Judge Tosses Lawsuit; Move Allows Water Tower Project In Derby To Proceed

EUGENE DRISCOLL PHOTO

Ted Estwan (center) is the chairman of the Derby Planning & Zoning Commission.

DERBY — A judge dismissed a lawsuit brought by residents who sued the Derby Planning & Zoning Commission for approving the construction of a water tower near the intersection of Chatfield Street and Coon Hollow Road.

In sum, the plaintiffs have failed to sustain their burden to prove that the commission acted improperly in approving the RWA site plan, or that there would be an impairment or destruction of the public trust in the natural resources under state (law),” according to a judgement Jan. 19 by Judge Marshall Berger, a land use judge in Hartford, where the case was heard.

The Regional Water Authority has been trying to find a location and build a water tower in west Derby for years. 

It is needed because the lack of a water storage facility in the area hurts fire protection in west Derby. 

When there is an increased demand for water — such as when firefighters are trying to extinguish a house fire — parts of Derby lose water pressure, according to statements from city officials and officials from the RWA

The tower will also improve water service to Griffin Hospital, according to court documents.

After neighbors and local government under former Mayor Anthony Staffieri’s leadership opposed the construction of the water tank on “Telescope Mountain” off Summit Street, the city allowed the RWA to look in the woods near the entrance to the Derby High School/Derby Middle School campus.

The Dziekan administration, the Derby Board of Aldermen/Alderwomen and the RWA worked out a deal in 2018 in which the city leased city-owned land (about 2 acres) near the high school entrance in the area of Coon Hollow Road for $1 a year for 99 years so RWA could build a 52-foot water tower capable of storing 1 million gallons of water.

RWA agreed to buy an acre of land owned by St. Peter & St. Paul Ukrainian Catholic Church next to the city’s 2 acres.  The city wants to use the land to build a parking lot, which will eventually be given to the City of Derby. RWA also agreed to buy about 2 acres in east Derby and give it to the city so the city could fix a long-standing drainage issue. (Editor’s note: the preceding paragraph was rewritten to change several typographical mistakes in the copy)

The Derby Planning & Zoning Commission approved a site plan for the water tower in 2019. The site plan is the nuts and bolts review of the construction project, and whether it complies with local zoning.

A family living on Chatfield Street across from the proposed site, the Marinellis, filed a lawsuit, and were joined by resident Sharlene McEvoy, according to court documents. They argued the Derby P&Z Commission’s decision should have been overturned for several reasons, saying the tower was too tall to be allowed, the land in question could not be used for a water tower, and the environmental impact of the tower would be bad for the area.

The lawsuit was filed in July of 2019.

In a written decision Jan. 19, the judge found the Derby P&Z Commission’s review of the site-plan application was proper. The judge also noted the land was not deed restricted, and that Derby was free to use the land; in this case to bolster the city’s health and safety by allowing a utility company to fortify the public water system.

The judge also found the height rules did not apply to the RWA proposal.

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