October 16, 2019

Opinion: Let Your Presence Make a Difference (Since Your Voice Can’t be Heard) — Go to the FRA Meeting

Back in February of this year, we wrote an opinion piece titled, “The Menace in our Midst.”  about the proposed high speed rail route through Old Lyme, about which we as a community had just heard. Surprisingly, not a whole lot has changed since then with the exception that the Federal Railroad Administration (FRA) has finally decided to pay Old Lyme a call. That meeting is this afternoon at 4:30 p.m. in the Lyme-Old Lyme High School auditorium.

We’re re-publishing most of our editorial from February, but changing the message.  Back then, we urged readers to write to the FRA and say what you thought about Alternative 1 during the official Comment Period.  Today, our message is simply, “Go to this afternoon’s meeting.” You will not be able to speak — at this point it seems public comment is not being allowed, but our numbers will tell a story … so let’s pack that hall!

The saddest thing about all of this is that we all (or most of us) support high speed rail — please read the open letter to the FRA from Alex Twining that we received last night, which discusses some different solutions to Amtrak’s challenges in the northeast.

Here’s our editorial from February:

In the space of just a few short weeks, the residents of Old Lyme have become aware of a menace in their midst. Most unusually for these same residents, their response has been to a man (or woman) identical.  When that happens in this town — unquestionably, a rare event — you can be sure that, ‘Something is rotten (to misquote Hamlet) in the state of Old Lyme.’

The ‘menace’ in this case is Alternative 1 of the four high-speed railtrack routes proposed by the Federal Railroad Authority (FRA) in their Northeast Corridor (NEC) Future plan.

But let’s backtrack for a second — why is the FRA proposing these new routes? Their objective is, “to improve the reliability, capacity, connectivity, performance, and resiliency of future passenger rail service … while promoting environmental sustainability and continued economic growth.”  Let’s say right away that we are fully supportive of this objective — we are huge fans of rail-travel — you cannot grow up in Europe without taking rail travel for granted.  The trains there are fast, clean and efficient … they are a way of life.  We absolutely wish it were the same in the US.

So what is the difference here?  Why has the reaction to Alternative 1 been so strong, so united, so passionate?  In case you are unaware, Alternative 1 calls for the high speed rail track to cross the Connecticut River over a new bridge a little higher up the river than at present and then travel to the center of Old Lyme bisecting Lyme Street by eliminating both the western and eastern campuses of Lyme Academy College of Fine Arts before turning north and crossing I-95.  [Note: This has now become a tunnel under the Connecticut River according to the latest information from the FRA.]  The 1817 John Sill House, currently owned by the Academy and situated on its campus, would likely be acquired by the FRA by eminent domain and then demolished.

The impact of a high-speed railtrack through that sector of town would be totally devastating for our community, effectively destroying its very heart.

This editorial could now run for pages to explain the full spectrum of impact to Old Lyme of this proposal.

We could discuss the horrific effects on our incredible local environment — one which has inspired artists for generations including some of the greatest impressionist painters in American history and one officially designated as a “Last Great Place.”

We could talk about the untold damage to the storied structures on Lyme Street and list the irreplaceable buildings that will either be completely destroyed or permanently scarred by this new train track construction, many of which are either National Historic Landmarks or on the National Historic Register.

We could mention that Lyme Street is the joyful, bustling hub of our little town — it has a unique personality and touches every aspect of our community life.  It is home to our town hall, our public schools, our daycare, our youth services, our library, our churches, our village shops, our art college, our art association (the oldest in the country), and the Florence Griswold Museum (a national institution.)  Can you even begin to imagine Lyme Street with a high speed railroad running across it?

And let’s just consider for a minute what this proposal, if implemented, would achieve?  Bearing in mind that you can already travel from London to Paris (286 miles) in 2 hours and 15 minutes, would we be able to hop on a train in Old Saybrook and be in Washington DC (334 miles) roughly two hours and 45 minutes later?  No, the current travel time of six hours would be reduced by a grand total of 30 minutes to 5 hours and 30 minutes.  Unbelievable.

