restrictions placed on the development: the denial of a wetlands crossing, known as Crossing C, near the northern border of the property, and the imposition of a seasonal closure of the development's main interior road during salamander mating season. The IWA's denial of Crossing C would have had the effect of reducing the planned number of units in the community to 147 from an originally proposed 161 and blocking Mr. Bonvie's access to a large parcel of land to the north for possible expansion.

GOSA contended in its zoning appeal that Mr. Bonvie's plan did not meet town requirements for a "Residential Life Care Community" and was in fact only an age-restricted condo development. GOSA's wetlands appeal alleged, among other things, that the IWA failed to consider alternatives to the Bonvie plan and that the IWA did not adequately protect wildlife, biodiversity and trees. GOSA contended that regardless of the Avalon Bay Supreme Court decision, which severely undermined biological protections, these resources should have been protected under the terms of the Connecticut Environmental Protection Act (CEPA), which GOSA had invoked.

Under state legislation adopted in the wake of the Avalon Bay decision on October 14, 2003, "a municipal inland wetlands agency shall not deny or condition an application...in an area outside wetlands or watercourses on the basis of an impact...on aquatic, plant, or animal life unless such activity will likely...affect the physical characteristics of such wetlands or watercourses." The full legal ramifications of this legislation, signed into law June 3, 2004, have yet to be determined in the courts, in part because biologists have determined that aquatic life does in fact have physical impacts on water quality. That determination broadens the range of activities outside wetlands that may affect physical water quality within wetlands and watercourses.

GOSA still has an appeal pending before another judge against the Planning Commission's approval of the Four Winds site plan.

EAST LYME--A special town meeting voted overwhelmingly April 11 to approve up to $2 million to preserve open space in the town, The Day reported.

The newspaper said in an article by staff writer Karin Crompton: "Although the money can be used to buy land anywhere in town, the focus will be on purchasing land in the Oswegatchie Hills, a 700-acre expanse of woodlands that borders the Niantic River.

"About 300 people attended the meeting, held in the high school auditorium. Only two or three people voted no in the voice vote.

"Immediately after the motion passed, the room erupted into cheers, hollers and whistles. Half the room stood and applauded while others hugged and pumped their fists.

"'You could feel it here tonight--this was a community, it was everybody,'" said Marvin Schutt, president of the nonprofit Friends of Oswegatchie Hills Nature Preserve. "'Previous times, there wasn't the unification of communication and of desire.'

"Many people who want to preserve the Hills have lamented the town's failure to buy a key chunk of land there 18 yeas ago. In 1987, the town received a $1 million state grant to help it buy land in the Hills, but East Lyme failed to use the grant and the state repealed it in 1989.

"Now, that same property belongs to developer Glenn Russo, who owns Landmark Development LLC of Middletown. Russo either owns or has the option to buy 230 acres in the northern end of the Hills and has twice applied to the town to build market-rate condominiums and affordable housing units there."

Osprey Nesting Platform At Haley Farm Renovated

GROTON--A crew from several conservation organizations and the state Department of Environmental Protection extensively renovated the osprey nesting platform and its supporting structure at Haley Farm on March 16, 2005.

Jim Morgan, of the Potapaug Audubon Society of Old Lyme, took the lead in erecting the platform on a marsh near the shore of Palmer Cove. He was assisted by Linda and Ed Bireley, of the Lyme Land Trust; Sidney Van Zandt and Doug Smith of the Groton Open Space Association; Jon Lincoln, state parks and recreation supervisor with the DEP; and Rick Niedojadlo, park maintainer.

Mr. Morgan and his crew used a cordless electric drill, a small gasoline-powered chain saw, a level, and a hacksaw in shaping and assembling the platform in an approximately two-hour operation on the partly frozen marsh. They carefully preserved the matted mud, grass and sticks that formed the nest on the old platform. When construction was complete, Mr. Morgan carried them in a bucket to the platform, making several trips up a ladder, and spread them out neatly for prospective new tenants.

The Potapaug Audubon Society paid for the materials used in the structure. The column on which the platform sits is bolted to an "A" frame in the front of the base and to a long supporting board behind. Together, the frame and supporting board provide three "feet," each anchored by a sharpened wooden stake driven into the marsh. A fourth anchor is provided by the column itself, the bottom of which was sunk into the marsh. The platform is elevated about 12 feet above the marsh and is protected from potential climbing predators by a downturned metal collar on the column below the platform.

Mr. Morgan estimated the structure would last for 20 years. He has been building and repairing nesting platforms for 30 years, and he shored up the Haley Farm platform last year, to what he said was the alarm of the osprey parents occupying the platform at the time.

Town Council Defeats Wright Proposal On Transfer Tax

GROTON--The Town Council defeated March 15, 2005, a proposal by Councilor Elissa Wright to allocate a portion of revenues collected in Fiscal Year 2005 under the increased Real Estate Conveyance Tax to the town's new open space land acquisition fund.

The vote against the proposal was 6-2. Voting against the open space measure were Councilors Thomas J. Skrmetti, Frank O'Beirne, Catherine Kolnaski, Mayor Harry Watson, Natalie Burfoot-Billing and Peter Bartinik. Mr. O'Beirne asserted the measure would be a "back door" means of devoting money to open space. He said contributions to open space should be a "specific amount, argued about and agreed."

Voting for the proposal were Councilors Wright and Paulann Sheets. Ms. Wright had said it appeared that the amount that could be put into the open space fund this year under her proposal could total some $120,000.

The council didn't vote on two other open-space related proposals by Councilor Wright. (See Feb. 26, 2005 story.)

GOSA Addresses Council On Zoning Hearing

GROTON--The Groton Open Space Association told the Town Council March 1, 2005, that it was concerned about "flaws" in the adoption of a major zoning amendment last month.

GOSA Director Robert Schneider read to the Council the following letter, dated Feb. 20, that GOSA had sent to Michael Murphy, director of planning and development, and Stephen Hudecek, chairman of the Zoning Commission, with copies to other members of the Commission and to Town Manager Mark Oefinger:

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The Groton Open Space Association would like to express its concern about flaws in the process that led to the Commission's 3-1 vote Feb. 2 to approve the zoning amendment that created Active Senior Housing.

GOSA also seeks remedial action. GOSA had opposed the amendment in the form presented because it contained no definition of buildable land and no link between the number of permitted units and buildable acres. Such a definition and link are needed to prevent unacceptably high densities.

At the Commission's December meeting, Chairman Hudecek had clearly identified the weakness of the amendment as proposed. Without a buildable land definition, the amendment theoretically could allow 30 units to be crowded into 2 acres of a 15-acre tract with half-acre zoning if the other 13 acres were not buildable. Mr. Hudecek later voted against the measure as presented.

The first flaw in the approval process has to do with the introduction of the topic. The amendment had been tabled at the December 1 meeting after the Commission approved clarifications of rules pertaining to Residential Life Care Communities and similar types of housing. One member pointed out at the time that the Commission, by making the clarifications, had taken care of the urgent matter at hand and didn't need to go further.

One the morning of Feb. 2, GOSA members were startled to read in The Day that at "7 tonight, the Zoning Commission will consider a proposal that would amend the regulations" to include Active Senior Housing. This story, quoting Mr. Murphy, appeared to sideline the Commission, which should have been allowed to decide for itself what it would and would not consider, without steering from the town staff.

When the Commission meeting took place on the evening of Feb. 2, no motion was made to take the matter from the table. Such a motion would have been appropriate from both procedural and fairness points of view, given that no consensus existed at the end of the preceding meeting to take up the matter again.

Mr. Haviland then contributed a second flaw. Before reading a motion to approve the amendment, he said he believed that an absent member, Mr. Marcus, would approve of it. He did not present any information, documentation or argument for this judgment. How Mr. Marcus would have voted if he had attended the meeting and listened to all argument cannot be known. Mr. Haviland's unsupported assertion, which may have influenced other voters, should not have been made.

Third, we noted that a new Commission member, Mr. Sergeant, dominated the discussion, acting as a strong advocate for the amendment, although he hadn't sat as a member at any of the hearings and therefore wasn't allowed to vote. The chairman at one point asked Mr. Sergeant if he was a developer, a question that indicated that Mr. Sergeant hadn't been properly introduced to the Commission and its chairman. This matter is puzzling.

For the three reasons cited above, we believe the Feb. 2 meeting served to undermine, rather than strengthen, the public's confidence in the fairness of the process by which this amendment was adopted.

Mr. Murphy said he did not insert a buildable land definition into the amendment because a planned definition, when it is ready, will have to be applied across the board, rather than to just one measure. If this is the case, then we feel the Commission should have delayed action until the definition was ready. We urge that a generally acceptable definition of buildable land be arrived at quickly and that it be inserted into the Active Senior Housing amendment as soon as possible. Until then, we urge a moratorium be observed on applications for this type of housing.

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GOSA recapped the letter at the Zoning Commission meeting March 2. Mr. Murphy earlier had commented, without elaborating, that the letter was not accurate as to the law. The Commission did not discuss the letter at the meeting.

GROTON--Town Council Member Elissa Wright has proposed several resolutions to protect and enhance open space in the Town of Groton.

The Council's Committee of the Whole is expected to consider the resolutions at its next meeting March 8, 2005. Citizens will have a chance to speak in support of the measures in the citizens' petition segment of the next council meeting March 1.

Ms. Wright's three resolutions would:

1. clarify on the land records that five town properties were acquired for open space, recreation and conservation purposes with funds raised by an $8 million bond issue in 1988. Ms. Wright notes that at present the land records do not show this in the cases of: the 35-acre Merritt Farm on Fort Hill along the south side of Routes 1 and 215 (not the Merritt property GOSA seeks to acquire); two Mystic Community Center parcels comprising nearly 40 acres on the easterly and westerly sides of River Road north of I-95; the 5.76 Kiely Property north of the Groton Senior Center; the 75.67 acre Boyer-Napert Property (now the Mortimer Wright Preserve) on the northerly side of Route 215; and Burrows Field, now known as Poquonnock Plains Park. Ms. Wright says that without such specific information in the records, "future generations will lose track of the fact that said properties are restricted and dedicated in their use for open space, conservation, and recreation purposes."

2. allocate a portion of revenues collected in Fiscal Year 2005 under the increased Real Estate Conveyance Tax to the town's new open space land acquisition fund. Ms. Wright said it appears that the amount that could be put into the open space fund this year under her proposal could total some $120,000.

3. dedicate to open space an undeveloped, approximately 7-acre tract of town land abutting the historic Jabez Smith House on Route 117. The Jabez Smith House and the abutting lands are "the sole remaining undeveloped areas now in public ownership and control within the bounds of the original land grant to Nehemiah Smith in 1652, which predates by three years the first permanent settlement on Groton Bank in 1655...," her resolution says. The town's Conservation Commission has recommended that the land be preserved as open space.

NEW LONDON--F.L. Merritt Inc. won't be permitted to put an expert witness on the stand in the May Superior Court trial to determine whether GOSA or a developer will acquire the 75-acre Merritt property on Fort Hill.

Superior Court Judge James Devine said in a ruling that reached GOSA Feb. 20, 2005, that University of Connecticut law Professor Lewis Kurlantzick would not be permitted to testify as an expert for F.L. Merritt Inc., which seeks to sell the land to GOSA for $1 million. The developer, Ravenswood Construction LLC, had filed a motion to bar Prof. Kurlantzick's testimony on grounds that an expert witness testifying on matters of contract law would usurp the role of the trial judge.

Merritt's attorney, William Kroll of Noank, said that although Prof. Kurlantzick now won't testify, his expert advice will be of great value in the trial.

In another matter related to the Merritt property, a settlement hearing Feb. 15 at the Superior Court in New London on a GOSA appeal was continued to early June. The hearing on GOSA's appeal to the state Appellate Court was put off pending the outcome of the May trial. In the appeal, GOSA seeks a reversal of a Superior Court ruling that upheld the Groton Planning Commission's approval of 48-house subdivision on the Merritt property.

GROTON--The Town Council unanimously expressed interest Feb. 8, 2005, in purchasing a 29.7-acre property overlooking the Thames River, The Day reported.

The newspaper said the Council at its committee of the whole meeting didn't make a decision to buy the so-called Copp/Burrows property but did ask town staff to explore funding possibilities, to refer the matter to the Planning and Conservation Commissions, and to come up with a schedule for a possible referendum later this year.

The tract is situated east of Military Highway and North of the Odd Fellows property, on the opposite side of the Thames from the U.S. Coast Guard Academy, the paper said. Warren B. Burrows II, who represented the owners, said the property has attracted much interest from developers, including one offer close to the $2 million asking price. Sources pointed out that the cost to the town could be lower because of tax advantages to the owner that could flow from a sale at a below-market price.

The Day reported that Councilor Paulann H. Sheets said, "It's not a gift, but in a way it's a gift the way you [Mr. Burrows] came to us. It will be a treasure and a gem."

GROTON--The Planning Commission's opening hearing on the proposed Great Brook housing development was immediately continued for two weeks Feb. 8, 2005.

Attorney Timothy Bates, representing developer Downes-Patterson, explained that the development plan was likely to be modified in view of continuing talks with the intervenors. The Groton Open Space Association has filed as an intervenor in the case because of the land's proximity to Great Brook, the main conduit of water between the upper and lower reservoirs of Groton Utilities.

GOSA earlier had tried unsuccessfully to get the land purchased and left unbuilt. Now GOSA is attempting to ensure the development does the least possible damage to the quality of drinking water in the expanding area served by Groton Utilties.

GROTON--The Town of Groton Zoning Commission voted 3-1 at its monthly meeting Feb. 2, 2005, to approve creation of a new class of multi-family cluster unit known as Active Senior Housing (ASH).

Chairman Stephen J. Hudecek voted against the zoning regulation amendment proposal. Members Richard Haviland, Brian Shirvell and Douglas Brandt voted for the proposal, which had been presented to the board by Michael J. Murphy, director of planning and development. Mr. Haviland proposed the motion approving the proposal, saying he believed it reflected the intentions of absent member George Marcus, who has pushed for clarification of zoning regulations in this area.

The Groton Open Space Association attempted to make a statement in opposition but was told by the panel that the public hearing had ended at the Commission's last meeting on Dec. 1, 2004.

Mr. Haviland contended that the board could not listen to further argument because it was acting in a quasi-judicial capacity, sitting in judgment on evidence already presented. GOSA argued that the Zoning Commission's function in this matter was more legislative than judicial because it involved a zoning regulation amendment, not a subdivision application, and that latitude should be allowed for further public input. Mr. Murphy advised the Commission not to listen to further argument, claiming that to do would take the Commission into "dangerous" territory legally. He asserted that the proposal presented Feb. 2 did not differ materially from that made at the Dec. 1 hearing.

