Bristol Old Tyme Fiddlers' Club Museum

EVERYONE INVOLVED WITH SAVING THIS HOUSE WOULD
LIKE TO THANK THE BRISTOL PRESS AND THEIR
HARDWORKING STAFF FOR THEIR PROFESSIONALISM
THROUGHOUT THIS ENDEAVOR. PLEASE FOLLOW THIS
LINK TO A WONDERFUL SUMMATION. COPYRIGHT
THE BRISTOL PRESS, AND USED WITH PERMISSION
http://home.comcast.net/~majerus-collins/gadnortonlinks.htm

                                                                                     9 Cedar St.
Terryville, CT 06786
   March 19,2006

Mr. Paul Loether,
Director Connecticut Commission on Culture and Tourism
Historic Preservation and Museum Division
59 South Prospect Street
Hartford, CT 06106

Dear Mr. Loether:

   I would like to appeal your decision or ruling that the Gad Norton House, at 822 Lake Avenue in Bristol, Ct. does not meet the criteria for evaluation for Nomination to the National Register of Historic Places. I am appealing for your reconsideration at your meeting scheduled for June, 2006. I am appealing under Title 36 CFR 60.12, and as such request that you inform the Attorney General of the State of Connecticut that this property is still "under consideration for listing as individual units on the National Register of Historic Places" and is entitled to all the protection of the Environmental Protection Act of 1971, Ct General Statutes 22a-14 through 22a-20. This act allows him to petition a court of competent Jurisdiction for adequate remedy and protection from unreasonable destruction. It is our belief that this historic resource is in danger of unreasonable destruction barring rapid and efficient actions by the proper agencies and courts. We believe that we have met the threshold of having reasonable alternatives as required by CGS 22a-19(b). A City of Bristol Demolition Permit is pending.

Our reason for appeal is to supply more data to the process and we will supply that data within the 30 days required by 36CFR60.12. The Gad Norton homestead was the home to America's oldest continuously operating Amusement Park, one of America's longest running eating Clubs, the Crocodile Club, a rare tobacco farm outside the Ct Valley, an ice business, a cider mill during Prohibition, and a very early saw mill that made this massive 1790 house possible. It is also important to note that the lake was the "end of the line" for not one but two trolley lines, the Forestville and Bristol line from the north, and the Meriden, Southington, and Compounce line from the south.

Please inform me of an administrative defiencies, procedural errors, or other shortcomings by telephone , as time is of the essence with this matter.   Please accept this digital/computer generated rendition of my name as my signature.
                                                                                       Warmest Regards

Kenneth Karl

s 60.12 Nomination appeals.

(a) Any person or local government may appeal to the Keeper the failure or refusal of a nominating authority to nominate a property that the person or local government considers to meet the National Register criteria for evaluation upon decision of a nominating authority to not nominate a property for any reason when requested pursuant to s 60.11, or upon failure of a State Historic Preservation Officer to nominate a property recommended by the State Review Board. (This action differs from the procedure for appeals during the review of a nomination by the National Park Service where an individual or organization may "petition the Keeper during the nomination process," as specified in ss 60.6(t) and 60.9(i). Upon receipt of such petition the normal 45day review period will be extended for 30 days beyond the date of the petition to allow the petitioner to provide additional documentation for review.)

(b) Such appeal shall include a copy of the nomination form and documentation previously submitted to the State Historic Preservation Officer or Federal Preservation Officer, an explanation of why the applicant is submitting the appeal in accord with this section and shall include pertinent correspondence from the State Historic Preservation Officer or Federal Preservation Officer.

(c) The Keeper will respond to the appellant and the State Historic Preservation Officer or Federal Preservation Officer with a written explanation either denying or sustaining the appeal within 45 days of receipt. If the appeal is sustained, the Keeper will:

(1) Request the State Historic Preservation Officer or Federal Preservation Officer to submit the nomination to the Keeper within 15 days if the nomination has completed the procedural requirements for nomination as described in Section 60.6 or 60.9 except that concurrence of the State Review Board, State Historic Preservation Officer or Federal Preservation Officer is not required; or

(2) If the nomination has not completed these procedural requirements, request the State Historic Preservation Officer or Federal Preservation Officer to promptly process the nomination pursuant to Section 60.6 or 60.9 and submit the nomination to the Keeper without delay.