As we said, we could go on for pages but others have kindly taken care of that for us.  There was a splendid press conference yesterday, which spelled out the craziness of Alternative 1 from every angle — coldly, clinically and objectively.  The Old Lyme-Phoebe Griffin Noyes Library has a full print copy of the NEC Future tome if you care to read it in its entirety.  There are links galore on the Old Lyme Town website to the statement and attachments submitted yesterday (Feb. 10) on behalf of some 20 local organizations to the FRA.

So please read and educate yourself on Alternative 1, but most importantly, please, please write to the FRA with your thoughts.  There are many questions as to why and how this proposal was able to be presented without a single public hearing being held closer than 30 miles away from a town on which it was having such a major impact.  But that is history now …

Back to today — the FRA is coming this afternoon … will you be there?


Op-Ed: Support Sound View’s Historic District Designation With its Numerous Benefits; Ignore Inaccuracies Being Circulated

The author of this op-ed submits that there is strong evidence that Sound View is one of the oldest public beaches in the country. The image above shows the beach circa 1920.

The author of this op-ed, Michaelle Pearson, states that there is strong evidence that Sound View is the oldest public beach in the country. The image above shows the beach circa 1920.

COMMENTS ON THIS ARTICLE ARE NOW CLOSED: Sound View residents have been receiving letters from Heidi DiNino-Fields of Hartford Avenue urging them to register their opposition to the Sound View Historic District designation. These letters are filled with incorrect information, designed to confuse and frighten residents into opposition. Among the more blatant lies are that owners would not be able to paint or maintain their property; that it would negatively affect insurance, taxes and marketability; that it would impede upgrading to FEMA standards, and that the property “will essentially be frozen in as-is condition.” Each of these is completely false.

The National Historic Register is simply an Honorary designation to recognize neighborhoods that have a unique character and history. There are absolutely no restrictions on owners’ ability to renovate or develop their properties. This designation is different from the Town Historic District, on Lyme Street, which is overseen by the Historic District Commission, and has nothing to do with Sound View, or this type of designation.

Having a property within the Sound View Historic District actually conveys many benefits on owners, including better rates on insurance, better marketability, and assistance with waivers to FEMA requirements, building and zoning. The designation’s purpose is to make it easier for owners to renovate and develop their properties, if that is their choice. If an owner wants to renovate their property in a non-historic manner, or not at all, that is their choice. There is no government entity that can or will tell them what they can or can’t do.

IF an owner chooses to renovate in a historic manner, they become eligible for grant programs and tax abatements up to $30,000. If the owner wants the tax credit, that particular work will be subject to review, but only to ensure that the money is going toward a historic renovation. If an owner doesn’t take the cash, they can do whatever they like. No review or oversight whatsoever. Historic District designation has no impact on property taxes.

Sound View’s rich history has been obscured for too long by its rowdy reputation from the 1950s-1990s. As an intact pre-1938 beach community, Sound View is a unique and rare coastal resource. It was developed in the early 1890s, and there is very good evidence that it is the nation’s oldest public beach. Many of the cottages have been passed down for generations within the same families, and are maintained with pride to this day. The Historic District designation honors this tradition, and will help to preserve the neighborhood and public beach for future generations. This is a valuable opportunity for our town. Let’s not let one uninformed naysayer scare people into opting out of this positive opportunity.

For the true story, actual facts, and some very interesting historic details, I urge concerned residents to read the official application which will be posted on the Old Lyme Town website early next week at http://www.oldlyme-ct.gov/Pages/OldLymeCT_projects/currentprojects


Op-Ed: Malloy in the Middle

Susan Bigelow

Susan Bigelow

Last week, Vermont Senator Bernie Sanders tried to force the Democratic National Convention into a shape more to his liking by demanding that Gov. Dannel P. Malloy, a supporter of former Secretary of State Hillary Clinton, be booted from a high-profile chairmanship. He failed, but the fact that he tried says something about both Malloy and the dangerous state of our politics today.