GOSA's main objection to the zoning regulation amendment is that it could lead to unacceptably high densities unless accompanied by a definition of buildable land and a link of the definition to the number of permitted units. Chairman Hudecek had provided an example at the Dec. 1 meeting. He noted that a 10-acre parcel--zoned for half-acre, single-family housing--would accommodate 20 ASH units within a 2-acre area, if 8 acres of 10 were unbuildable. Reasons for land being unbuildable include the presence of wetlands and steep slopes. Under GOSA's reasoning, such a parcel should accommodate a 4-unit development on the 2 buildable acres.

Prior to the vote, Mr. Hudecek expressed concerns about traffic that would be generated by ASH, the looseness of ASH age restrictions, and densities that would be generated.

Mr. Murphy said he wanted to come up with a definition of buildable land for Groton but couldn't apply a definition only to one class of housing. This appeared to leave the board with three options: to hold up the amendment until a definition was hammered out; to amend regulations now, including a definition and suggesing it be spread it across the board as quickly as possible; or to push an amendment through now without a definition. It chose the last option, by a majority.

NEW LONDON--Jury selection is scheduled to start May 10, 2005, for a trial to determine whether the wooded 75-acre Merritt property on Fort Hill in Groton will be preserved as public open space or be turned into a residential development.

The date was set Jan. 6, 2005, following the unsuccessful outcome of talks at the New London Superior Court aimed at avoiding a trial. Earlier, jury selection had been scheduled to start March 29, but the court granted a request of the plaintiff, Ravenswood Construction LLC, of Cheshire, for additional time to prepare for the proceedings.

Overriding issue in the trial will be whether it is the Groton Open Space Association or Ravenswood that has the valid contract to buy the property. GOSA has a contract--signed April 14, 2003, by Merritt--to buy the property. Ravenswood does not have a signed contract but contends that Merritt in effect had agreed to sell it the property.

GOSA and Merritt reject Ravenswood's contention and have lodged counterclaims. On Monday, Jan. 3, Superior Court Judge James Devine denied Ravenswood's motion for separate trials of the contract issue and the counterclaims. The denial is "without prejudice," meaning it doesn't preclude Ravenswood from filing an amended motion for a separation, or "bifurcation," as the motion calls it.

Mystic Attorney William Kroll represents Merritt in the case. William Hescock of North Stonington is lead lawyer for GOSA, and Paul Geraghty of New London and James Miele of Cheshire are attorneys for Ravenswood.

GOSA has won a $650,000 state grant toward the $1 million cost of the land and will raise the remainder through individual and institutional contributions. The land, to be known as the Merritt Family Forest, will remain natural in perpetuity and will be open to the public for such activities as hiking, observation of plants and animals, and education.

GROTON--The state Appellate Court in Hartford has agreed to hear the appeal of the Groton Open Space Association against a lower court ruling that favored developers of the proposed 48-house Mystic Estates subdivision on the Merritt property on Fort Hill, GOSA was notified Dec. 20, 2004.

The Appellate Court's action came in response to GOSA's request for a higher court review of a decision last September by New London Superior Court Judge D. Michael Hurley. The judge had upheld, against GOSA's challenge, the Town of Groton Planning Commission's approval the subdivision. The current would-be developer is Ravenswood Construction LLC, of Cheshire.

Parties in land-use court cases do not have an automatic right to appeal to the Appellate Court but must instead ask the Appellate Court for permission to appeal. Legal sources said it could take up to 18 months for the Appellate Court, having decided to hear the case, to examine the issues and come up with a ruling.

Meanwhile, the separate legal contest, tracing back to April, 2003--between GOSA and the property's owner, F.L. Merritt Inc., on one side and Ravenswood on the other side--is moving into decisive phases. A pre-trial hearing was held Friday, Dec. 17, 2004, at Superior Court, New London, to determine whether a resolution could be worked out without need for a trial, which would probably take place in the Spring. The hearing is to be continued early in January. Both GOSA and Ravenswood claim to have a contract to buy the property. GOSA's contract was signed April 14, 2003, by GOSA and F.L. Merritt Inc. GOSA plans to buy the 76-acre property for $1 million, with the aid of an already secured $650,000 state grant, and preserve the land as open space. Ravenswood has an unsigned contract that it claims to be valid.

GROTON--The Zoning Commission unanimously voted at a meeting Dec. 1, 2004, to defer any action on a proposal to create a new zoning class in the town, "Active Senior Housing."

The commission voted after Chairman Stephen J. Hudecek concluded that the proposal in its current form could allow extremely high housing density under certain circumstances. He offered a theoretical example of 20 units of housing allowable under the proposed regulation on two acres of land. The proposal technically is an amendment to the zoning regulations but in fact is an addition because no Active Senior Housing currently exists in Groton.

Using chalk and a board behind his chair at the Town Hall Annex, Mr. Hudecek drew a rectangle representing 10 acres of land in an area zoned for half-acre housing. He noted that under the proposal, developers would be entitled to put 20 units on the 10-acre property. If only 2 of the acres were buildable [because the rest of the area was wetland, for example], then all 20 units theoretically could be constructed on those 2 buildable acres.

Michael J. Murphy, director of planning and development, agreed that the proposal would permit this result but contended that other regulations, for example, Inland Wetlands Agency rules, would preclude such a situation. Despite this statement, the commission voted to put off any decision on the proposal that Mr. Murphy had drafted for their action.

The commission did, however, approve a series of technical changes to zoning regulations governing "residential life care communities," an umbrella term used to describe various kinds of housing for the elderly.

Earlier, in the public hearing segment of the meeting, the Groton Open Space Association had urged the town, among other things, to come up with a definition of "buildable land" before dealing with Active Senior Housing because this definition would be crucial to deciding how many units could be built on a given tract. Mr. Murphy's Office of Planning and Development Services (OPDS) is scheduled to produce a buildable land definition in 2005 for use in many regulations besides those dealing with zoning. Speaking against the Active Senior Housing measure were GOSA directors Jim Furlong and Joan Smith, GOSA Treasurer Genevieve Cerf and GOSA President Priscilla Pratt, as well as Richard Dixon, an attorney representing GOSA. Wendy MacFarland, a Bel-Aire resident appearing as an individual, told the board that the "public feels disenfranchised" as the rate of residential building goes "out of control."

The Active Senior Housing amendment would allow construction of clustered single family, duplex, townhouse and multi-family housing in many districts where it is not currently permitted. Such housing would have an age restriction--80% of the households would have to include at least one person aged 55. These buildings could be as close together as 20 feet. They would be capable of being upgraded where necessary with such amenities for the aged as grab bars in toilets and showers, but the proposed rules are far looser than in residential life care communities.

Among the town areas where Active Senior Housing would be allowed under the amendment are the 75-acre Merritt property and the 159-acre Watrous property, according to a map prepared by Mr. Murphy and shown during the hearing. GOSA has a contract to buy the Merritt property and preserve it as open space, though a developer is challenging GOSA's contract. Another developer has proposed to build a residential life care community on 105 acres of the Watrous property, but GOSA is opposing the plan in court, contending that the project doesn't amount to a residential life care community.

Appearing at the hearing in support of Active Senior Housing, Clinton Brown, principal of DiCesare-Bentley Engineers Inc., of Groton, suggested that the commission loosen a provision that would restrict Active Senior Housing to locations accessible by collector or arterial roads.

The next scheduled meeting of the Zoning Commission is Jan. 5, 2005. Though Active Senior Housing appeared to be headed for the Jan. 5 agenda, it was uncertain as the meeting ended whether any further action would be taken on the proposal. Commission Secretary Robert O'Neill noted that the commission didn't need to act beyond approving changes to the residential life care community rules, and that had been done.

OLD SAYBROOK--Opposition is strong to a planned development on 1,000 acres of wooded land in the northwest corner of Old Saybrook, The Day reports. In an article dated Nov. 21, 2004, the newspaper said residents and the state Department of the Environment hope to save the tract from becoming a development embracing 248 upscale homes and an 18-hole golf course. Robert McIntyre, chairman of the Old Saybrook Planning Commission, noted that the town had a chance to buy the land from a previous owner at a price that in retrospect seems low. A recession and a mistaken belief that the area's rugged terrain would deter development prevented action at that time. The DEP is preparing an offer to buy the land from the current owner, a subsidiary of Lehman Brothers Inc., the Wall Street investment banking firm, the newspaper said. The Day

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Oswegatchie Hills Devotees Seek To Protect 700 acres

EAST LYME--Lovers of the Oswegatchie Hills are scrambling to buy 700 acres of undeveloped land on the Niantic River to prevent development, The Day reports. The newspaper said Dec. 5, 2004, that the Partnership for Preservation, a coalition of public and private entities conceived by East Lyme First Selectman Wayne Fraser, hopes to buy nine parcels of land for preservation as open space. These blocks include one owned by developer Glenn Russo and two other blocks on which he has options, The Day said. Mr. Russo has proposed to build hundreds of condos in the hills and has launched state and federal court challenges of the East Lyme Zoning Commission's denial of his application. The Day

GROTON--A Pawcatuck oyster farmer has told the Groton Open Space Association that he is concerned about the potential impact on water quality of the proposed Four Winds and Great Brook housing developments.

A recent letter from Stephen J. Plant, of Connecticut Cultured Oysters in Pawcatuck, to Priscilla Pratt, GOSA president, was read Nov. 29, 2004, at GOSA's monthly directors meeting.

Text of the letter follows:

"Dear Ms. Pratt:

"I would like to express my concern over the proposed development plans for both the Watrous property (Four Winds Development) on the Noank-Ledyard Road and the Great Brook development off Route 184. While I am not 'anti-development' by any means, projects must be planned with consideration for the surrounding environment and effects on that environment into the future. Population densities along the entire East Coast are becoming so high, that even with improved sewage treatment, the sheer volume of treated effluent and non-point runoff is having a deleterious effect on estuarine water quality. As an oyster farmer with first-hand knowledge of hatchery operations, I can tell you that changes in the upstream/upland environment have a profound effect on water quality/chemistry in the estuary. I have seen a single heavy rainfall event wash enough contaminants into the estuary to kill an entire spawning run of larval shellfish overnight. As populations continue to rise, insuring the ability of inland wetlands to filter upland-generated contaminants will be even more important in maintaining coastal marine water quality.

"Much press and publicity went with the recently adopted 'no discharge zone' between the Thames River and the Rhode Island line, yet that new initiative to improve coastal water quality will mean nothing if not supported by intelligent planning in the upland watersheds. The proposed Watrous property development would require the building of a road across an extensive area of wetland and one of Connecticut's largest vernal pools. Certainly, with some creative thinking, there are options to this plan that will minimize the impact on this wetland area and allow it to continue filtering water as it was meant to do. If we don't start start to design real estate projects in harmony with the surrounding environment, we will eventually degrade the very environment and water quality people move to this end of the state to enjoy. Please don't let what has happened to Long Island Sound at the western end of the state happen here! Long-range thinking should not be sacrificed because we happen to be in a 'hot' real estate market. Thank you for your time and I applaud your continuing efforts to preserve open spaces.

"Sincerely,

/signed/

Stephen J. Plant"

PRESTON--The state said that it has purchased 41.3 acres of land along the Quinebaug River for preservation as open space, The Day reported Nov. 19, 2004. The site, which had been approved for a five-lot subdivision, was purchased by the Department of Environmental Protection for $400,000, or slightly under $10,000 an acre, from Lauretta Przyborowski, now of Las Vegas, whose husband, John, had farmed the land. Town officials had urged the state for more than two years to buy the property at 161 River Road. The Day

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Boundary Disputes Slow Route 11 Greenway

WATERFORD--Plans for a greenbelt on either side of the proposed Route 11 extension are hindered by many disputed borders of property in the area, The Day reported Nov. 19, 2004. The newspaper said some tracts have been held by the same family since before Waterford and East Lyme were separated by a town line. In addition, some boundaries have not been recorded in writing, it said. The Day

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Groton City OKs Land Buy To Protect Water

GROTON--The City Council unanimously introduced an ordinance calling for city to purchase 43.5 acres of land near the edge of the Ledyard Reservoir, The Day reported Nov. 16, 2004. The ordinance is expected to get final approval Dec. 6. The $152,000 purchase from Robert S. Porter would be financed 55% by the city and 45% by the state. The land is identified as 1560 North Road, Groton, and 1641 Center Groton Road, Ledyard. It is located 275 feet from the edge of the Ledyard reservoir, part of the Groton Utilities reservoir system. The Day

GROTON--The Groton Open Space Association has presented to the Town Council and Zoning Commission its objections to the content and manner of presentation of proposals to amend the Town's zoning regulations.

Both town units held separate meetings on the evening of Nov. 3, 2004, at the Town Hall Annex. GOSA Treasurer Genevieve Cerf and Director Joan Smith made the organization's case--Ms. Cerf at the Town Council meeting and Ms. Smith at both meetings.

Ms. Cerf expressed "distress and dismay" at the proposal to create a new class of "Active Senior Housing" that she said would lead to increasing sprawl in a "radical and rapid buildout," with accompanying problems of budget difficulties, crime and increased traffic. She urged a "paradigm shift" away from the practice of "worshipping at the altar of the grand list." Bigger tax rolls, she said, can in fact lead to higher taxes.

The GOSA treasurer, who is a member of the Representative Town Meeting, urged a public referendum be held on the issue and said "My constituents are very concerned about sprawl."

Ms. Smith said the proposal holds the potential to create "wall-to-wall high-density housing throughout most areas of the town." She said it contravenes the 2002 Town of Groton Plan of Conservation and Development by allowing multifamily housing in areas explicitly discouraged for that use by the plan. She said high-density development can protect open space only if it is accompanied by large, mandated set-asides of open space. Yet the zoning change proposal foresees an open space set-aside of only 7%, less than the 10% now considered a minimum for housing developments, and far less than an open space development would require.

The proposed changes reached the public in the form of a draft set of amendments, with suggested additions shown in underlined boldface and deletions shown with a strikethrough. Ms. Smith said that because of the far-reaching nature of some of the proposed changes, "A written discussion...should be prepared by the Office of Planning and Development" to accompany the draft.

The Zoning Commission expressed interest in GOSA's comments. A member said the group was eager to proceed with some technical modifications. A GOSA official said later this opened the possibility that the Senior Active Housing issue and the more technical changes within the amendments could be considered separately. GOSA has engaged Attorney Richard Dixon to examine the proposals in detail.

The GOSA presentation stimulated lively discussion in the Town Council, where Councilor Peter Bartinik questioned whether the OPDS staff gives adequate consideration to environmental questions. Town Manager Mark Oefinger said a large-scale meeting of land use commissions and councilors should perhaps be convened "if you have concern that the staff is not green." He contended the "staff is very green when appropriate."

Mr. Oefinger expressed irritation at what he termed "catch phrases and generalizations" aimed at the OPDS that have been "going around for months and months." He didn't name the source of his irritation. However, GOSA has made several presentations to the council in recent months calling for better stewardship of Groton's striking environmental assets. Such assets, GOSA holds, are increasingly hard to find in the crowded corridor between New York and Boston, south of I-95, and should not be squandered in pell-mell construction.

Separately, The Day reported that at the same meeting, "The Council established a fund ... to buy land worthy of preserving in its natural state."