(d) State Historic Preservation Officers and Federal Preservation Officers shall process and submit such nominations if so requested by the Keeper pursuant to this section. The Secretary reserves the right to list properties in the National Register or determine properties eligible for such listing on his own motion when necessary to assist in the preservation of historic resources and after notifying the owner and appropriate parties and allowing for a 30day comment period.

(e) No person shall be considered to have exhausted administrative remedies with respect to failure to nominate a property to the National Register until he or she has complied with procedures set forth in this section. The decision of the Keeper is the final administrative action on such appeals.

DAVID LETTERMAN'S TOP TEN ADAPTIVE RE-USES OF THE HOUSE

#10 A Museum - A wonderful old house makes a wonderful museum,
and there have been several suggested...Cortland Hull's Witch Dungeon
and Silver Screen Museum, a Bristol Sports Hall of Fame,a Cartoon Art
museum from Winsted, a better location for the fledgling Bristol Old Tyme
Fiddlers' Club and Performance Center.

#9   Headquarters and/or office space for a non-profit. There is no
shortage of groups that are always looking for useable space for offices,
storage, or meeting places.

#8   European Style Hostel. What a great idea. We have Amusement park
fans in the summer, leaf peepers in the fall, and skiers in the winter, all in the immediate area, often traveling in groups.

#7   A Connecticut based Art Academy with a branch in Stamford is looking
to relocate their Winsted Home office to Avon or Canton. If they can
afford that area, they can make this building into a wonderful campus, and
they like the idea they would be near ESPN.

#6   An Antique Shop would fit in with the area and fit in with the history
of this grand old house. The fact that it's next to America's oldest
Amusement Park wouldn't hurt.

#5 Offices/Dormitory/adaptive reuse by Lake Compounce. This is my first
choice, and they definitely be my #1 marketing target. They have said
they are not interested, so we will compromise and put them at #5 of the
top ten re-uses.

#4   Bristol/Central Ct. Tourism Information Center. This was suggested by
an area museum director knowledgeable and involved with the tourism
needs and direction of the ecotourism movement in this area.

#3   Group Home At 7200 this is a large house, and it is both not in a
bad location for such a use, and in a great spot to have a ready market
for their labor needs.

#2 Themed Restaurant/Crocodile Club With the history of both the
amusement park and the ambiance of a 200 year old building, how could it
miss.

#1   A Bed and Breakfast with a built-in clientel from Lake Compounce,
Briarwood College, Mt Southington, and ESPN.

And a drum roll please... because the #1/2 (which is better than #1)
adaptive re-use of the Gad Norton House would be as some-one else's
house. A beautiful house in a great city to grow up in and raise a family.

9 Cedar St.
Terryville, CT 06786
March 1, 2006

Mr. Jerry Brick
Lake Compounce Amusement Park
Bristol, CT 06786

Dear Mr.Brick:

Today is March 1, 2006 and we would like to make very clear our propsals for Saving the Historic Gad Norton House. This house is the reason that the city lines were changed in the early 1800's, the reason that the Crocodile Club existed for all those years, and was the "official greeter" for all those generations of people who went to the Lake via Lake Avenue. I think that you and Kennywood's management would have a greater appreciation for that house if you had older roots in this area. Since Hershey changed the entrance, you don't see the house as the "Grand Dame" overlooking the entrance and parking lot, but that is the memory for everyone over the age of 30, and it is an important memory.