Sanders’ argument is that Malloy and fellow co-chair former U.S. Rep. Barney Frank, D-Mass., were unreasonably hostile to Sanders, and that they were “aggressive attack surrogates” for Clinton. As evidence, Sanders pointed to interviews the two men had given slamming Sanders, suggesting that Frank and Malloy would be “unsympathetic” to the views of Bernie voters.

Oh boy.

An eye-rolling DNC rejected …

Continue reading Susan Bigelow’s column published June 3 on CTNewsJunkie.com by clicking here.

Editor’s Note: Along with Shoreline Web News LLC, publisher of LymeLine.com and ValleyNewsNow.com, CTNewsJunkie.com is a member of the Independent News Network (INN). Members publish links to other member’s articles when we choose to do so in our reader’s interests


Op-Ed: Carney Says Proposed State Education Budget Cuts Will Seriously Impact Region 18

State Representative Devin Carney (R-23rd)

State Representative Devin Carney (R-23rd)

Does Governor Malloy have a problem with communities that succeed? This is a question we need to ask ourselves. Year after year, the schools of the 23rd District work diligently to provide quality education to our youth. Our teachers and administrators add to the success of our state by instilling the proper foundation to produce the industrial, business, and community leaders of tomorrow. Many of our best and the brightest students chose to continue their education in Connecticut – something of which the governor should be incredibly proud. Just last year the valedictorians from Region 18 (Lyme and Old Lyme) and Westbrook as well as the salutatorian from Old Saybrook chose UConn.

We have seen two budget proposals over the past two weeks that would do damage to the schools in the 23rd District. The Democrat-controlled Appropriations Committee released an incomplete budget that would cut Education Cost Sharing (“ECS”) funding to the towns in our district by 33 – 56%. This was bad enough. But, under the governor’s updated proposal, the four towns in the 23rd went from receiving a recommended amount of $1,831,496 in ECS funding to $0 for FY 2017 (July 1, 2016 – June 30, 2017). A total of 28 towns were zeroed-out, while many cities, like the governor’s hometown of Stamford, were held harmless. Talk about a shared sacrifice.

These proposed cuts – made at a time when most local Boards of Finance are crafting their own fiscal year budgets – are unfair. The clear lack of respect and care on the governor’s part is alarming. All four towns in the 23rd District will now have funding gaps and may require local property tax increases to offset them. This would add an even greater burden to Connecticut’s taxpayers and Connecticut simply cannot afford to lose additional wealth at this time. However, that’s where these indirect tax hikes would be directed – all 28 communities being zeroed-out are considered ‘wealthy’.

Although these cuts are debilitating to small towns like ours – which already receive far less back from the state than we put in – we must keep in mind that this is only a proposal.

I remain committed to finding a solution with other members of the legislature to address this inequitable cut to our towns and to solving our $930 million deficit. The state wants people to move to Connecticut and one of our best selling points is our top-tier education. While we are faced with many serious and pressing economic issues, predominantly the ongoing budget crisis, great public education is one area on which we can pride ourselves.

I have written a letter to the governor urging him not to turn his back on the children and the taxpayers of the 23rd District and to request that he amend his updated budget and eliminate these cuts. The taxpayers of Lyme, Old Lyme, Old Saybrook, and Westbrook provide a great deal to this state and the deficits would be much, much higher without us. If either the legislature’s or the governor’s cuts are enacted, then it would be only fair that some of the approximately 380 unfunded state educational mandates be eliminated.

Instead of education, the governor and the legislature must look to balance the budget through real structural changes in the way state government is run. Changes could include pension and benefit reform, re-negotiating of union contracts, a moratorium on unnecessary government projects, serious spending and bonding caps, and tighter controls on overtime. When I last checked, many don’t live in Connecticut for bloated government overtime, but they do for our great schools. In fact, it may just be the only thing keeping them here.