In an article by Gladys Alcedo, the newspaper said: "The Open Space Land Acquisition Fund, which had been discussed on-and-off for the last couple of years, will be financed annually by an amount to be determined by the council and the Representative Town Meeting. No more than the equivalent of two mills of the tax rate may be [appropriated] in a given year, in accordance with state statute." [The fund can be supplemented by private donaions, however.]

The article said Councilor Frank O'Beirne Jr. cast the lone vote against the measure. He argued that creation of a fund could encourage sellers to demand high prices and might create pressure on the town to spend money buying marginal open space. The newspaper quoted him as saying that he doesn't oppose preservation of open space but favors the transfer of funds from the budget as necessary, rather than creation of a special fund.

With respect to the issue of prices paid to sellers of open space, Councilor Elissa T. Wright said that if the town uses local funds in conjunction with the state Open Space and Watershed Land Acquisition Program, specific guidelines have to be met, including a fair market purchase price determined by two appraisers, the newspaper said.

GROTON--Genevieve Cerf, treasurer of the Groton Open Space Association, told the Town Council Oct. 19, 2004, that the proposed development of the Watrous property exemplifies both the "heart-wrenching" problem of sprawl in Groton and growing threats to whole species of wildlife.

Ms. Cerf, in a citizen's petition, also addressed questions, still unanswered, to the councilors about how the property, recommended for preservation as open space by the Town's Conservation Commission on Dec. 11, 2001, came to be optioned by a developer March 15, 2002.

Ms. Cerf, who holds a PhD in electrical engineering from Columbia University and said she has gone from "computer geek" to environmental advocate in recent years, appealed to the council for "consensus and compromise" in solving Groton's environmental problems. She said GOSA's repeatedly expressed concern about development-related destruction of amphibian life reflects in part the function of amphibians as "the canary in the coal mine,"--that is, as an early warning of threats facing all wildlife and, ultimately, all life on the planet.

"Do we want to be the generation that tells its kids we wiped out what's left of the wildlife?" she asked. She said, "Sprawl is becoming heart-wrenching. Many citizens going to town land-use commission hearings come out in tears. These people shouldn't be ignored."

She noted that the Watrous property is host to a vernal pool of outstanding quality--with 1,350 egg masses counted one spring, more than 50 times the 25 egg masses that are considered the mark of a high-quality pool. The property also features two Class A streams, three historical Native American sites, a rare White Cedar swamp and sensitive species like Wood Turtles and Red-Shouldered Hawks.

She said the Council should get an answer to the question of whether the town Office of Planning and Development Services (OPDS) informed would-be Watrous developer Ron Bonvie that the property had been recommended for preservation before he signed the option to acquire it. She also asked whether the OPDS informed the Council, the Conservation Commission and the Planning Commission of Mr. Bonvie's interest in the property.

Ms. Cerf sought to counter any idea that GOSA opposes all development. She said that GOSA had fought only about 15% of the housing projects that currently are in the pipeline.

Councilor Paulann Sheets agreed that "it's baffling" that the property was not saved. She said she backs a more proactive procedure in land protection and hopes "it's not too late for the Watrous property."

Councilor Thomas Skrmetti contended the council can't do anything about the property while it is in litigation and asserted "we'll get sued if we try to stop it," meaning the proposed 147-unit Four Winds "Residential Life Care Community" that Mr. Bonvie wants to build on the Watrous property. Mr. Bonvie has sued the town in Superior Court for restoration of a wetlands crossing that was denied by the Inland Wetlands Agency. GOSA is appealing approvals of the project by IWA, the Planning Commission and the Zoning Commission.

GROTON--Groton Open Space Association President Priscilla Pratt warned at GOSA's annual meeting Oct. 14, 2004, that the town appears to be "aiming for full buildout" and that Groton's natural resources are disappearing fast under heavy development pressures.

Mrs. Pratt appealed to citizens for more participation in meetings of land-use commissions and for financial aid.

"GOSA can't go it alone," she said. Earlier in the meeting, GOSA Treasurer Genevieve Cerf had noted that GOSA's fees for lawyers totaled nearly $25,000 in the current year, for just two cases. Mrs. Pratt noted that GOSA goes to court "only as a last resort."

Illustrating development pressures, Jim Furlong, a GOSA director, estimated that more than 1,400 dwelling units are under construction; approved or in the approval process; or are concretely planned by developers at present. He commented that the statistics on the housing "pipeline" merely verify "what we see all around us"--that wild tracts suddenly are becoming the focus of surveying and construction activity after lying dormant for generations.

Mrs. Pratt expressed concern about a proposed town zoning change that would make it easier for developers to get zoning approval to build high-density condos in the Town of Groton. The change would relax regulations that have been used to challenge the Four Winds "residential life care community" proposed for the Watrous property on Noank-Ledyard Road. GOSA has received legal advice that the proposed new zoning category of "Active Senior Housing,"--though nominally for "seniors"--could wind up with occupants who broadly match the general population in age. Mrs. Pratt said that zoning change proponents appear to believe that Active Senior Housing should be legalized for all areas currently zoned as industrial because of the difficulties Groton has had in attracting industry.

Reviewing current organization activities, Mrs. Pratt noted that GOSA is continuing its struggle to acquire the 75-acre Merritt property atop Fort Hill as open space. A long-running legal battle between GOSA and Ravenswood Construction LLC over which party has the valid contract to buy the land is expected to go to trial in the spring. In addition, GOSA is pursuing further its appeal of a Planning Commission decision to approve a 48-house subdivision for the property. GOSA has requested legal permission to appeal a Superior Court denial of GOSA's challenge the Planning Commission's approval of the development.

In the case of the Watrous property, GOSA has filed appeals of approvals of the Four Winds project by the Planning Commission, Zoning Commission and Inland Wetlands Agency. GOSA also has been named as a defendant, along with the town, in an appeal by Downes-Patterson Corp. against buffers imposed by the Inland Wetlands Agency in an effort to protect Great Brook from surface runoff and septic tank leakage resulting from a planned subdivision by the company. Great Brook is the main conduit of water between Groton Public Utilities' upper and lower reservoir systems.

Noank lawyer William Kroll is representing the Merritt family pro bono in the family's effort to sell its property to GOSA, Mrs. Pratt noted. She expressed GOSA's appreciation for Mr. Kroll's efforts, as well as for those of Attorneys Mark Kepple and Anne Hatfield, of Stonington, who are helping defend GOSA in the Great Brook case.

GOSA director Joan Smith argued strongly for protection of the Watrous property, noting that the property is host to two Class A streams, two outstandingly productive vernal pools and rare and sensitive bird and aquatic life. She said the proposed zoning change to allow Active Senior Housing could be used by the would-be Four Winds developer to justify a new plan in the event that GOSA's zoning appeal of the current project is upheld.

Featured speaker of the evening meeting was Denise Poyer, a director of the Wood-Pawcatuck Watershed Association, of Rhode Island. Ms. Poyer used a physical model to provide strikingly clear visual illustrations of normally hidden underground water movements that affect water quality of wells and streams.

The annual meeting re-elected Mrs. Pratt as president, Ms. Cerf as treasurer, and Lorraine Santangelo as secretary. Charles Kroll and Mr. Furlong were re-elected to three-year terms as directors.

NEW LONDON--Groton Open Space Association appealed to the Superior Court Oct. 14, 2004, the Town of Groton Planning Commission's approval of the site plan for a 147-unit "residential life care community" proposed for the Watrous property on Noank-Ledyard Road. GOSA contends the commission failed to perform an adequate review of environmental and zoning aspects of the project. (See story immediately below for background.)

GROTON--At a contentious hearing, the Town of Groton Planning Commission gave unanimous approval Sept. 28, 2004, to a site plan for a 147-unit "residential life care community" proposed for the Watrous property on Noank-Ledyard Road by Massachusetts developer Ron Bonvie.

The vote was 5-0, with no abstentions. The Planning endorsement followed approvals by the Zoning Commission in a split 3-2 decision and the Inland Wetlands Agency (IWA) in a 4-1 vote.

Work on the project by Mystic Active Adult LLC cannot begin, however, because GOSA has lodged appeals with the Superior Court of both the IWA and Zoning Commission approvals. Mr. Bonvie, who heads Mystic Active Adult, is developer of the Southport adult community in Mashpee, MA.

At the Sept. 28 hearing, GOSA pointed out that, among other things:

--The Watrous property was recommended more than two years ago by the Town of Groton Conservation Commission for preservation as open space, and the state Department of Environmental Protection earlier this month listed the site as a candidate for acquisition under its Natural Heritage Trust Program.

--The proposed development on 105 acres of the 160-acre Watrous tract threatens the property's several documented historic sites and rich biological resources, including one of the most productive vernal pools in New England, a White Cedar swamp, and threatened animal species. GOSA recommended as alternatives either acquisition or a less intensive development that would eliminate the large "Wetlands Crossing A."

--The planned gated project is out of character with the community, and the backers' claim to offer "residential life care" is empty.

--Despite appearances, Groton's supply of fully protected open space is very small, and public support for open space is growing rapidly as new housing claims more and more acreage.

Groton's director of planning and development, Michael Murphy, strongly recommended approval of the site plan. He dismissed the state's written notice of its interest in saving the site as a "form letter" that was given "much too much" weight. He contended that the plan for construction of the "residential life care community" is a good way to protect the property, which he acknowledged is "significant." The Office of Planning and Development Services (OPDS)said the safest way to save the site's historic resources is to dig them up and transport them to a museum, rather than preserve them in place.

GOSA asked Mr. Murphy whether his Office of Planning and Development Services had informed Mystic Active Adult LLC of the Conservation Commission's recommendation in December, 2001, that the town apply for state funds to acquire the Watrous property. Mystic Active Adult LLC took an option to buy the property March 15, 2002, three months after the recommendations. Mr. Murphy responded with a lengthy history of open space proposals for various properties but did not say whether Mystic Active Adult was told of the recommendation.

Attorney Thomas Londregan for Mystic Active Adult LLC disputed the sequence of the recommendation and option as presented by GOSA, but GOSA submitted land records to the commission documenting its assertions.

Vigorously defending the applicant's plan against GOSA's objections, Mr. Murphy advised the commission not to overstep its authority, saying, "We have to stay within our jurisdictions to protect our positions."

Commission member Peter Roper proposed that approval of the site plan might include provision for access by biologists so they could study the site's astonishingly productive vernal pool. However, Mr. Murphy said:

"It's not the public's vernal pool. It's the applicant's."

The plan approved by the Commission creates a provisional conservation easement along the northern border of the property, but the easement can be extinguished. The easement would be voided if Mystic Active Adult were to win its Superior Court appeal of an IWA decision to block a proposed wetlands crossing ("Crossing C") in that area. Representatives of Mystic Active Adult have said the group may want to extend the development north of the existing property line at some time in the future.

NEW LONDON--A Superior Court judge has turned down an appeal by GOSA and others against a proposed 48-house development on the 75-acre Merritt Property on Fort Hill.

The decision in September, 2004, by Judge D. Michael Hurley upheld approval of the project in February, 2002, by the Town of Groton Planning Commission.

However, the project is not free to proceed because GOSA has a contract, signed April 14, 2003, to buy the property from F.L. Merritt Inc. for $1 million and set it aside as public open space. A developer, Ravenswood Construction LLC of Cheshire, claims to have a valid prior contract to buy the land, though its contract is not signed by Merritt.

Ravenswood has sued Merritt to enforce its asserted contract, and GOSA has joined Merritt voluntarily as a defendant. Merritt has countersued. A pre-trial hearing on the case is scheduled for December.

GOSA and the eight town residents who filed the appeal in March, 2002, haven't said yet whether they will contest Mr. Hurley's decision. The appellants had contended in their appeal, among other things, that the commission failed to consider less environmentally harmful alternatives to the plan, which they said would degrade the Palmer Cove ecosystem by disturbing two watercourses that run from the property into the cove. They said further that the commission didn't enforce subdivision rules on dead-end streets and granted subdivision approval to a corporation, MacPherson-Johnston, whose certificate of incorporation had been revoked. Ravenswood hopes to succeed MacPherson-Johnston as developer.

GROTON--Citizens presented petitions signed by 99 Groton residents asking that the Planning Commission hold a formal public hearing on the site plan of Mystic Active Adult LLC for a "residential life care community" called Four Winds at Mystic on 105 acres of the Watrous property.

The Office of Planning and Development Services (OPDS), a unit of town employees that is charged with providing impartial technical advice to the citizen-run Planning Commission, has said that a formal hearing isn't necessary because the plan previously has been approved by the Zoning Commission. It will be up to the Planning Commission, rather than the OPDS, to decide whether to hold a public hearing.

Petitioners are hopeful that the Planning Commission will decide in favor of a hearing, given the high level of public interest in the Watrous property, which the Conservation Commission has recommended for town acquisition as open space. The petitions were presented at the Planning Commission's meeting Aug. 10, 2004.

The public was given a chance to comment on the Four Winds site plan near the end of the meeting. GOSA notified the commission of GOSA's formal intervenion in the proceeding on environmental grounds under the Connecticut General Statutes. GOSA also outlined reasons for delaying any decision. GOSA said that the commission should await results of an archaeological study of the site ordered by the U.S. Army Corps of Engineers. It also noted that the developer has appealed in Superior Court an Inland Wetlands Agency schedule of Four Winds road closings designed to protect migrating amphibians. Any commission decision should await the outcome of the developer's suit against the town, GOSA argued.

The commission continued its deliberations to Sept. 14 after the developer agreed to an extension of the 65-day limit for a decision.

GROTON--GOSA has proposed basic changes in Groton's planning structure and regulations.

In a citizen's petition delivered at the July 20, 2004, Town Council meeting, GOSA recommended that the town:

--Split the planning and economic development functions, currently contained in one department, into two departments, and firmly and clearly reemphasize the environmental protection aspect of planning.

--Adopt a measure allowing developers to be charged for independent expert advice to land use commissions in evaluating developers' plans.

--Overhaul land use regulations with an eye to making Groton a model of intelligent and environmentally sensitive development. Adopt a policy of preserving environmentally valuable lands for open space.

--Save the 160-acre Watrous property while protecting the property rights of the owner, option holder and other interested parties.

GOSA said the current organizational structure--dating back to 1993--is allowing economic development to trump planning. Two examples of this, it said, are:

1. The town's disregard of a Conservation Commission recommendation in 2001 that the Watrous property be saved as open space. The property now is slated to be developed as a 147-unit condo facility for seniors.

2. Failure of the Office of Planning and Development Services (OPDS) failure to advise developers that a proposed housing project in the Great Brook watershed, to be served by a new sewer line, was in an area designated by the state as non-sewering. The designation is intended to limit development in the area and thus protect the public water supply. Great Brook is the main aqueduct by which water travels from Groton Utilities' upper reservoir to the lower system.