Our Proposal is simple, we will move the house to the very northern boundary of your land, onto a 25,000 square foot parcel that is currently an abandoned field. Within a reasonable amount of time we will replace that lot with land contiguous to the park in a location acceptable to you. If we cannot find land acceptable to you to replace that parcel within 5 years, we will remove the building and return the use of the lot to you. We have learned that some of the adjoining land is still in the "Pierce" family. While we can in no way speak to that particular land, for historical reasons it would be a worthy goal to target that particular land for a "land swap". In any event, the 25,000 square foot parcel on Lake Avenue is very important to the success of any potential move, but we are willing to replace that land, foot for foot, or more, with contiguous land acceptable to the Lake management. We may even be able to get land that the Lake cannot get on its own, and the house in its new location with a new foundation, and proper parking, and "correct" setback so that the handsome house will better fit the streetscape and become a buffer for the bustling maintenance area of the lake.

Our Explorations have uncovered many excellent suggestions for the adaptive reuse of that house. We have also found money to pay for the initial housemoving, but time is of the essence. If we get the approval from your organization in a timely manner, we believe that we will be able to move this house out of the way of your construction crews by your extended deadline of April 1. But that is a very short time, and we need your go-ahead as soon as possible.

From a PR standpoint, locally, the citizens of Bristol have never forgotten the old Post Office and how it was torn down. We are also aware that the Shoppes at Farmington Valley in nearby Canton saved a similiarly sized barn and moved it and incorporated it into their shopping mall. We would like to have our memories respected and preserved in a like manner. Kennywood makes no small thing of its commitment to its being on the State and National Register for Historic Places, and their corporate logo of "Kennywood Cares" is something that we would like to see transplanted to its Lake Compounce operation. On a positive note, the History Channel has sent another e-mail reiterating their interest in filming the house move if we pull it off. Since their corporate parent is headquartered in Stamford, it just might work out.

We have much more to share in terms of potential uses and tenants, but time is of the essence. By moving this house out of the way, we can all win. Please call me at (860) 582-9707 if you have any questions at all.
Warmest regards,

Kenneth Karl

cc: KennyWood
      Ct Officials
      ad hoc committee
      media
      also published to the web, website: www.fiddlemuseum.org

New paragraph

This is an accurate scaled map to show the amount of land The Lake has compared to the amount we would like to exchange for in order to save this house. The area in question is at the middle of the right hand side of this map, on the road. There is over three miles of perimeter land where we could try to find suitable land in order to swap for the small lot we are asking for

New paragraph

This is the land at the northern boundary of the Lake compounce property. It is less than 300 feet from the present location of the house, with very few overhead wires to remove. The area is zoned R25, and only requires 1/2 acre of land for a building lot. It would be our first responsibility to find land acceptable to the Lake's management.

