Fairfield’s appeal challenging the legality of construction of overhead transmission lines known as monopoles on the north side of the Metro-North train tracks will be heard on Monday, Jan. 13, in New Britain Superior Court.
First Selectman Bill Gerber said he as well as several other residents plan to attend. The appeal challenges the legality of the Connecticut Siting Council’s decision granting United Illuminating a certificate of environmental compatibility and public need for the construction.
Andrea and Steve Ozyck from Empowering Fairfield are looking to see if there will be room for them in the small chamber as seats are limited.
“We are waiting to hear from our attorney as to what to expect,” said Andrea Ozyck. “I’m assuming the judge has read all the documents from the docket and filings from attorneys that filed appeals. And I’m assuming there will be some oral arguments. Perhaps the judge will ask clarification questions. At the end of the day, the judge has 120 days to make a decision.”
The Connecticut Siting Council approved UI’s plan to erect monopoles as high as 140 feet along the north side of the railroad tracks in Fairfield, much as Eversource has done along Redding Road and Congress Street, and take more than 20 acres of permanent easements from private properties.
Last March, Fairfield filed an appeal in Superior Court against the siting council, challenging the legality of its decision and the negative impact it would have on the economy, environment and historic properties. The city of Bridgeport, BJ’s Wholesale Club and Sasco Creek Neighbors Environmental Trust, a grassroots group, also filed appeals in Superior Court.
If the appeal is successful, UI will have to resubmit its application to the siting council with details of the new route and its potential impacts. Affected residents and businesses would have to automatically be given intervenor status, providing them with the right to come before the siting council to ask questions and describe adverse impacts.