GOSA asserted that these examples reflect a desire to raise tax revenues at the expense of the environment. The town's environment needs a separate steward and advocate, in the form of a planning director who reports independently and directly to the Town Manager and who is evaluated in substantial part on his or her ability to protect the town's biologically valuable lands for future generations, it said.

GOSA urged the town to adopt a regulation similar to Old Saybrook's Ordinance 71, which empowers the town to hire independent experts in such areas as engineering, law, biology, soil science and traffic for evaluating developers' plans, with the developers paying the bills.

GOSA said that at present developers in Groton hire the vast majority of experts, whose findings predictably support the developers. The only other advice comes from experts hired by GOSA, whose financial resources are limited. Partly as a result, public hearings are biased in favor of developers.

Further important necessary actions, GOSA said, are strong town efforts to save the Watrous property and a general overhaul of the town's land use regulations with the aim of making the Groton of 20 to 30 years into the future a model blend of natural and man-made environments.

GOSA's comments came in response to a Council request for specific suggestions for actions to follow up more general remarks from GOSA at the July 6 meeting.

GROTON--Two community events have raised more than $2,800 for GOSA.

On May 29, 2004, GOSA was the beneficiary of a GOSA Community Day held by the Puritan and Genesta Natural Food Store at 2 Holmes St., Mystic. Puritan and Genesta gave GOSA a percentage of most sales for the day.

In addition, GOSA members staffed a table at the store with membership forms, literature and displays, as well as scarfs for dogs and T-shirts for sale. The association realized $200 on sales and memberships and $125 from Puritan and Genesta. GOSA thanks Christine Breeding, owner, for her generous support of GOSA's efforts to obtain and protect land for open space.

A grand sum of $2,505 was raised by a barn and yard sale held July 23-24 at the farm of Roberta Doughty, off Fishtown Road, Mystic. The sale raised $2,203, while the signing of 14 new members and the sale of t-shirts and books at the farm brought in $302. GOSA thanks Mrs. Doughty for her generous support.

The two events combined brought in $2,830.

MASHPEE, MASSACHUSETTS--Unauthorized modifications of the approved building plan for the Southport development on Cape Cod have resulted in a slowdown of new construction, the Mashpee Enterprise newspaper reports.

Southport's president of development and marketing is Ron Bonvie, who has applied to build a "residential life care community" in the Town of Groton, Connecticut, on 105 acres of the 160-acre Watrous property off Noank-Ledyard Road. The Groton Open Space Association has appealed approvals of the project by the town's Inland Wetlands Agency and the Zoning Commission. Mr. Bonvie hasn't revealed his plans, if any, for the remaining 55 acres of the property, but he has an option, dating back to March 15, 2002, to buy them, according to papers on file at the Groton Town Hall.

The Dec. 5, 2003, Mashpee Enterprise article, written by Alan L. Samry, said that the Southport developer had strayed from plans approved by the Mashpee Zoning Board of Appeals. The unapproved variations included construction of a large retaining wall and creation of a pond, in addition to changes in building types and footprints.

The unauthorized alterations caused the town building inspector in August to suspend for two months issuance of occupancy permits. The suspension resulted in a halt to, or significant slowdown of, construction of as many as 40 units that had been under purchase agreement, Mr. Bonvie told the newspaper. At least some of the unauthorized changes have since won ex post facto, "as-built" approval, sources said.

Southport is backed by Emmes Asset Management Co., New York City, the article said. The Southport project ran into severe financial problems in the 1990s, and work was halted for some years, sources said, adding that the situation appears to have turned around. Southport is an "active adult" community that is scheduled to grow to some 750 homes. By mid-2003, it had sold nearly 400 units, according to its promotional literature.

In Groton, the tract of land on which Mr. Bonvie is proposing to build was named Dec. 11, 2001, by the Groton Conservation Commission as property that ought to be acquired by the town and preserved as open space. It possesses, among other attributes, one of the most biologically rich vernal pools in Connecticut.

Mr. Bonvie applied to Groton's Inland Wetlands Agency Feb. 12, 2003, to build the 161-unit "residential life care community." The Wetlands Agency subsequently approved a 147-unit development, while denying one proposed wetlands crossing, but Mr. Bonvie appealed, asking that the crossing be approved.

Groton's Zoning Commission approved a 147-unit plan by a split 3-2 decision.

The Groton Open Space Association and other interested parties have appealed the two approvals, both on grounds of anticipated damage to a property of outstanding environmental value and on grounds that the proposed development is not a true "residential life care community" entitled to the zoning exemptions granted to developments with that status. The appeals of both conservationists and the developer are pending before the New London County Superior Court.

The U.S. Army Corps of Engineers is studying the development proposal because of the Watrous property's wetlands resources.

NEW LONDON--A Superior Court judge granted on Dec. 15, 2003, a motion by F.L. Merritt Inc. to compel an attorney for Ravenswood Construction LLC to answer questions about Ravenswood's courtroom allegations that Merritt acted in bad faith and committed fraud in land negotiations with Ravenswood.

Ravenswood had filed suit April 15, 2003, to prevent F.L. Merritt from selling a 75-acre property atop Fort Hill in Groton to the Groton Open Space Association. GOSA has a signed contract with Merritt, dated April 14, 2003, to buy the land, but Ravenswood argues that Ravenswood had a prior valid purchase agreement.

Judge D. Michael Hurley on Dec. 15 ordered that Ravenswood attorney James Miele answer the questions at a second deposition, which is to be carried out within two weeks. In a previous deposition, on Oct. 16, 2003, Mr. Miele was advised by his attorney, Paul Geraghty, not to reply to questions about the accusations. Mr. Geraghty had objected to the questions, saying they had "nothing to do with the underlying merits of this case." However, Merritt Attorney William Kroll contended that the questions not only were relevant but had to be answered at the deposition because Ravenswood had agreed prior to the deposition that objections, except as to form, would be reserved for the time of trial.

Mr. Geraghty had made the accusations of bad faith and fraud May 27, 2003, at a hearing before Judge Hurley on Merritt's motion for a summary judgment against Ravenswood. Mr. Miele was sitting next to Mr. Geraghty at the table for Ravenswood's lawyers when the accusations were made. Mr. Miele at the time was acting both as a lawyer and a witness for Ravenswood. He sat silent while Mr. Geraghty raised the issues of bad faith and fraud. The accusations appeared to form the basis for Judge Hurley's dismissal of the motion.

Mr. Geraghty again charged bad faith Dec. 8, 2003, at a Superior Court hearing on a second Merritt motion for summary judgment, which also was dismissed, by Judge Elaine Gordon, who said the case involves still-unclear issues.

At the Dec. 15 hearing, Merritt's attorney, Mr. Kroll, argued that Merritt has the right to get its questions about the accusations answered because Mr. Geraghty has persisted in making the accusations in court, even though he has separately contended that they are irrelevant to the underlying issues of the case. Judge Hurley denied Merritt's request that Ravenswood pay costs of the second deposition. Judge Hurley earlier had told Mr. Geraghty that the questions needed to be answered and that the court would decide whether the answers were relevant.

NORWICH--The Groton Open Space Association has submitted a brief supporting its appeal of the Groton Planning Commission's Feb. 19, 2002, decision to allow 48 houses to be built on the 75-acre Merritt property on Fort Hill in Groton. The brief, to the New London Superior Court branch in Norwich, is dated Nov. 26, 2003.

GOSA had appealed on March 7, 2002. The appeal process has been delayed in the courts since then. The delay has been caused in part by tumultuous developments surrounding the property.

MacPherson-Johnston, the original would-be developer, let lapse its contract with F.L. Merritt Inc., the property owner, in 2002. GOSA and Merritt signed a contract April 14, 2003, for GOSA to buy the property for $1 million. Ravenswood Construction LLC then blocked the sale, asserting in a suit dated April 15, 2003, that it has a de facto contract with Merritt to buy. Ravenswood and Mystic Estates Partners, the latter a successor to MacPherson-Johnston, filed a SLAPP suit June 5, 2003, against GOSA and nine individuals, alleging tortious interference with what it said was its planned purchase. They withdrew the SLAPP suit July 11, 2003, when threatened with a countersuit.

In the brief, GOSA and individuals supporting the appeal make five main arguments:

--That MacPherson-Johnston was not a corporation, as it claimed to be, and had no legal interest in the Merritt property when it filed application to develop the property and when it received approval for the houses.

--The Planning Commission erred in giving the applicant permission to reduce its plan by 4 building lots (from the originally applied-for 52 to the finally approved 48) without insisting on seeing the reduced plan.

--The commission impermissibly delegated too many details and conditions to the staff of the Office of Planning and Development Services (OPDS).

--The approved plan failed to satisfy several subdivision regulations, including those limiting the number of building lots allowed on dead-end streets.

--The commission didn't consider reasonable and prudent alternatives to the developers' plan before finding that the plan would not pollute or impair the environment.

In a separate development regarding the Merritt property, a Superior Court judge in New London on Dec. 8 denied F.L. Merritt Inc.'s second motion for a summary judgment against Ravenswood's suit blocking the sale. Paul M. Geraghty, attorney for Ravenswood, asked Judge Elaine Gordon to assess legal costs against GOSA, but the judge turned down the request.

The next pre-trial development in the case was expected to take place Dec. 15, when F.L. Merritt Atty. William Kroll argues in Superior Court, New London, for sanctions against Geraghty and James Miele, another Ravenswood attorney, in connection with their conduct at a deposition by Merritt and GOSA of Miele Oct. 16, 2003.

GROTON--The Downes-Patterson Corp. has presented a revised concept for the Great Brook subdivision north of Route 184. The original plan was withdrawn because of the state's objections to sewers at the proposed site.(See story directly below this one.)

The new idea, presented Dec. 4 to a meeting of the Planning Commission, envisions 63 houses, each with its own individual septic system. The road layout would be little changed from that of the now-withdrawn original plan, which had foreseen 104 houses. The concept, not yet developed into a full plan, was presented to the commission by Atty. Timothy Bates and by Clinton S. Brown, a principal of DiCesare-Bentley Engineers Inc., the Groton-based engineering company. Mr. Brown is a former member of the Groton Planning Department staff and is a former director of planning for the Town of Waterford, according to the DiCesare-Bentley website (www.dbengineers.com).

In the commission's discussion of the plan, the only member of the panel to raise the question of potential impacts of the altered plan on Groton's reservoirs of drinking water was Michael Kane. It is potential drinking water impacts of heavy development that caused the state to designate the area involved as off-limits to sewers, which tend to promote building of further new houses. Great Brook is a stream that flows into Groton's reservoir system.

The new idea will be presented next to the Inland Wetlands Agency.

GROTON--The Downes-Patterson Corp. has withdrawn its original plan for the Great Brook subdivision north of Route 184 and now plans to submit a new concept for the project, which is located on a tract of land that the State Department of Environmental Protection has designated as a non-sewering area in order to discourage development.

The withdrawal and notice of redesign of the project were submitted to the Planning Commission Nov. 25, 2003, in two separate letters from New London Attorney Timothy D. Bates, representing the developer.

The original plan called for 104 houses closely clustered and served by a sewer system. "Our client has re-designed this plan on a non-cluster basis and wishes to review the concept with you," the letter from Mr. Bates said. "We look forward to meeting with you at your earliest convenience." The plan is scheduled to be discussed with the commission at its next meeting, Dec. 4.

The land proposed for the project is located in the watershed of Great Brook, which feeds into the Groton Reservoir system. The state has recommended that because of its importance to the region's drinking water supply the area be kept free of sewers, which tend to promote further development.

HOPKINTON, RHODE ISLAND--The Hopkinton Land Trust is proposing a $5 million bond issue for acquiring 1,000 acres of open space to prevent it from being broken up by residential developers. The trust argues, based on recently developed figures, that new residential subdivisions cost the town far more than they generate in property tax revenues. .

The Westerly Sun reported that Land Trust member W. Edward Wood presented the new cost-revenue figures to the Town Council meeting Nov. 24, 2003. The figures, contained in a study by a University of Rhode Island researcher, indicates that each new home gives rise to 1.27 students in the town's school system. The study by Ariana E. Johnson, a graduate student in URI's Department of Community Planning and Landscape Architecture, said the town spends $6,330 a year for each student, while taking in only $2,983 in property taxes for each new home.

The study used a 14-lot subdivision built in 1996 as an example and showed that by the year 2000 the municipal costs to service the development were $60,000, compared to revenues of just $40,000. Wood said that Hopkinton's closeness to I-95, its relatively low land prices and its 191 undeveloped parcels of more than 20 acres make it vulnerable to future residential development, the Sun report by Ryan McBride said. The town now has 3,600 acres, or 12% of its total area, designated as permanent open space, while 3,300 acres have temporary protection under the Farm Forest Open Space program.

Groton, Connecticut, is in a similar position, proportionally. Approximately 11% of Groton's total 20,300 acres is solidly preserved as open space by the state, the town or private land trusts, according to an analysis presented to the Groton Town Council May 6, 2003, by a GOSA director. Another 10% is temporarily preserved as the golf course, cemeteries, public water supply watershed and open area around public facilities.

GROTON--The Planning Commission has rescheduled to Dec. 4, 2003, the start of its hearing on the proposed 104-lot Great Brook subdivision off Route 184. The hearing originally was to begin Nov. 13.

The rescheduling was announced at the Nov. 13 Planning Commission meeting without public comment. However, the delay is believed connected to doubts as to the feasibility of the subdivision's sewering plan. These doubts were stirred up by a meeting last week between Groton town officials and a representative of the State Department of Environmental Protection.

The talks raised the possibility that if the Town were to permit the development--the site of which is in a sewer-avoidance area of the Groton Sewer Facilities Plan--then the development could imperil some anticipated state financial aid. The possibly endangered aid would be that earmarked for upgrading the Groton waste water treatment plant on Gary Court.

The Great Brook project would be situated in the watershed of Great Brook, which feeds into the City of Groton drinking water reservoir system.

Similar concerns about possible loss of state funding were raised Nov. 13 at the Planning Commission's hearing on the proposed 22-lot Woods Walk subdivision on Pleasant Valley Road North. After discussion, the commission continued the Woods Walk hearing, also to Dec. 4.

NEW LONDON--A recent deposition for the New London Superior Court has helped clarify the composition of Mystic Estates Partners, one of two companies that launched an abortive SLAPP suit against GOSA and nine individuals June 5, 2003.

The deposition indicates that a prominent Groton businessman, William H. Bentley, is associated with Mystic Estates Partners.

"SLAPP suit" is a term used by critics of such suits. It stands for "Strategic Litigation Against Public Participation." Critics hold that these court actions are designed to intimidate and silence citizens who exercise their legal, democratic rights to oppose developers' plans in public forums.

The SLAPP suit against GOSA was brought jointly by Mystic Estates Partners and by Ravenswood Construction LLC. The latter is part of a well known Cheshire construction group founded in 1963 by Dick Fiske (www.ravenswoodhomes.net). His son, Dean B. Fiske, now is described as head of Ravenswood Construction LLC in the Connecticut Secretary of State's Concord online business registry.