New paragraph

Photo 2

Sec. 22a-14. Short title: Environmental Protection Act of 1971. Sections 22a-14 to 22a-20, inclusive, shall be known and may be cited as the "Environmental Protection Act of 1971". (1971, P.A. 96, S. 1.) Cited. 170 C. 47, 50, 55. Cited. 175 C. 483, 489, 499. Cited. 184 C. 51, 55, 65, 66. Cited. 192 C. 591, 600. Cited. 204 C. 38, 44. Cited. Id., 212 et seq. Environmental protection act (EPA), Secs. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214; Id., 579, 594. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Cited. 239 C. 786, Environmental Protection Act Sec. 22a-14 et seq. cited. Id. Cited. 30 CA 204, 220. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107. Cited. Id., 120, 132. Sections 22a-14 to 22a-20. Cited. 35 CS 145-147. Sec. 22a-15. Declaration of policy. It is hereby found and declared that there is a public trust in the air, water and other natural resources of the state of Connecticut and that each person is entitled to the protection, preservation and enhancement of the same. It is further found and declared that it is in the public interest to provide all persons with an adequate remedy to protect the air, water and other natural resources from unreasonable pollution, impairment or destruction. (1971, P.A. 96, S. 2.) Cited. 170 C. 47, 50, 53, 55. Cited. 175 C. 483, 489, 499. Cited. 184 C. 51, 55, 65, 66. Cited. 192 C. 591, 600. Cited. 197 C. 134, 138. Cited. 204 C. 38, 44. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212 et seq. Environmental protection act (EPA), Secs. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214; Id., 579, 594. Cited 233 C. 486, 494. Connecticut Environmental Protection Act, Sec. 22a-14 et seq. cited. 234 C. 488, 489. Cited. 235 C. 448, 459. Environmental Protection Act, Sec. 22-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Cited. 30 CA 204, 219, 220. Cited. 41 CA 89, 106, 107, 114. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. Id. Cited. Id., 120, 132, 133-135. Cited. 35 CS 145-147. There is a "public trust" in the natural resources of our state and each person is entitled to their "protection, preservation, and enhancement". 48 CS 594 Sec. 22a-16. Action for declaratory and equitable relief against unreasonable pollution. The Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may maintain an action in the superior court for the judicial district wherein the defendant is located, resides or conducts business, except that where the state is the defendant, such action shall be brought in the judicial district of Hartford, for declaratory and equitable relief against the state, any political subdivision thereof, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity, acting alone, or in combination with others, for the protection of the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction provided no such action shall be maintained against the state for pollution of real property acquired by the state under subsection (e) of section 22a-133m, where the spill or discharge which caused the pollution occurred prior to the acquisition of the property by the state. (1971, P.A. 96, S. 3; P.A. 78-280, S. 2, 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-428, S. 31, 39; P.A. 95-220, S. 4-6.) History: P.A. 78-280 substituted "judicial district" for "county" and "judicial district of Hartford-New Britain" for "Hartford county"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-428 provided that no action could be maintained under this section for certain properties acquired by the state pursuant to Sec. 22a-133m, the urban sites remediation program, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995. Cited. 170 C. 47, 50, 54, 55. Cited. 175 C. 483, 489, 499. Cited. 179 C. 541, 546. Cited. 184 C. 51, 55, 57, 65, 66, 70, 71. Cited. 192 C. 247, 251. This statute did not provide plaintiffs with standing under any statute other than the Environmental Protection Act itself. Id., 591, 592, 596, 597, 600. Cited. 197 C. 134, 138. Cited. 204 C. 38, 44. Environmental protection act (Secs. 22a-14-22a-20) cited., Id., 212 et seq. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Cited. Id., 280, 290. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214. Cited. Id., 579, 584, 594. Environmental protection act, Sec. 22a-14 et seq. cited. Id. Cited. 227 C. 175, 190. Cited. 229 C. 479, 495. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Cited. 237C. 135- 137, 141, 142, 159-162. Environmental Protection Act, Sec. 22a-14 et seq. cited. Id. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Plaintiff lacked standing to bring action pursuant to this section and litigate permitting claims that are governed by Sec. 22a-430 and are within exclusive domain of department. 