Zoar Residents Join Concern Over Shoreline Management

By Kendra Bobowick

Living along the Lake Zoar shoreline, Newtown resident Dan O’Connell decided to read carefully a copy of hydroelectric company FirstLight Power Resources’s Shoreline Management Plan (SMP). A landowner along the lake, he was worried about protecting his property rights, and found areas within the 56-page technical document that caused him concern. The SMP is part of the process the Federal Energy Regulatory Commission (FERC) required of FirstLight to satisfy the company’s federal operating license.

Foremost on his mind this week are fees for structures such as docks along the water.

“The SMP does not say that the people on Lake Zoar will not pay fees,” said Mr O’Donnell.

One section in particular discusses fees, and caught Mr O’Donnell’s attention. Section 8.6 refers to licensing fees and states: “The following sections outline a framework for assessing fees for residential, commercial, municipal, and community associated uses…” Regarding residential registration fees, the document continues, “When registering existing structures, applicants must pay a one-time fee unless the application is … for structures on lands owned entirely by the applicant.”

Another paragraph mentions annual license administration fees. Again, no lake names are mentioned. The SMP states: “All entities with structures located on project lands [FirstLight property] shall pay an annual fee unless the shoreline structures are owned entirely by the applicant…” Land ownership and property boundaries in relation to the shoreline are different along the three lakes.

Unlike Lake Zoar, structures along Candlewood Lake and Lake Lillinonah occupy company-owned space where docks, gazebos, seawalls, and other structures will bring fees to owners because of a difference in property boundaries. Along Lake Zoar, private property extends into the water, but the opposite is true at the larger lakes where the company owns beyond the waterline and onto land.

Joining the small group of Lake Zoar residents currently concerned about the SMP is homeowner Todd Martin. He said he also feels that the plan is not clear enough.

“It is difficult to sort fact from fiction ­— there is too much left for interpretation,” said Mr Martin, who does not want to risk any chance of reinterpretation. He said, “FirstLight owns it now, and two years down the line someone else may reinterpret it. I want it spelled out.”

Following a September 4 meeting with FirstLight Vice President of External Affairs Jim Ginnetti, Mr O’Donnell said, “If the plan is not revised to accommodate the legal rights of landowners, then we’ll move to the next phase, litigation.” He continued, “We have been told this won’t affect Lake Zoar.” After reading the SMP, however, he is no longer sure.

“Now I think they have a different story,” he said. His and others’ concerns had prompted the meeting. In a written summary of his observations, he asserts that FirstLight is unethically taking away rights from private landowners, and sought answers at the meeting earlier this week.

 

FirstLight’s Point of View

Can the SMP spell things out more clearly?

“The words to me are clear,” said Mr Ginnetti. Regarding fees he explained: “My understanding of the plan as it exists says that if people put structures on land we own, we can charge a fee. The issue with Zoar is that most [property owners] have deeds where they own the land into the water.” In addition, he said, “They own the land and as the SMP exists now — with structures on their own land — we do not charge fees.”

The management plan focuses on land that FirstLight owns.

“Unlike Lakes Lillinonah and Candlewood, Zoar ownership is different,” Mr Ginnetti said. “The structures on their own land excludes them from paying.”

He refers to Section 8.6 in the SMP, directing attention to the exceptions to the rules specifically. Registration is required for existing structures “unless” the application is “for structures located on lands owned entirely by the applicant,” among other exemptions. Further into the section, Mr Ginnetti notes phrases referring to the annual licensing. “All entities with structures located on project lands [FirstLight property] shall pay an annual fee unless the shore line structures are owned entirely by the applicant…”

Can he assure Lake Zoar residents that they will never see fees?

“I would never say never. I can’t guarantee that FERC will review the plan in the future and things may change, but with the wording in [the SMP] now, the structures are on their property…their property is their property.”

The federal commission dictates what the hydro company must do to manage the shorelines along its property, he explained. Safety and environmental stewardship are part of FirstLight’s responsibilities.

The Lake Zoar home and property owners are concerned with one other point regarding structures. Fees aside, FirstLight wants documentation of existing or new structures along the waterway. Mr Ginnetti said, “We want everybody to let us know what’s on their property. We want a sketch.” Offering one reason for the request, he said, “We need to be sure [a dock] doesn’t block the waterway.” FirstLight needs to know what is along the properties bordering Lake Zoar.

“FERC tells us we have to inventory what’s on the water, so we have to develop a database,” he said.

Mr Martin and Mr O’Donnell both feel that the responsibility to document or inventory structures rests with FirstLight.

FirstLight had submitted its shoreline plans to FERC, which approved the SMP in early July. Concerned residents, along with Attorney General Richard Blumenthal, had asked for a public hearing.

“When that is scheduled, people can voice their concerns. FERC may modify the plan further and if so, we’ll go back and make revisions,” said Mr Ginnetti. As the license holder, Mr Ginnetti explained: “We do what FERC says. We are not out to make anyone’s life difficult.” He does not believe that private property owners are giving up any rights they have.

Find the Shoreline Management Plan through the FirstLight website at FirstLightPower.com.