Prior to the deposition, the makeup of Mystic Estates Partners had been less transparent than that of Ravenswood. Mystic Estates Partners isn't listed in the online Concord registry. Clerks of the Town of Groton and City of New London were unable to provide information on its composition. The SLAPP suit lists the address of Mystic Estates Partners as the New London law office of Andrews, Young & Geraghty, P.C., and the suit was signed by Paul M. Geraghty, an attorney with that law firm.(The suit was dropped by Ravenswood and Mystic Estates Partners July 11, 2003, after GOSA and the nine individuals, represented by Attorney Paulann Sheets, threatened to sue the plaintiffs.)

On Oct. 16, 2003, Attorney William Kroll and Attorney Sheets deposed Attorney James Miele, a lawyer representing Ravenswood Construction LLC. Excerpts below are from the official transcript of the deposition, which was conducted at the office of Andrews, Young & Geraghty. Mr. Geraghty acted as attorney for Mr. Miele at the deposition.

The deposition was taken in connection with a separate suit by Ravenswood seeking to prevent F.L. Merritt Inc. from selling a 75-acre property on Fort Hill to GOSA. (The SLAPP suit had alleged that the defendants interfered with the plans of Mystic Estates Partners and Ravenswood to develop the property.) Mystic Estates is a successor to MacPherson-Johnston Corp., of Rhode Island, which was the original applicant to build a housing development on the property. DiCesare-Bentley Engineers Inc., a Groton company, did preliminary engineering work for the project.

The "William Bentley" referred to in the excerpts is William H. Bentley, a principal of DiCesare-Bentley (www.dbengineers.com), though the transcript indicates that his involvement is separate from DiCesare-Bentley.

****

Q. [from Mr. Kroll, representing F.L. Merritt] And who were the principals in Mystic Estates Partners?

THE WITNESS [Mr. Miele]: In Mystic Estates Partners?

MR. KROLL: That's correct.

MR. GERAGHTY [to Mr. Miele]: If you know.

A. I believe that it's William Bentley and David Johnston but I am not sure.

****

Later, Ms. Sheets, for GOSA, took up the questioning.

****

Q. ...Do you happen to know the nature of the ownership interest that William Bentley has in Mystic Estates?

A. I believe he is the principal of an LLC [limited liability company] that has -- that is a member or a partner, whatever it is.

MR. GERAGHTY: ...I think there is an issue there distinguishing between William Bentley, who may be, may have an interest in one of the investors in the property and the fact that DiCesare-Bentley Engineers, Incorporated may have performed technical services for the project. I think those are two different [things]

...

Q. Is DiCesare-Bentley a member of Mystic Estate[s] Partners to your knowledge?

A. [Mr. Miele] Not to my knowledge.

****

The significance of these exchanges is that the Groton businessman, Mr. Bentley, had not identified himself or otherwise been identified publicly with the company that co-launched the SLAPP suit against GOSA and the individuals who had appealed the Groton Planning Commission's split decision to permit a large housing project to be built on the ecologically sensitive Merritt Property.

In connection with this website news report, GOSA asked Mr. Bentley Oct. 28 in a telephone conversation to comment on the testimony indicating that he has a financial interest in Mystic Estates Partners. He said any comment would have to come from his lawyer, Jim Young, of the firm of Andrews, Young & Geraghty. GOSA then left a voice mail message for Mr. Young after being informed by a firm representative that Mr. Young was on another telephone line.

As of this posting, more than 28 hours after the voice mail message was left, Mr. Young hadn't replied with a phone call or an e-mail to the address provided in the voice mail message.

GROTON--An apparent residential building boom in Groton has prompted the Groton Open Space Association to ask that the Office of Planning and Development Services (OPDS) prepare a monthly report on the number of dwellings that would be constructed under residential building permit applications filed during the preceding month.

The department would deliver the report to the Town Council and make it available to interested town citizens. GOSA's proposal initially was made to the Town Council last month and later was directed to Town Manager Mark Oefinger Nov. 7, 2003. Mr. Oefinger said he would relay the request to the OPDS.

The following is a slightly edited version of GOSA's request to the Town Council and Mr. Oefinger.

Based on what we see around us and read in the newspapers, Groton is facing a wave of residential development. Here's a brief rundown of developments we're aware of:

On Drozdyk Drive, a 342-unit multi-family complex is being constructed. Mystic Run on Allyn Street comprises 44 units. The housing subdivision on Cow Hill Road is slated for 45 units.

Applications have been received for developments called Mystic Weigh (sic), Great Brook, Four Winds, Woods Walk, Haley Brook, Col. Ledyard Estates and Ice House. GOSA has signed a $1 million contract to buy the Merritt Property with the help of a $650,000 state grant and preserve the land in its naural state, but GOSA is being opposed in court by a group that wants to build 48 houses there in a development called Mystic Estates. Total dwelling units in these 11 developments, both under construction and in applications, is 1,034 (see footnote). The list is unofficial and undoubtedly omits a lot of activity.

Big developers are interested in this area. They include the nationally known Toll Brothers and Pulte. In fact, Pulte was a major builder of houses in the Crosswinds development. The Cheshire-based Ravenswood Construction, active in many parts of Connecticut, wants to acquire the Merritt property.

This wave of development, which promises to get bigger, has the power to change our community. It will strongly increase demand for services, including education, water, sewer, roads, police, fire protection, and social needs. It will raise costs beyond the property tax revenues it produces. Development will consume much of our open space.

However one feels about the change that is coming our way, citizens and officials need better information on what's happening. We need a frequently updated overview, not just the unconnected bits and pieces that appare in the small print of The Day's legal announcements.

Therefore, GOSA proposes that the OPDS begin monthly reports on planned residential development. These should be given to the Council and interested citizens. The first report, covering December and the full 2003 year, would come out in January, 2004. Each monthly report would contain:

1. the total number of new dwelling units that would be built in the Town of Groton under applications received in the preceding month.

2. the cumulative number of units applied for in the year to date.

3. comparison figures from 2003 and 2002 to show trends. These figures could represent the actual number of applications in the comparable periods of those years. Or, if that would be too difficult to dig out of the records, then the OPDS could use the average figures for these years. The average monthly figure would be the year's total divided by 12, with the cumulative numbers being multiples of the one-month average.

4. a one-paragraph, highlight-type discussion generally describing the most significant developments and reporting what type of development predominated during the month.

Some developments require multiple applications. Only one application per dvelopment--the first one filed--would be counted in the statistics. The numbers would cover all new dwelling units--from single apartments and houses to big condos. If applications later were denied in whole or part, cumulative and average totals would be revised, with a footnote very briefly explaining the revision.

Footnote:

Unofficial numbers of dwelling units, by development:

Drozdyk Drive 342

Haley Brook 184

Four Winds 147

Great Brook 104

Mystic Weigh 76

Mystic Estates 48

Cow Hill Road 45

Mystic Run 44

Woods Walk 22

Col. Ledyard Estates 15

Ice House 7

Total: 1,034

GROTON--The Groton Open Space Association has officially intervened as a party in two town reviews of a proposal to build 104 houses north of Route 184 and west of Gales Ferry Road--a development known as Great Brook.

GOSA said it was intervening pursuant to Section 22a-19 of the Connecticut General Statutes and the Provisions of the Environmental Protection Act of 1971 because it believes the subdivision is "reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of Connecticut."

The intervention applies to reviews of the project by the Inland Wetlands Agency and the Planning Commission. The IWA is nearing the end of its review, while the Planning Commission is to start its review shortly.

The Oct. 21, 2003, notice of intervention filed by GOSA says that:

--The proposed subdivision and the proposed sewer line extension that would serve it are located in the Town of Groton Water Resource Protection District, "which means the land affected by them drains into the watershed of the Groton public drinking water supply." There are six identified wetlands and five vernal pools located either on the 125 acre parcel or on the 17 acres affected by the sewer line extension. Wood frogs and salamanders, generally declining in Connecticut under the impact of development, are among wildlife in the area.

--The subdivision and sewer crossing over two tributaries of a Groton drinking water reservoir lie within a major "sewer avoidance" area shown in the Groton Sewer Facilities Plan revised last June 3.

--The building site is within the "preservation" and "conservation" areas designated by the State Plan of Conservation and Development and within the "significant conservation" and "Important conservation" areas of Groton's Plan of Conservation and Development.

--The project would subject the water of the reservoir to pollution from herbicides, insecticides and hydrocarbons running off from houses, roads and driveways in the subdivision and entering Great Brook.

GROTON--Citizens' concerns about protecting wetlands and drinking water, maintaining open space and saving Connecticut's dwindling farmland dominated a public forum held by the state's Council on Environmental Quality Oct. 22, 2003.

The forum, at the Groton Public Library, was staged to allow citizens to go on record with observations and suggestions about the status of the area's environment. The CEQ advises the governor and legislature on environmental matters.

Duncan Schweitzer, a civil engineer who frequently advises GOSA on a pro bono basis, told the council that the state provides little support to the non-specialist volunteers who serve on town land-use bodies. He said that opposition to developers' plans frequently falls to citizens' groups, who then must spend heavily to present expert evidence to land bodies. He complained that state guidance on protecting wetlands is hard to find and, when finally located, often amounts to "Pablum." He urged that scientific expertise be offered on the state's website, along with information on crucial legal decisions and on the number of building permits issued.

Sidney Van Zandt, a GOSA director, noted that the organization spends "thousands of dollars" on experts. "Why should citizens have to spend money to save land?" she asked. "Why not the town?"

Paulann Sheets, an environmental lawyer who represents GOSA pro bono, urged modification of "automatic approval" rules that limit the time that planning and zoning bodies have to make decisions. She also asked for changes in rules that impose de facto time limits on inland wetlands agencies. She said such rules--together with advice by town lawyers to land-use bodies to avoid lawsuits--bias the system in favor of developers. She also suggested that drinking water be better protected through adoption of strict limits both on development near reservoirs and on abandonment of land by water companies. She said that 18 Connecticut reservoirs have been abandonned in the last 10 years, as the surrounding land has appreciated in value and as getting top value on investment has become the "name of the game" for companies.

Ms. Sheets noted that developers had sued GOSA over its effort to save the Merritt property, and told the council that the suit, dropped quickly last summer in the face of a threatened countersuit, was evidence of a serious local struggle between builders and conservationists.

Molly McKay, chairman of transportion for Connecticut of the Sierra Club, expressed opposition on environmental grounds to the proposed eight-mile extension of Route 11, which currently terminates in Salem, to Route 95. She estimated that the extension, which would require a three-level, 70-foot-high interchange at the junction with I-95, would cost some $900 million. The huge cost of the road, she said, would leave no money for the big green buffer along the highway that some supporters have proposed.

Alicia Betty, of the Trust for Public Land, asked that the state include funds "at significant levels" for acquiring open space in the bonding package. The open space program was suspended after this year's April round of awards as a result of the state's financial crunch. "Once it's gone, it's lost forever," she said, referring to open space consumed by development.

Council Chairman Donal C. O'Brien Jr. commented that "the biggest issue we've heard over 30 years is open space." Mr. O'Brien is a former chairman of the National Audubon Society and a retired partner in the law firm of Milbank, Tweed, Hadley & McCloy. He has won several national competitions for bird carvings.

Donald Francis of Brooklyn, CT, of the Working Lands Alliance, urged support for the Purchase of Development Rights program that ensures farmland remains undeveloped while allowing farmers to continue to work it. Mr. Francis, who said he had milked cows that morning in Brooklyn before driving to Groton, said that farmland in Connecticut is disappearing at a rate of 8,000 acres a year.

State Senator Catherine Cook, R-Mystic, expressed concern that the number of farms in her district has fallen to 22 from 45. She said that urban legislators tend to have more clout in the legislature because they represent more populous areas. She said that ways need to be found to link aid for urban projects, like the remediation of brown fields, to money for protecting farms.

Regarding open space, she asked, "How do we ensure that landowners get value from keeping space green?" She said that the costs of land preservation need to be shared regionally, rather than carried solely by individual towns.

NOANK--GOSA President Priscilla Pratt singled out Haley Farm, the Merritt and Watrous properties, the proposed Great Brook development and creation of a Town of Groton open space fund as focuses of GOSA's current efforts when she addressed the organization's annual meeting.

The meeting on Oct. 16, 2003, reelected Ms. Pratt as president and elected two new members to the board of directors, Sidney Van Zandt and Genevieve Cerf. Ms. Van Zandt, who had served as GOSA's first president, has been active in GOSA since moving back to the area in recent years. Ms. Cerf, a systems analyst who holds a PhD in electrical engineering from Columbia University, will serve as the organization's new treasurer, succeeding Omar Allvord, who remains a director. Lorraine Santangello was elected secretary, to succeed Charles Kroll, who stays on the board.

Ms. Pratt thanked GOSA's two pro bono lawyers, Paulann Sheets and William Kroll, and two other members of the GOSA legal team, William Hescock and Richard Dixon. She expressed gratitude to Duncan Schweitzer, a civil engineer who has advised GOSA extensively on a pro bono basis; to Cheshire-based soil scientist Sigrun Gadwa, who has worked for GOSA on a discounted basis; and farmer Thomas Crowley, who mows the fields at Haley Farm annually for a fee that has not been raised in 16 or 17 years.

She also paid tribute to Groton Councilor Elissa Wright for backing the Conservation Commission's recommendation for a Town open space fund. Ms. Pratt complimented the Mystic River Press for excellent environmental coverage and expressed appreciation for The Day's editorial hailing GOSA's legal victory this summer over would-be Merritt property developers who had attempted to intimidate GOSA with a SLAPP lawsuit.

In discussing issues facing GOSA, Ms. Pratt said the GOSA-financed mowing of Haley Farm had become especially important now, because the financially strapped state has downgraded Haley Farm to a "natural area" from a state park. GOSA has appealed for funds to help pay for the mowing because current low bank interest rates fail to generate enough cash to cover the charges. Ms. Pratt also reviewed GOSA actions aimed at saving the Merritt and Watrous properties, heading off a threat to the area's drinking water in the form of the proposed Great Brook development, and creating a town open space fund. (Details on these efforts can be found in news stories below.)

Following the business meeting, Maggie Jones, executive director of the Pequotsepos Nature Center, gave a talk, supplemented by slides, on less-well known animals found in eastern Connecticut and on the environments that support them. She said that modern conservation efforts stress linking open spaces to form connected environments. She said that although New England is heavily forested, fragmentation of the forests by roads and other development threatens wildlife. Among the less-known species that inhabit this area in varying numbers, she said, are: fishers, a form of weasel that eats squirrels; occasional black bears; 15 species of warbler; ovenbirds; whipporwills; nuthatches; grossbeaks; wood turtles; river otter (sometimes mistaken for seals); screech owls; short- and long-tailed weasels (called ermine when they turn white in winter) and indigo buntings. The Connecticut environments that nuture these and other species include vernal pools; oak-hickory forests; borderlands covering both forest and marsh; brooks and rocky ledge areas, she said.