254 C. 21. All that is required to invoke jurisdiction of Superior Court under this section is a colorable claim by "any person" against "any person" of conduct resulting in harm to one or more natural resources of this state and in this case, plaintiff has standing under this section but has not alleged factual allegations sufficient to support plaintiff's claims against the named defendant because section does not expand jurisdiction of the town agency to consider environmental matters not otherwise within its jurisdiction; however, plaintiff's claim against city based on a statutory duty is within scope of the statute; plaintiff also has standing against permit applicant on grounds that its proposed demolition activities will result in unreasonable harm to state's natural resources. 262 C. 480. Plaintiff failed to establish statutory standing under section because plaintiff's complaint fell short of articulating a colorable claim of unreasonable pollution, impairment or destruction of the environment. 265 C. 423. Plaintiff lacked standing to bring action purusant to section where the area in question is expressly placed within exclusive domain of commissioner. 267 C. 116. Cited. 4 CA 621, 623. Cited. 30 CA 204, 220. Cited. 40 CA 75, 88. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107. Cited. Id., 120, 126, 129, 132. Wetlands constitute a natural resource of this state and the purpose for enacting section was to prevent their unreasonable "pollution, impairment or destruction". 49 CA 684. Plaintiff had standing to bring action pursuant to this section where complaint alleged defendant developer's construction activities were unlawfully impairing or destroying wetlands because of failure to follow procedures established by Sec. 22a-42a(b) and inland wetland regulations. Id. Environmental protection commissioner doesn't have right to act directly under this statute to seek declaratory or equitable relief; he is limited under Inland Wetlands and Water Courses Act to promulgating regulations and appealing decisions of municipal commissions. 35 CS 145, 147, 149, 150. Cited. Id., 145-147. Section is example of a legislative enactment of what has been described as expanding doctrine of "private attorney generals", who are empowered to institute proceedings to vindicate the public interest. By utilizing this procedure legislature expanded the number of potential guardians of the public interest in the environment into the millions, instead of relying exclusively on limited resources of a particular agency. 48 CS 594. Sec. 22a-16a. Supplemental environmental projects or financial contributions in lieu of penalty for environmental violations. In any action brought by the Attorney General under section 22a-16 or under any provision of this title which provides for a civil or criminal penalty for a violation of such provision, the court, in lieu of any other penalties, damages or costs awarded, or in addition to a reduced penalty, damages or costs awarded, may order the defendant (1) to provide for the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution on or at any real property which resource or property are unrelated to such action, (2) to provide for any other project approved by the Commissioner of Environmental Protection for the enhancement of environmental protection or conservation of natural resources, (3) to make a financial contribution to an academic or government-funded research project related to environmental protection or conservation of natural resources, or (4) to make a financial contribution to the Special Contaminated Property Remediation and Insurance Fund established under section 22a-133t provided the total aggregate amount of all contributions to said fund under this section shall not exceed one million dollars per fiscal year. No defendant carrying out any order under this section may claim or represent that its expenses in so doing constitute ordinary business expenses or charitable contributions or any other type of expense other than a penalty for a violation of the environmental laws. (P.A. 95-218, S. 15; P.A. 96-250, S. 1, 7; P.A. 98-134, S. 2.) History: P.A. 96-250 added Subdiv. (4) re contributions to Special Contaminated Property Remediation and Insurance Fund, effective July 1, 1996; (Revisor's note: In 1997 the word "to" was added editorially by the Revisors after the Subdiv. indicators "(3)" and "(4)" for consistency); P.A. 98-134 expanded scope of projects to include investigation of pollution and made a technical change. Sec. 22a-17. Defense. Appointment of master or referee. (a) When the plaintiff in any such action has made a prima facie showing that the conduct of the defendant, acting alone, or in combination with others, has, or is reasonably likely unreasonably to pollute, impair or destroy the public trust in the air, water or other natural resources of the state, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also prove, by way of an affirmative defense, that, considering all relevant surrounding circumstances and factors, there is no feasible and prudent alternative to the defendant's conduct and that such conduct is consistent with the reasonable requirements of the public health, safety and welfare. Except as to the aforesaid affirmative defense, nothing in this section shall be construed to affect the principles of burden of proof and weight of the evidence generally applicable in civil actions. (b) The court before which such action is brought may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of such appointment may be apportioned to the parties if the interests of justice require. (1971, P.A. 96, S. 4.) Cited. 