GROTON--The Groton Open Space Association has asked that the town's Inland Wetlands Agency withhold a decision on an application to build the Great Brook Subdivision until more information has been gathered on the project, which GOSA said represents a potential threat to the quality of drinking water from the Groton reservoir system.

GOSA told the agency Oct. 8, 2003, that the 104-house subdivision north of Gold Star Highway and west of Gales Ferry Road impacts an area designated by the state and by Groton as desirable for open space protection. The area has been seen by both entities as an important part of a greenbelt system and as a significant watershed.

A GOSA statement prepared by Director Joan Smith and read by Director Marcia Young quoted an engineering study of the Great Brook project by the firm of Fuss and O'Neil as stating it appears that "sewering these new homes would conflict with the State C&D [Conservation and Development] plan." The study said, "One of the key reasons the C&D plan does not support sewering in Conservation areas is to prevent the non-point source impacts that generally accompany increased density of development that often results from having sewer service available." Non-point pollution is multi-sourced pollution that can include such items as lawn fertilizer and insecticides; oil, salt and chemical runoff from roads; and pet waste.

The Groton reservoir system would be an important component of a proposed regional water distribution system.

In addition to promoting non-point pollution by encouraging development, GOSA said, the off-site sewer line would include crossings of Hempstead Brook and Great Brook, both tributaries to Groton's reservoir system. The proposed subdivision also is located near the Ledyard Reservoir.

GOSA recommended that the Inland Wetlands Agency hold off any decision until the project can be studied by the U.S. Army Corps of Engineers, the Connecticut State Department of Environmental protection, and the U.S. Environmental Protection Agency.

"If the applicant denies allowing an extension [of the IWA process] to permit time for these studies, then GOSA suggests that the IWA deny a permit without prejudice, until such time as the necessary information becomes available," the statement said.

The IWA will continue its hearing on the application Oct. 22.

HARTFORD--The Supreme Court has ruled that the authority of the Wilton Inland Wetlands Commission does not include protection of the spotted salamander, the Hartford Courant reported Oct. 4, 2003.

The newspaper said that the unanimous decision, welcomed by developers, explicitly states that "such agencies have no juridiction over wildlife and the protection of species that may use wetlands at some point during their lives."

"We conclude, therefore, that the [Inland Wetlands] Act protects the physical charateristics of wetlands and watercourses and not the wildlife," the newspaper quoted Justice Christine Vertefeuille as writing.

Attorney General Richard Blumenthal, who had intervened in the case for the Department of Environmental Protection, said:

"We felt strongly that the inland wetlands protection should cover species that are dependent on these natural resources for large parts of their life cycles." He said the decision marked a "sad day for environmental protection" and added he hopes the legislature will recast the law.

The decision came in connection with a project of AvalonBay that included a recreational area in the wetlands buffer zone.

In the at least temporary absence of state authority to protect wetlands wildlife and in the probable rush of developers to take advantage of the vaccuum, it appeared likely that environmenalists increasingly will seek the help of the U.S. Army Corps of Engineers.

NEW LONDON--The Groton Open Space Association has filed a motion to join F.L. Merritt Inc. as a defendant in a suit filed against Merritt by Ravenswood Construction LLC, a developer based in Cheshire, CT. The motion by GOSA Atty. Paulann Sheets was granted in New London Superior Court Monday morning, Sept. 29, 2003, after Paul Geraghty, attorney representing Ravenswood, said he wouldn't oppose it.

As previously reported, Ravenswood has sued seeking to compel Merritt to sell to Ravenswood a 75-acre tract of land on Fort Hill in the Town of Groton. Last April 14, GOSA and Merritt signed a contract for Merritt to sell the tract to GOSA for $1 million.

Ravenswood doesn't claim to have a signed contract but has put forward an argument that it in effect has a contract. In June, the Cheshire-based developer filed a "SLAPP" suit against GOSA and nine individuals who had appealed the Groton Planning Commission's approval of a 48-house subdivision on the Merritt Property. Ravenswood withdrew the action after being threatened with a countersuit by GOSA Attorney Paulann Sheets. SLAPP is a derogatory term for such suits, aimed at citizens who oppose developers.

SLAPP stands for Strategic Litigation Against Public Participation.

GROTON--The U.S. Army Corps of Engineers is planning to study the Watrous property, where Massachusetts developer Ron Bonvie wants to build a 161-unit "Residential Life Care Community" called Four Winds on 105 acres, the Mystic River Press reported in its Sept. 25, 2003 edition.

Stephen DiLorenzo, a Concord, MA-based senior project manager for the Corps, said:

"I saw a report by [soil scientist] Rich Snarski and there's supposed to be one of the best vernal pools he's ever seen on the site."

Two days after walking the Watrous property Sept. 29, Mr. DiLorenzo said the developers will be required to make a formal submittal to the Corps for a so-called 404 permit and will need to obtain an individual water quality certification from the Connecticut Department of Environmental Protection. He said the new requirements follow discussions with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the DEP.

Mr. Bonvie has won approvals from the Groton Zoning Board and the Inland Wetlands Agency for a 147-unit development, primarily for people 55 and over. However, he has appealed the Wetlands Agency decision over restrictions on the project that, among other things, cut the number of units from the originally proposed 161. The Groton Open Space Association has appealed both the Inland Wetlands Agency and Zoning Board decisions on environmental grounds.

The Corps of Engineers was informed of the building plans by GOSA and by a Bel-Aire neighbor of the Watrous property who is not formally associated with GOSA.

The MRP article, by Nicole Souza, reported that typically projects that involve disturbing less than 5,000 square feet of wetlands are not reportable to the Corps of Engineers. However, the weekly newspaper quoted Mr. DiLorenzo as saying it didn't appear that the developer would come in under the limit because the amount planned and approved would total 4,877 square feet. Another factor influencing his decision to take closer look is a "wetlands complex unique to Connecticut," the MRP quoted him as saying.

Mr. DiLorenzo scheduled a site walk for Sept. 29. He also said he has notified developers of a planned new subdivision, Mystic Weigh, to the south of Four Winds, that their project falls within Army Corps jurisdiction under the Clean Water Act and the Rivers and Harbors Act. Fears have been expressed by environmentalists that roads eventually could connect Mystic Weigh with Four Winds and that Four Winds could be extended to 75 recently rezoned (industrial to residential) acres to the north. In addition, Mr. Bonvie has an option on a total of 160 acres of Watrous property. Plans for the 55 acres not touched by the current Four Winds project haven't been revealed.

A second MRP story reported that GOSA members have alerted the Corps of Engineers to a sewer pipeline that would cross tributaries to the areas's drinking water supply. The pipeline would be constructed along Gold Star Highway for the proposed Great Brook subdivision, a 104-lot development on a 125-acre parcel west of Gales Ferry Road and North of Daboll Road.

The MRP article said, "Sewer line crossings planned at Great Brook and Hempstead Brook are a source of controversy because both serve as tributaries to the Poquonnock Reservoir..."

GROTON--GOSA is appealing the Town of Groton Zoning Commission's split decision to approve a 147-unit "Residential Life Care Community" to be built on 105 acres of the 160-acre Watrous property.

As previously reported, GOSA also has appealed the Inland Wetlands Agency's approval of the same project, proposed by Mystic Active Adult LLC, an organization headed by Mashpee, MA developer Ron Bonvie.

The zoning appeal, dated Sept. 8, 2003, has a return date of Oct. 14 in Superior Court, New London. Plaintiffs, in addition to GOSA itself, comprise two of its board members and eight abutters of the Watrous property on Noank-Ledyard Road.

The appeal states that the project doesn't meet town and state criteria required for an exemption from the half-acre zoning prescribed for the area. It says that Four Winds lacks the affordability, medical care and meals support that would allow residents to "age in place," a requirement for Residential Life Care Communities.

The appeal charges that "the decision of the Commission was arbitrarily and unlawfully predetermined by the biased advocacy of the [Town] Planning Officer at the hearing." It said the officer "diverged from his role and duty as objective advisor and [misstated]...the 2002 Plan of Conservation and Development as not identifying this property as worthy of protection, ignoring the Conservation Commission's Dec. 11, 2001 recommendation to the Town that it acquire this very property and preserve it from development..."

The plaintiffs also said that the project would result in unreasonable disturbance and fragmentation of highly significant woodland habitat, creation of at least 20 acres of impervious surfaces that will lead to erosion, and runoff damage to wetlands, Eccleston Brook, Fishtown Brook and Palmer Cove.

GROTON--Town Councilor Elissa Wright's proposals to establish funds to help save some of Groton's open space and remaining farmland were turned back, at least temporarily, by a 5-4 vote of the Town Council Sept. 9, 2003.

Voting against the proposal on open space were Mayor Frank O'Beirne Jr., and Councilors Dolores E. Hauber, Catherine Kolnaski, Jackie Massett and Jeffery Vary. Voting in favor were Councilors Wright, Thomas J. Skrmetti, John C. Wirzbicki and Harry A. Watson. Town Manager Mark Oefinger, who is not a member of the council, spoke in favor of the open space measure.

Mayor O'Beirne expressed doubt about dedicating money to a specific fund for fear of reducing the town's financial flexibility. Ms. Hauber said that while her vote against the open space measure was not to be interpreted as a vote against open space, her priority now was on getting passage of a school rebuilding plan. Ms. Massett dismissed open space as "not even icing on the cake but the decoration that goes on top of the icing..." in current circumstances, according to The Day's account of the meeting. Ms. Kolnaski said she wanted the definition of open space broadened to include active recreational space.

The measures are to be sent to the Environment and Recreation Committee for reformulation, though backers expressed questions about what changes would make the concept acceptable.

The farmland proposal wasn't voted on but was sent back to committee for possible combination with the open space idea.

NORTH STONINGTON--The Day commented editorially Wednesday that a "town meeting in North Stonington [Sept. 8, 2003] has sent a clear message to the town's Planning and Zoning Commission. The people want the town to manage its growth so that development doesn't destroy the community's rural character."

The newspaper continued, "Residents not only supported a proposed new Plan of Conservation and Development, but also asked the Planning and Zoning Commission to reinsert provisions it had stricken from the document for a planning tool known as transfer of development rights [TDR]. These rules would add to the town's toolbox of instruments for managing growth the ability to target new development in already built-up areas of town and to keep it out of rural and picturesque sections."

It said, "The Planning Commission should heed this advice when it makes the final decision next month."

NORTH STONINGTON--Members of the town's Inland Wetlands Commission have sharply criticized a finding by a state team that a proposed subdivision in the area of Billings Lake would cause no significant environmental damage, The Day reported.

An Aug. 31, 2003 article by Dan Pearson quoted members as saying the report containing the finding was "a cut-and-paste job" with "generic verbiage" that failed to enlighten the board on the incremental effects of development around Billings Lake. The report had been prepared by the Eastern Connecticut Environmental Review Team (ERT), a state-funded unit of experts that is supposed to help municipalities evaluate building projects.

The project, proposed by Ledyard developer Mark Coen for 160 acres of land around Billings Lake that now is owned by Ruth Griffin, would comprise 17 homes. The commission said the ERT didn't address adequately the long-term, cumulative effects of residential building at Billings Lake. Commissioners said they believe the 17-home project could be only the first in a series, because Mr. Coen and his partner, Nathan Weiss, have an option on several other tracts currently owned by Ms. Griffin. (The full story can be seen at: www.theday.com Registration required.)

GROTON--The Zoning Commission voted 3-2 on Aug. 13, 2003, to approve an application by Mystic Active Adult LLC to build what the developer described as a "residential life care community" on 105 acres of the Watrous property off Noank Ledyard Road. The project is subject to court action, however. The Groton Open Space Association has appealed to the Superior Court the Inland Wetlands Agency's approval of the project. The developer also has appealed, objecting to some wetlands protections imposed on the project by the Wetlands Agency.

GROTON--Developers have unconditionally withdrawn their SLAPP suit against Groton Open Space Association.

The developers--operating as Mystic Estates Partners of New London and Ravenswood Construction LLC of Cheshire--had received two demands from GOSA's attorney, Paulann H. Sheets, to drop the action or face a suit themselves. The suit against GOSA was formally terminated July 25, 2003. Earlier, the developers had halted proceedings against nine individuals named in the original suit.

Mystic Estates Partners and Ravenswood Construction had alleged in the June 5, 2003, suit that GOSA and the nine individuals abused the legal process and interfered with contractual relationships by appealing, in early 2002, the Groton Planning Commission's approval of a subdivision on the Merritt property. Following the appeal, GOSA learned that the 75-acre property was again on the market. It negotiated with the owner, and signed a contract April 14, 2003, to buy the tract between Fort Hill and Fishtown Road for $1 million.

GOSA intends to name the property The Merritt Family Forest in honor of the selling family.

Commenting on the withdrawal, Priscilla Pratt, GOSA president, said: "This is a great day for citizens everywhere in Connecticut because the plaintiffs correctly saw that they can't sue us just for exercising our democratic legal rights." Ms. Sheets noted that Attorney General Richard Blumenthal and the Connecticut Fund for the Environment had been just a day away from announcing their intention to support GOSA in court when news of the withdrawal reached her.

The term "SLAPP" in connection with developers' suits against citizens who oppose plans in public proceedings is an acronyn for "Strategic Litigation Against Public Participation."

Still unresolved is a suit filed April 15, 2003, by Ravenswood Construction against F.L. Merritt Inc. seeking to prevent Merritt from selling to GOSA. Ravenswood contends that it in effect had a prior contract to buy the property, though it does not claim to be in possession of a signed contract.

Attorney General Blumenthal's office released a statement three days after the withdrawal that said: "We need more, not less, participation by ordinary citizens in decisions affecting their lives and communities. Lawsuits like the one brought against GOSA and nine citizens directly attack citizen involvement...and must be steadfastly fought." The state attorney general added that GOSA received a $650,000 grant from the state Department of Environmental Protection on April 8, 2003, toward purchase of the Merritt property. "This is a striking endorsement of GOSA's view that it should be preserved," the state attorney general said.

Curt Johnson, senior staff attorney for the Connecticut Fund for the Environment, said: "Any party that presents a case as GOSA did, with expert testimony about the environmental impacts of development, has the right to appeal an adverse decision by a land use board. As important as the First Amendment, the Connecticut Environmental Protection Act gives the citizens the power to protect the state's air, land and water. This suit by the developers was an attack on that right, and CFE would have gone to court with GOSA and the attorney general to defend it."

GROTON--The Groton Open Space Association and a would-be developer each have lodged separate appeals against the Town of Groton Inland Wetlands Agency in connection with the IWA's approval of a 147-unit "Residential Life Care Community" on 105 acres of the Watrous property off Noank-Ledyard Road.

GOSA and four individuals, who had acted as intervenors at the hearings, asked in an appeal dated July 13, 2003, that the June 25 IWA decision be declared null and void. The appeal, which takes the form of a lawsuit against the Agency, has a return date of Aug. 19 in Superior Court at New London. A lawsuit is the standard form of appeal against town agency and commission decisions.

The suit by Mystic Active Adult LLC, a would-be developer which was joined in the action by Wolfebrook Development LLC, the land owner, is dated July 14. It has a return date of Aug. 12 in Superior Court, New London. Ron Bonvie of Mashpee, MA, is identified in the suit as a member of Mystic Active Adult LLC, and Stephen Watrous of Warwick, R.I., is identified as a member of Wolfebrook Development LLC.

GOSA and the individuals allege, among other things, that the IWA stipulated conditions that are either without sufficient standards or are unenforceable. The suit also says the IWA failed to consider reasonable alternatives and didn't find that the development wouldn't do unreasonable harm to the environment or destroy public trust in the natural resources of the state.

The plaintiffs in the developer/owner suit are asking that the IWA reverse its decision to disallow proposed wetlands crossing "C" and that the IWA allow the applicant to fill 824 square feet of wetlands associated with the crossing. The disallowing of the crossing entailed the elimination of 12 units from the plan. Two further units were eliminated for other reasons.

Groton's Zoning Commission is weighing the evidence it heard during three hearings on the project. The Town Council's Commitee of the Whole is scheduled to consider at a future meeting a recommendation by the Conservation Commission that the town acquire the Watrous property and preserve it as open space.

GROTON--The Inland Wetlands Agency approved June 25, 2003 a developer's application for a "residential life care community" on approximately 105 acres of the Watrous Property.

The Agency voted 4-1, with Alternate Robert L. Ashworth dissenting, to allow the project, with the provision that one wetlands crossing at the north end of the project (Crossing C) be eliminated, which would reduce the planned 161-unit development by 12 units. Two other units were eliminated for other reasons, leaving 147 approved.

The project still requires approval of the Zoning Commission. The Planning Commission, with responsibility to consider the site plan, won't hold a public hearing, a town employe said. The Town Council's Committee of the Whole has plans to consider a Conservation Commission recommendation that the Watrous Property be preserved.

NEW LONDON--The Groton Open Space Association and nine individuals are targets of a lawsuit by developers seeking to build a subdivision on the 75-acre Merritt Property on Fort Hill in the Town of Groton.

Ravenswood Construction LLC, of Cheshire, and Mystic Estates Partners, New London, are seeking unspecified damages in the suit, which has a return date in Superior Court, New London, of July 1, 2003.

The construction companies accused defendants of abuse of the legal process and interference with the companies' contractual relationships. GOSA had opposed aspects of the proposed "Mystic Estates" development in public hearings and had appealed a split Planning Commission decision approving a 48-lot subdivision. GOSA later learned the Merritt Property was up for sale and ultimately signed a contract to buy it. GOSA has won a $650,000 state grant toward the $1 million purchase price.

Priscilla Pratt, president of GOSA, said the suit--the second filed by Ravenswood since GOSA and F.L. Merritt Inc. signed their purchase-and-sale contract April 14--"is a vexatious nuisance and an obvious attempt at intimidation." The association said it will oppose the suit against it vigorously.

Paulann Sheets, a Groton-based environmental attorney, appearing at the Groton Town Council meeting June 17, 2003, called the Ravenswood-Mystic Estates action a "SLAPP" suit--an acronym standing for Strategic Litigation Against Public Participation. She said the suit "sends a big, scary message to citizens" who exercise their rights to oppose developers' plans.

Ms. Sheets urged the Council to express support for GOSA to make clear to citizens that "it's safe and prudent to appear before town commissions" that are studying proposed building projects. Council member John Wirzbicki said, "I'm very concerned about the SLAPP suit. This kind of activity is just wrong." Council member Jeff Vary agreed with him, and Mayor Frank O'Beirne Jr. said the issue will be discussed before the Council's Committee of the Whole.

Ravenswood earlier had filed a suit, dated April 15, against F.L. Merritt Inc. in an effort to force Merritt to sell to Ravenswood, rather than GOSA.

GROTON--The Town Council agreed at its June 17, 2003, meeting to refer to its Committee of the Whole an 18-month-old official recommendation that the town preserve the Watrous property on Noank-Ledyard Road as open space.

The action, proposed by Councilor Elissa Wright, came after a citizen's petition presentation by Wendy MacFarland, who lives near the property.

Applications to develop 105 acres of the property as the Four Winds at Mystic residential life care community for seniors have been filed with the Zoning Commission and the Inland Wetlands Agency.

Ms. MacFarland said that allowing these applications to enter the approval process before the town deals with the open-space recommendation is "putting the cart before the horse."

The recommendation for preservation was made by Conservation Commission Chairman Brae Rafferty Dec. 11, 2001 in a memo to the Council's Environment & Recreation Committee and hasn't yet been acted upon. The recommendation was for the town to apply for state funds to buy the property.

Mayor Frank O'Beirne Jr. commented that the town currently doesn't have a lot of money for acquiring open space. Ms. MacFarland said later than she was not seeking an immediate purchase, only a written town commitment to buy when sufficient money becomes available at the state and/or town levels.

Ms. MacFarland said the property is an "ecological gem" with a highly productive vernal pool and a white cedar swamp, and is widely regarded as a community asset even though it is privately owned. She said the owner's right to sell would be protected by a town commitment to acquire the property.

GROTON--The Inland Wetlands Agency has approved, with restrictions around a vernal pool, a residential subdivision proposed for the Ice House site on Route 1.

The Agency specified that the eight-lot subdivision requires a minimum 150-foot buffer to the south and east of a vernal pool that is located at the northwest corner of the Ice House property. This compares with the 100-foot minimum offer by the developer during the course of the Wetlands consideration of the application. Consideration began with a site walk March 5, 2003.

The Agency required a margin of 150 feet or 50 feet from the edge of wetlands, whichever distance is greater from the pool.

The expanded buffer could make it difficult to build a house on 0.58-acre Lot 4, adjacent to the tract containing the vernal pool. It also means that "no disturbance" easements protecting the buffer area are required for Lots 2 and 3, which together total 1.24 acres. Under the agency's June 11, 2003 decision, easements on Lots 2,3 and 4 must be designated by conservation markers placed on trees about every 50 feet along the easement lines.

The Mystic Conservancy, a group formed by abutter Karl Goldkamp to oppose aspects of the development, had urged the subdivision be limited to four lots, with buffers for the vernal pool of 400 feet to the southeast and 300 feet to the southwest. The north end of the tract (upland) containing the vernal pool backs onto town-owned open space. The 0.76 acre area with the pool is designated by the developer as the subdivision's open space.

GROTON--The Groton Open Space Association said the proposed Four Winds at Mystic Residential Life Care Community is a zoning misfit with potentially serious impacts on the rare, valuable and delicate ecosystem where developers want to build it.

Joan Smith, a member of the GOSA board of directors, told the Inland Wetlands Agency at a hearing May 14, 2003, that Four Winds "does not meet the requirements for a Residential Life Care Community." Groton zoning regulations allow such communities to be located in zones designated for single-family residences even though they entail greater densities. The property where Four Winds would be located is zoned for half-acre housing.

Ms. Smith said Four Winds falls short of Residential Life Care Community criteria calling for affordability, health care facilities and options to allow--in the words of the zoning regulations--"primarily older citizens to remain in their own neighborhoods through all stages of aging." Ms. Smith holds bachelor's and master's degrees in nursing and has 25 years' experience in the field.

The GOSA director also said:

--Most buildings in the proposed development would be built within 50 to 100 feet of wetland edges.

--The plan fails to take account of the presence on the property of an Atlantic White Cedar Swamp, one of Connecticut's 13 imperiled ecosystems.

--The development would disturb and endanger such amphibian species as marbled and spotted salamanders and wood frogs. She cited an expert finding by Richard Snarski in 2000 that a sampled vernal pool on the property "is a unique and important wetland resource and warrants special protection."

She said Four Winds is likely to "significantly reduce the productivity and wildlife support function of a unique wetland resource, perhaps the most productive group of vernal pools in the state of Connecticut. The applicant has not provided a full range of less intrusive plans. The best alternative is no development and protection as open space," as urged by Groton's Conservation Commission.

NEW LONDON--F.L. Merritt, Inc. filed a motion for a summary judgment in its favor after Ravenswood Construction LLC sued to prevent Merritt from selling 75 acres to the Groton Open Space Association.

(See both UPDATE and earlier stories below.)

The motion, dated May 7, 2003, and filed in New London, said that because Ravenswood doesn't have a signed contract with F.L. Merritt the "defendant is entitled to summary judgment as a matter of law." The Ravenswood suit contained a copy of a "contract" that was signed by Ravenswood but not by F.L. Merritt, Inc.

The case is expected to come up for oral argument later in May.

UPDATE: A Superior Court judge on May 27 denied F.L. Merritt's motion for summary judgment, but Merritt filed an immediate motion for reconsideration of the denial.

GROTON--An out-of-town developer is challenging the right of F.L. Merritt, Inc. to sell a 75-acre tract of land it owns on Fort Hill to the Groton Open Space Association.

Ravenswood Construction LLC, of Cheshire, charged in a suit against F.L. Merritt filed April 15, 2003, in Superior Court, New London, that it had a prior written agreement, dated March 14, with F.L. Merritt to buy the property.

As putative evidence of this agreement, it attached to its suit a copy of a proposed contract that had been signed by Ravenswood but not by F.L. Merritt. An attempt by The Day newspaper to reach Ravenswood's attorney was unsuccessful. Dean Fiske, president of Ravenswood, was quoted by the newspaper as saying: "We believe we have a contract with...[Nelson A. Merritt, President of F.L. Merritt]...and we have been working with him for many months and we want to continue with our development."

The Cheshire-based Mr. Fiske asserted:

"We're certainly not going to sit back and let him sell his property to GOSA."

GOSA President Priscilla Pratt and Nelson A. Merritt signed a purchase-and-sale agreement April 14 in the Greenwich, CT offices of Robert Lane, a lawyer representing F.L. Merritt. GOSA plans to use a $650,000 state grant, announced April 8, to help pay the $1 million purchase price.

GOSA intends to preserve the site as the "Merritt Family Forest." Under terms of the state grant, the tract will remain in its natural state and open to the public in perpetuity.

Mrs. Pratt said the Ravenswood suit is an "improper, vexatious and nuisance attempt to interfere" with GOSA's signed contract and an "outrageous interference with the laudable goal of both the Merritts and GOSA to have the property preserved in its natural state."

Attorney William C. Kroll, representing F.L. Merritt in the Ravenswood suit, questioned in The Day article why the proposed contract contained in Ravenswood's suit lacked a signature by Mr. Merritt or Atty. Lane.

Atty. Kroll also provided the newspaper with a copy of a March 14 letter by which Atty. Lane retured to Ravenswood the unsigned contract as well as a deposit.

GROTON--F.L. Merritt,Inc. and the Groton Open Space Association signed April 14, 2003, a contract for GOSA to buy the 75-acre Merritt Property on Fort Hill.

Nelson Merritt, president of the family corporation, and Priscilla Pratt, president of GOSA, signed the contract in a Greenwich law office. Formal closing on the property is scheduled for this summer.

At Mr. Merritt's suggestion, the land--previously referred to as "The Merritt Property"--will be called the Merritt Family Forest. The signing came six days after GOSA was awarded a state grant to cover 65% of the acquisition cost of $1 million. (See below)

MYSTIC, Nov. 19, 2002--The Denison-Pequotsepos Nature Center held a follow-up meeting Nov. 19, 2002, of environmental advocates eager to increase cooperation among the various entities championing open space in southeastern Connecticut and neighboring Rhode Island. The group, yet to be named, first met Sept. 26 at the invitation of Maggie Jones, executive director of DPNC. At the followup meeting, Kevin Essington, of the Nature Conservancy office in North Stonington, led a brainstorming session and discussion examining options and setting goals for the group. The date of the next meeting is to be announced.

STONINGTON-The town Conservation Commission sponsored a workshop on "Planning for Open Space and Economic Development in Stonington" Nov. 14 at the police station conference room. The meeting followed a recent forum at which residents said one of their top priorities was protecting the town's open space.

WESTERLY - The town and the Westerly Land Trust have won Rhode Island state grants amounting to $700,000 to help preserve 143 acres of land as open space near Winnapaug Pond, The Day reported Nov. 19. The town's grant of $400,000 will help pay the cost of the former Armenakes beach property on Atlantic Avenue. The land trust grant of $300,000 will go toward purchase of more than 140 acres between Shore and Tom Harvey roads, near Westerly Airport.

LYME - Developer Bruce Josephy has agreed to sell nearly all the 280-acre Mount Archer Farms to the town as open space for a price of $2,275,000, The Day reported Nov. 17. The town has applied for a state matching grant of 50% of the cost. The rest would be paid by the town, the Lyme Land Conservation Trust, the Open Space Committee and The Nature Conservancy.

WATERFORD - The state Department of Environmental Protection celebrated Oct. 17 the acquisition of the former Verkades Nursery property, approximately doubling the size of the Harkness Memorial State Park to 304 acres. The property was purchased in June by the state for $3.8 million from Healthcare Consulting Corp., Farmington. First Selectman Paul B. Eccard, who played a key role in the negotiations with the owner, said, "For Waterford, it is an important resource worthy of protection; for all of us, it represents a legacy of stewardship and responsibility for the future."

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GROTON, Oct. 8, 2002--GOSA held its 2002 annual meeting Oct. 8, recognized its success in having 57 acres added to Haley Farm State Park during the year and outlined its plans to save a section of Fort Hill that currently is scheduled for development.

Priscilla Pratt, president, told the membership that Groton "has a lot of perceived open space but not a lot of protected open space." She said GOSA will try to preserve as much open space as possible, while striving for town regulations that protect the environment. The meeting was held at the Latham-Chester Store in Noank.

Ms. Pratt briefed the membership on GOSA's efforts to save the 75-acre Merritt Property on Fort Hill from development as a 48-house subdivision called Mystic Estates. GOSA has appealed the Planning Commission's split decision to permit the subdivision.

GOSA board member Joan Smith explained the environmental significance of the Merritt Property as a forest, wildlife sanctuary, watershed for Palmer's Cove and key component of Groton's network of green spaces, including Pequot Woods, Beebe Pond Park, the Mortimer Wright Preserve, Haley Farm State Park, Bluff Point State Park and Coastal Reserve, the currently unprotected Watrous property and several other areas.

Ms. Smith said GOSA is negotiating with Nelson Merritt, head of the family corporation that owns the property, and is applying for a 65% state grant to help purchase the land. GOSA soon will start a fund-raising effort to finance acquisition costs that aren't covered by the state grant, she said.

Ms. Smith also presented an award to Mrs. Pratt recognizing her and her late husband, Charles, for "40 years of untiring dedication to saving open space," including Haley Farm and Bluff Point. The state added 57 acres to the farm this year as a result of a 32-year struggle by GOSA and the Pratts. Mrs. Smith read a tribute to the Pratts that was written by Sidney Van Zandt, first president of GOSA, who was unable to attend the meeting.