170 C. 47, 50, 55. Cited. 175 C. 483, 489, 499. Because trial court did not apply the statutory burden-shifting test, it did not decide whether plaintiff's prima facie case was sufficiently rebutted. Reversal required because court did not follow the statute. 184 C. 51, 55, 58-61, 63, 65, 66. Cited (Diss. Op.). Id., 73. Cited. 192 C. 591, 600. Cited. 197 C. 134, 140. Cited. 204 C. 38, 44. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212 et seq. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214; Id., 579, 594. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Cited. 237 C. 135-137, 141, 142, 159-162. Environmental Protection Act, Sec. 22a-14 et seq. cited. Id. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Cited. 30 CA 204, 220. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107. Cited. Id., 120, 132. Cited. 35 CS 145-147. Subsec. (a): Cited. 226 C. 579, 584, 594. Sec. 22a-18. Powers of court. (a) The court may grant temporary and permanent equitable relief, or may impose such conditions on the defendant as are required to protect the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction. (b) If administrative, licensing or other such proceedings are required or available to determine the legality of the defendant's conduct, the court in its discretion may remand the parties to such proceedings. In so remanding the parties the court may grant temporary equitable relief where necessary for the protection of the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction and the court shall retain jurisdiction of the action pending completion of administrative action for the purpose of determining whether adequate consideration by the agency has been given to the protection of the public trust in the air, water or other natural resources of the state from unreasonable pollution, impairment or destruction and whether the agency's decision is supported by competent material and substantial evidence on the whole record. (c) If the agency's consideration has not been adequate, and notwithstanding that the agency's decision is supported by competent material and substantial evidence on the whole record, the court shall adjudicate the impact of the defendant's conduct on the public trust in the air, water or other natural resources of the state in accordance with sections 22a-14 to 22a-20, inclusive. (d) Where, as to any administrative, licensing or other proceeding, judicial review thereof is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review. (e) The court may award any person, partnership, corporation, association, organization or other legal entity which maintains an action under section 22a-16 or intervenes as a party in an action for judicial review under section 22a-19, and obtains declaratory or equitable relief against the defendant, its costs, including reasonable costs for witnesses, and a reasonable attorney's fee. (1971, P.A. 96, S. 5; P.A. 90-222, S. 4.) History: P.A. 90-222 added Subsec. (e) re award of costs and attorney's fee. Cited. 170 C. 47, 50, 55. Cited. 175 C. 483, 489, 499. Cited. 184 C. 51, 55, 65, 66. Cited. 192 C. 591, 600. Cited. 204 C. 38, 44. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212 et seq. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 208, 210-212, 214; Id., 579, 594. Cited. 227 C. 175, 177, 179. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Environmental Protection Act does not embody the exhaustion of administrative remedies doctrine as a subject matter jurisdictional limit on court's entertainment of an action under it. 260 C. 506. Cited. 30 CA 204, 220. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107. Cited. Id., 120, 129, 132, 136, 138. Cited. 35 CS 145-147. Subsec. (b): Cited. 41 CA 120, 138. Sec. 22a-19. Administrative proceedings. (a) In any administrative, licensing or other proceeding, and in any judicial review thereof made available by law, the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct which has, or which 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 the state. (b) In any administrative, licensing or other proceeding, the agency shall consider the alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state and no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect so long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare. (1971, P.A. 96, S. 6.) Could not have been invoked in a manner so as to enable the trial court to determine whether P.U.C. acted illegally or exceeded or abused its powers. 165 C. 687. Cited. 170 C. 47, 50, 55. Cited. 175 C. 483, 489, 490, 499, 501, 502. Cited. 184 C. 51, 55, 65, 66. Cited. 