Ms. Pratt was re-elected as president for a one-year term. Also reelected for one-year terms were Omar Allvord, treasurer, and Charles Kroll, secretary. Marty Young was elected to a three-year term as a director.

Guest speaker Penny Anthopolos, a staff attorney at the Connecticut Fund for the Environment, described for the membership a new federally mandated program for dealing with pollution from storm water runoff. Under the EPA-required program, the state Department of Environmental Protection plans to order some 80 towns to come up with so-called Phase II storm water runoff plans by March.

Ms. Anthopolos said the program will kick in slowly, with towns being allowed much discretion in what storm water management practices they adopt. In addition, the understaffed DEP will concern itself primarily with "guidance" to towns, rather than enforcement, in the program's first five years.

Another guest, Diana McMasters, President of Friends of Connecticut State Parks, urged environmentalists in various parts of the state to "speak up for each other's projects." She said she would write a letter supporting GOSA's efforts to save the Merritt Property, and she thanked Ms. Pratt for sharing resources in the recent, successfully concluded struggle to enlarge Harkness State Park through the addition of the Verkade Property to the north.

HARTFORD, July 25, 2002 -- Governor Rowland announced that the State acquired a record amount of land for open space in Fiscal Year 2002 under the Recreation and Natural Heritage Trust Program of the Department of Environmental Protection. He said at a Salem ceremony July 25 that 3,681 acres were acquired during the year, up from the previous record, in 1999, of 3,550 acres. The 2002 total didn't include the state's acquisition of land and easements amounting to 15,300 acres of Bridgeport Hydraulic Co. (Kelda) watershed land announced in March. Kelda was financed outside the Recreation and Natural Heritage Trust Program. The 2002 total of 3,681 acres did include the purchase of 57 acres that were added to the Haley Farm State Park in Groton, largely as a result of a 32-year campaign waged by GOSA. Mr. Rowland made his announcement at the recently acquired 331-acre Moore property in Salem. The following Web link includes the governor's press release, highlights of FY 2002 open space acquisitions, a fact sheet on open space in Connecticut, and a detailed rundown on open space parcels acquired during the fiscal year: www.state.ct.us/governor/news/.

GROTON, June 18, 2002 --The Groton Town Council has issued a proclamation praising Charles and Priscilla Pratt for their role in the 32-year-long struggle, recently concluded successfully, to add 57 acres to the Haley Farm State Park. A press release on the addition follows this item.

Mayor Frank O'Beirne Jr. read the proclamation at the June 18 Town Council meeting. The statement also commended the Pratts and GOSA for "their never-ending desire, dedication, and hard work to preserve open space in the Town of Groton."

As Mrs. Pratt accepted the award on behalf of her late husband, herself and GOSA, Mayor O'Beirne quipped that he hoped the next open-space acquisition wouldn't take 32 years. Mrs. Pratt, who is president of GOSA, responded that 32 years, long though it was, is insignificant in comparison to the future time that visitors will enjoy the protected land. She also recalled a favorite quote of her late husband from the French writer Victor Hugo:

"There is one thing stronger than all the armies in the world, and that is an idea whose time has come."

The text of the Town Council proclamation follows:

WHEREAS, the State of Connecticut has acquired an additional 57 acres of open space adjacent to the picturesque Haley Farm State Park, north to the boundary of the Robert E. Fitch Senior High School; and

WHEREAS, the expanded park will offer passive recreation, such as bird-watching, bicycling, jogging, and walking on trails that connect to the nearby Bluff Point State Park and Coastal Reserve; and

WHEREAS, Charles and Priscilla Pratt spearheaded the effort for the State to acquire this property between Haley Farm and Fitch High School; and

WHEREAS, Charles and Priscilla Pratt moved to Noank in 1957, and Charles became a member of the first Noank Park Commission and later Chairman; and

WHEREAS, the late Mr. Pratt was a pioneering conservationist and founder of the Groton Open Space Association (GOSA), which led the way to the establishment of Haley Farm State Park in 1970, and his striking photographs of the farm's natural beauty were instrumental in a statewide campaign to raise the private funds that, in conjunction with state and federal monies, were used to purchase the property; and

WHEREAS, as Press Secretary of the Bluff Point Advisory Council, Mr. Pratt was a leader in the citizens' effort to make Bluff Point a coastal reserve, a designation affording a high level of protection to undeveloped land, and acting on recommendations of the Advisory Council, the Connecticut legislature created the Bluff Point Coastal Reserve in 1975 which remains the only coastal reserve on the East Coast; and

WHEREAS, the late Mr. Pratt was on the Baord of Directors of the GOSA, a member of the Noank Volunteer Fire Company, the Noank Historical Society, the Mystic Seaport, and the Connecticut River Museum, just to name a few; and

WHEREAS, the Groton Open Space Association now plans to focus its attention on other parcels in town that could be preserved as open space; NOW THEREFORE BE IT

RESOLVED, that the Town Council of the Town of Groton does hereby commend Charles and Priscilla Pratt and the Groton Open Space Association for their never-ending desire, dedication, and hard work to preserve open space in the Town of Groton.

Dated at Groton Connecticut this 18th day of June 2002.

(Following announcement was issued June 3, 2002, by the Connecticut Department of Environmental Protection and GOSA.)

HARTFORD, June 3, 2002--The State of Connecticut (DEP) has completed purchase of 49.95 acres from the Guerra-DeAngelis Trustees, and 7.14 acres from Bowen Briggs, to add to Haley Farm State Park. The deeds were recorded at Groton Town Hall on May 28, 2002.

These lands are located between Fitch Senior High School and the existing Haley Farm State Park.

These acquisitions come 32 years after the purchase by the State of 200 acres from A.C. White for Haley Farm State Park in 1970. The 50 acres that belonged to the O&G Construction Co. of New Haven were intended to be purchased as part of the park at that time, but negotiations were not completed.

Groton Open Space Association has a long history of involvement in Haley Farm, including spearheading a successful fund drive in the 1960s that led to the establishment of the State Park. Since 1985, GOSA with DEP approval, has contracted and paid a farmer annually to mow the fields. Since 1970, the group has been an active advocate at both town and state levels for completion of the open space purchases at the park. ...

GOSA is very grateful for the Guerra-DeAngelis, Briggs acquisitions, and for the State's Recreation and Natural Heritage Trust Program, which made these purchases possible.

For further information, please call: Connie Kisluk, DEP--(860) 424-3070 or Priscilla Pratt, President, GOSA--(860) 536-6376/ 536-9243.

GROTON, April 23, 2002-- A proposed runway safety zone at the Groton-New London Airport came in for criticism at a public hearing. The proposal would involve filling in 1.2 acres of tidal wetlands around Baker Cove and 0.01 acre of open water in the cove. A member of the public said the study lacked quantitative analysis. Another called for closing of the airport because it is close to a nuclear plant, a submarine base, a defense contractor and a pharmaceutical company. Groton City Mayor Dennis Popp mentioned a former proposal to build an airport north of Norwich. Pilots defended the proposed safety zone.

GROTON, April 22, 2002--A public meeting on water pollution sponsored by GOSA and the Southeast Connecticut Sierra Club drew an attendance of about 45 persons, including 10 municipal officials, at the Groton Senior Center.

The meeting featured a lecture by Laurie Giannotti, Connecticut coordinator for the NEMO project of the University of Connecticut's College of Agriculture and Natural Resources. NEMO stands for Nonpoint Education for Municipal Officials, an information program on nonpoint, or multi-sourced, water pollution that is primarily designed for city and town decision makers. Ms. Giannotti was introduced by Duncan Schweitzer, of the Sierra Club.

Ms. Giannotti's topic was "Linking Land Use to Water Quality." She explained how residential and commercial development promotes water pollution by generating nutrients, pathogens, sediment, chemicals, debris and heat. To counteract these effects, she stressed the need for town planning that is based on natural resources, as well as attention to site design and "best management practices" in containing pollution.

On planning, she urged that natural resources be inventoried, with priorities being assigned to areas for protection. Development should be situated in most appropriate areas. Zoning and subdivision regulations need to be altered to support plans.

Good site design, she said, includes retention of the natural landscape and the avoidance of unnecessary fragmentation of the land. Other measures are reduction of impervious surfaces such as conventional roofs and blacktopping, maximizing on-site drainage of storm water, and storm water management plans.

Ms. Giannotti urged use of best management practices such as green buffers to control storm water, good maintenance of catch basins, restoration of natural means of drainage by replacement of impervious surfaces, and efforts to contain sprawl by "infilling."

Officials attending the lecture were: Mark Oefinger, planning and development director, and the following members of official bodies: Hank Steinford, Planning Commission; Catherine Kolnaski, Elissa Wright, and John Wirzbicki, town council; Eunice Sutphen and Barbara Block, Inland Wetlands Agency; Helen Kroll and Pete Jones, Conservation Commission; and Paul Bates, Noank Fire District executive committee.

A member of the audience, Paulann Sheets, an attorney who lives in Groton, suggested that a sharp tightening was needed in regulations governing impervious surfaces near Groton's drinking water supplies. "In the old days, you could have 70% impervious surfaces," she said. "Now we know that over 10% is a problem. Should we revise those regulations?"

GROTON, April 20, 2002--GOSA members and other volunteers collected an estimated 80 pounds of trash during the 2002 annual GOSA-sponsored Annual Haley Farm State Park Cleanup Day.

The trash included beer and soda cans, plastic water bottles, candy wrappers, a bicycle bag, an asbestos panel, a rubber sandal sole and two large pieces of plastic foam.

As would be hoped, the trash wasn't easy to find. Many would-be collectors came back empty-handed after walking well-used trails. Proving more productive were remoter areas, such as the Chester grave site, as well as the marshes, the ground next to walls and‹for cigarette butts‹the parking lot.

Among those taking part were Priscilla Pratt, current president of GOSA, and Sidney Van Zandt, who became GOSA's first president after the organization was formed in 1967.

Several park users signed up as GOSA members, and a number of others took membership applications with them.

GOSA was instrumental in establishment of Haley Farm as a state park in 1970, and it pays for winter mowing of the farm's fields.

GROTON, April 5, 2002--The Groton Open Space Association launched a website this month with the address www.gosaonline.org.

The site is designed to make it faster and easier for the GOSA leadership to communicate with members and potential members. This should lead to wider membership and more effective mobilization for GOSA projects.

Our site's home page will give you a quick overview of what's happening at GOSA. From there, you can click for more detail on the history of the organization, its accomplishments and current projects. You can learn how to become a member, if you aren't already, and get involved in our activities. We now have an e-mail address that you can use to contact us: contact@gosaonline.org

Parallel to this development, GOSA will launch in coming weeks a newsletter that will be displayed on the site. The newsletter also will be sent to members via U.S. mail, unless they elect to receive it exclusively via the web.

The site won't replace our traditional means of communication‹through personal contact, telephone and paper mail. It is meant as a supplement to these methods, one that should enhance our sense of mission and community in our work to protect the natural resources of the beautiful place in which we live between the Thames and Mystic Rivers. It also will allow us to link electronically with other environmental organizations outside our immediate area.

Acknowledgements are in order to the people who made this site possible. We thank Suzanne Furlong, a New York-based web designer, for generously donating her time and talent to designing and programming the site. We're grateful to Joan Smith, a GOSA director who researched and wrote the text for the site. Our president, Priscilla Pratt, has provided steady encouragement and support.

From The Day, April 4, 2002

Charles Pratt

Groton--Charles Norris Pratt, 78, of Noank, passed on Wednesday, March 27.

He was the devoted husband of Priscilla Wright Pratt and the beloved father of Catherine Taylor Pratt and Charles Timothy J. Pratt.

Born in Essex, on Sept. 22, 1923, to Charles Manwaring Pratt and Violet Elizabeth Taylor Pratt, he was a direct descendant of William Pratt, the first settler of Essex. He was also the great-great-great-grandson of the merchant John Taylor of Glasgow and New York, one of early New York's prominent citizens.

Mr. Pratt graduated from Pratt High School in Essex in 1941. He received an associate's degree from New London Junior College in 1943 and a bachelor's degree in architecture from Rensselaer Polytechnic Institute in 1950.

He served in the Navy from 1943 to 1946, and attended the officer training program at Yale University. Later, he was stationed in the Pacific with the Third Fleet.

After graduating from Rensselaer, Mr. Pratt moved to New York, where he worked as an architect for Walker and Poor, J. Gordon Carr, and Edward Durell Stone. During this time, he helped design the New York ASPCA headquarters and animal shelter, and the Parke-Bernet building, and he supervised the interior remodeling of the first National City Bank headquarters on Wall Street.

He marred Priscilla Redfield Wright, of Centerbrook, in 1951, and the couple resided in New York until 1957, when they movd to Noank and Mr. Pratt established his own business in architectural photography. He served as secretary of the Architectural Photographers Association and, in 1973, he was a finalist in the PPG Industries Architectural Photographers Invitational, a national photography competition. His advice was frequently sought on issues pertaining to architectural history and preservation.

A pioneering conservationist, Mr. Pratt was a founder of the Groton Open Space Association, which led the way in the establishment of Haley Farm State Park in 1970. His striking photographs of the farm's natural beauty were instrumental in a statewide campaign to raise the private funds, that in conjunction with state and federal monies, were used to purchase the property.

As press secretary of the Bluff Point Advisory Council, he was a leader in the citizens' effort to make Bluff Point a coastal reserve, a designation affording a high level of protection to undeveloped land. Acting on recommendations of the Advisory Council, the Connecticut legislature created the Bluff Point Coastal Reserve in 1975, and today Bluff Point remains the only coastal reserve on the East Coast.

Interested in civic planning, Mr. Pratt was a member of the first Noank Park Commission and later served as its chairman. He designed the original Noank park in 1958, and later the Noank town dock and beach.

After his retirement from architectural photography, Mr. Pratt and his wife opened the Pratt-Wright Gallery in Noank, which specializes in art of the Mystic-Noank region.

Growing up on the Connecticut River, Mr. Pratt acquired an extensive knowledge of wooden boats and maritime history. He was an accomplished sailor, owning and maintaining a series of unique wooden boats that he sailed with his family and friends. He was also a lifelong fly fisherman and an expert at fly tying.

He was on the board of directors of the Groton Open Space Association and was a member of the Noank Volunteer Fire Company, the Noank Historical Society, the Mystic Seaport, the Connnecticut River Museum, the Nauyaug Cruising Club, and the Essex Congregational Church.

A memorial service will be held at 2 p.m., Monday, April 8, at Noank Baptist Church. Interment will be at 1 p.m., Tuesday, April 9, in Riverview Cemetery in Essex.

The Dinoto Funeral Home, 17 Pearl Street, Mystic, is assisting the family.

Gifts in memory of Mr. Pratt may be made to the Town of Groton, Charles N. Pratt Memorial Fund for the Groton Animal Pound, Attn. Town Treasurer, 45 Fort Hill Road, Groton, CT 06340, or to the Groton Open Space Association, Inc., Haley Farm Maintenance Fund, PO Box 9187, Groton, CT 06340.