188 C. 141, 142. Statute is not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues. 192 C. 247, 248, 250. Cited. Id., 591, 597, 600. Cited. 204 C. 38, 44-47. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212 et seq. Cited. 209 C. 609, 610. Cited. 212 C. 157, 160. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. Id., 710, 715, 716; Id., 727, 735-739. Cited. Id. Agricultural land is not a natural resource protected under statute. Id. Cited. 215 C. 474, 479, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Secs. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Cited. 225 C. 1, 3, 5, 8. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214. Cited. Id., 579, 582, 594. Environmental protection act, Sec. 22a-14 et seq. cited. Id. Cited. Id., 792, 797. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488-490. Judgment of appellate court in Paige v. Town Planning and Zoning Commission, 35 CA 646, reversed; case remanded to trial court through appellate court for determination of whether commission properly applied provisions of this section. 235 C. 448-450, 452, 454, 455, 458, 462, 463, 465. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Cited. 239 C. 124. Environmental Protection Act Sec. 22a-14 et seq. cited. Id., 786. Legislature intended that, under Sec. 8-30g (c), the planning and zoning commission bears burden of proving that the public interest cannot be protected by reasonable changes to applicant's proposed development and such burden is not inconsistent with this section. 256 C. 674. Section, as well as other secs. of Environmental Protection Act, reveals no language that suggests legislature intended to give environmental intervenors under section the right to appeal from administrative matters not otherwise appealable. Section does not create an independent right of appeal, but only allows intervention in an appeal otherwise allowed by statute. 266 C. 338. Cited. 12 CA 47, 53, 54. Cited. 13 CA 400, 402, 403. Cited. 17 CA 320, 321, 324. Cited. 23 CA 188, 189. Cited. 26 CA 599, 600. Cited. Id., 942. Cited. 27 CA 479, 482. Cited. 30 CA 204, 220. Cited. 32 CA 340, 346-348. Cited. 35 CA 646-648, 650, 652; judgment reversed, see 235 C. 448 et seq. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107, 112. Cited. Id., 120, 123, 126, 131, 132, 134. Statute does not permit a nonparty to appeal if no party from the underlying proceeding is engaged in an appeal. 57 CA 589. Cited. 35 CS 145-147. Cited. 41 CS 184, 194. Cited. 42 CS 57, 61, 69. Nonprofit environmental advocacy corporation that properly filed notice of intervention at a zoning commission hearing in accordance with Subsec. (a) has standing to appeal environmental issues related to zoning commission's decision. The fact that, if as alleged, defendant failed to act on the application to intervene cannot deprive the corporation of right to intervene and the concomitant right thereby to appeal on environmental issues. 48 CS 594. Subsec. (a): Cited. 175 C. 483, 490. Cited. 206 C. 554, 555. Cited. 212 C. 710, 713-716. Cited. Id., 727, 729, 731-735. Cited. 218 C. 821, 824. Cited. 220 C. 476, 478, 481. Cited. 222 C. 98, 100, 107. Cited. 225 C. 1, 3. Cited. 231 C. 934. Cited. 233 C. 486, 493, 494. Cited. 234 C. 488, 492. Cited. 235 C. 448-454, 461, 462, 465. Does not authorize an intervenor to raise environmental issues that are outside jurisdiction of the agency conducting the proceeding into which the party seeks to intervene; intervenor is limited to raising environmental issues that are within jurisdiction of the agency in question; section not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues; intervention petitions filed under statute must contain specific factual allegations setting forth the environmental issue intervenor intends to raise. 259 C. 131. Cited. 12 CA 47, 53. Cited. 26 CA 185, 186. Cited. 27 CA 479-482. Cited. 28 CA 780, 783. Cited. 32 CA 340, 342, 346-349. Cited. 35 CA 646, 648-650; judgment reversed, see 235 C. 448 et seq. Cited. 37 CA 166, 167. Cited. 40 CA 75, 88. Cited. 41 CA 39, 40. Cited. Id., 89, 90, 94-99, 107, 111-116. Cited. Id., 120, 123-130, 132-138. Trial court finding re lack of standing reversed because plaintiff who lived down river from proposed wastewater treatment plant filed notice of intervention in accordance with section and therefore had standing. 62 CA 600. Cited. 41 CS 184, 192-195. Cited. 42 CS 57, 58. Subsec. (b): Cited. 175 C. 483, 499, 501, 502. Cited. 212 C. 710, 726. Cited. Id., 727, 729, 732-736, 738-740. Cited. 222 C. 98, 99, 108, 109, 111. Cited. 231 C. 934. Cited. 235 C. 446-450, 452-454, 460, 462, 465. Cited. 35 CA 646, 649, 652; judgment reversed, see 235 C. 448 et seq. Trial court properly held that dispositive issue before planning and zoning commission was whether the proposal would cause unreasonable impairment of natural resources so as to require commission to consider alternatives. Once commission made no finding of unreasonable impairment of natural resources, it no longer had an obligation to consider alternative plans. 73 CA 647. Cited. 42 CS 57, 58, 69, 76. Cited. 43 CS 386, 389. Sec. 22a-19a. Historic structures and landmarks. When court costs assessed against plaintiff. The provisions of sections 22a-15 to 22a-19, inclusive, shall be applicable to the unreasonable destruction of historic structures and landmarks of the state, which shall be those properties (1) listed or under consideration for listing as individual units on the National Register of Historic Places (16 USC 470a, as amended) or (2) which are a part of a district listed or under consideration for listing on said national register and which have been determined by the State Historic Preservation Board to contribute to the historic significance of such district. If the plaintiff in any such action cannot make a prima facie showing that the conduct of the defendant, acting alone or in combination with others, has or is likely unreasonably to destroy the public trust in such historic structures or landmarks, the court shall tax all costs for the action to the plaintiff. (P.A. 82-367, S. 1.) Cited. 192 C. 591, 600. Cited. 204 C. 38, 44. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212 et seq. Environmental protection act (EPA), Sec. 22a-14 et seq. cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Connecticut environmental protection act Secs. 22a-14-22a-20 cited. 220 C. 54, 56. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98, 101, 111, 112. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214; Id., 579, 594. Cited. 227 C. 71, 85. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Cited. 27 CA 479-481. Cited. 30 CA 204, 220. Cited. 41 CA 39, 40. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. Id., 89, 106, 107. Sec. 22a-19b. Exception for certain property listed on the state register of historic places. The provisions of section 22a-19a shall not apply to any property or structure, or any portion thereof, that was first listed on the state register of historic places during the month of March, 2001, if (1) the owner of such property or structure delivers or has delivered to the director of the Connecticut Commission on Culture and Tourism and to the State Historic Preservation Officer a written and notarized objection to the listing of such property or structure on the National Register of Historic Places that certifies the person's ownership of such property or structure, and (2) such objection has not been withdrawn or rescinded by the owner's written and notarized notice of withdrawal or rescission of objection. (June Sp. Sess. P.A. 01-4, S. 53, 58; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.) History: June Sp. Sess. P.A. 01-4 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism. Sec. 22a-20. Procedure supplementary to other procedures. Intervening party. Sections 22a-14 to 22a-20, inclusive, shall be supplementary to existing administrative and regulatory procedures provided by law and in any action maintained under said sections, the court may remand the parties to such procedures. Nothing in this section shall prevent the granting of interim equitable relief where required and for so long as is necessary to protect the rights recognized herein. Any person entitled to maintain an action under said sections may intervene as a party in all such procedures. Nothing herein shall prevent the maintenance of an action, as provided in said sections, to protect the rights recognized herein, where existing administrative and regulatory procedures are found by the court to be inadequate for the protection of the rights. At the initiation of any person entitled to maintain an action under said sections, such procedures shall be reviewable in a court of competent jurisdiction to the extent necessary to protect the rights recognized herein. In any judicial review the court shall be bound by the provisions, standards and procedures of said sections and may order that additional evidence be taken with respect to the environmental issues involved. (1971, P.A. 96, S. 7.) Cited. 170 C. 47, 50, 55. Cited. 175 C. 483, 489, 499. Cited. 184 C. 51, 55, 65, 66. Cited. 192 C. 591, 600. Cited. 204 C. 38, 44. Cited. Id., 212 et seq. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. 212 C. 710, 715; Id., 727, 735. Cited. 215 C. 474, 484. Environmental protection act cited. 218 C. 580, 609. Cited. 220 C. 54, 56. Connecticut environmental protection act Secs. 22a-14-22a-20 cited. Id. Cited. 222 C. 98, 99, 101, 111, 112. Environmental protection act Secs. 22a-14-22a-20 cited. Id. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205, 207, 210-212, 214; Id., 579, 594. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488, 489. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135-137, 141, 142, 159, 160, 162. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Cited. 17 CA 320, 324, 325. Cited. 30 CA 204, 220. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89, 106, 107. Cited. 35 CS 145-147.