To read my letter to Governor Malloy: click here

To see how Connecticut towns fare under the Appropriations budget: click here

To see how Connecticut towns fare under the governor’s budget: click here

To read the governor’s budget proposal: click here

To see the approximately 380 unfunded educational mandates: click here


Op-Ed: Hains Park Boathouse Options Could Save Funds While Also Supporting Rowing Program Needs

As an engineer and rower, I frequently look at form and function and have provided several suggestions to the Hains Park Boathouse Improvement Committee (HPBIC).  When developing a project, each feature should be considered for its benefit and its cost. The newest Boathouse plan for Hains Park in Old Lyme favors form over function, and is less sensitive to disruptions and cost.  What is not known by those missing the Boathouse Committee meetings is that less expensive proposals have been raised that were able to meet the rowing program “needs” that did not “tear down” the existing, structurally sound Boathouse, which has one 28 ft. wide bay and one 16 ft. wide bay. 

However, these proposals were dismissed by the majority of the Committee because they said the rowers need three 22 ft. wide bays with an associated increase in aisle width between boat storage racks from the existing 4-5 ft. to 10 ft. (although an 8 ft. minimum is recommended by the US Rowing Association.)  Creative proposals to rearrange the boat storage layout recommended as a no-cost option by the boat rack supplier to achieve wider aisles with the existing 28 ft. and 16 ft. bays  – with use of a single line of “rolling racks” in the larger bay (see photo below) – plus the addition of a third 22 ft. wide bay, were summarily dismissed.   

The author suggests that rolling boat racks similar to those shown in this photo would offer a cost-effective alternative in relation to the Hains Park Boathouse construction.

This image shows an example of the boat racks suggested by a supplier as a cost-effective alternative in the design of the Hains Park Boathouse. Photo submitted.

For example, all of the boat storage needs and 10 ft. wide aisles can be accommodated by placing one line of rolling racks and two rows of fixed racks in the 28 ft. bay, and one row of fixed racks in the 16 ft. bay, plus two new sets of fixed racks in an “addition” (attached or detached) to the existing Boathouse.  In the lowest cost option I proposed, a new boat shed (22 ft. x 84 ft.) would be built next to the existing Boathouse.  Given that it is pre-engineered by a company specializing in storage structures, it can be constructed very quickly with limited disruption to the existing facilities, with an estimated cost of  less than $200,000 – including ties to the existing structure.   

The primary reason given for dismissing all of the more cost-effective “addition” options was that they would be 6-8 ft. wider than the new Boathouse proposal (at 66 ft.) and so they would not allow the replacement basketball court to remain next to the Boathouse.  However, the committee now proposes moving the basketball court to a different area of the park both because of the Boathouse’s larger footprint and to save one maple tree.  Thus, moving the basketball court is no longer a reason to reject consideration of any of the more cost-effective “addition” options.   

Even if one allotted another approximate $150,000 to extend the back of the existing Boathouse for added flex-space, changing areas, and small storage/office spaces, the “addition” options have the potential to save hundreds of thousands of dollars over tearing-down the existing Boathouse and re-constructing “new.” 

Currently, the majority of the committee is pushing to proceed with committing $670,000 on just Phase 1 of project (which includes the new Boathouse) before they have estimated a “total project cost” for the “total project plan”, which includes public toilet upgrades, pavilion, and the remaining site work.  Thus, there is a significant risk that the full project cost with the new Boathouse plan may not come in within the $883,000 budget (comprising the $478,000 STEAP grant and $405,000 from Old Lyme taxpayers.) 

At this point, seriously considering more innovative boat storage options that save the existing Boathouse is recommended.  The rolling racks that can save the existing boathouse and significantly reduce the need for Old Lyme tax dollars should also be seriously evaluated or investment should be made in features that expand the functions of this park for the benefit of all.

Editor’s Note: The author , Stephen P. Dix, is a Professional Engineer who has been working with the Town of Old Lyme in various capacities for over 25 years, primarily supporting their Sewer Avoidance Program.  More recently he teamed up with Lombardo and Associates to propose a more cost-effective solution that included  water reuse.  Previously, he served as Technical Director for Infiltrator Systems in Old Saybrook for 10 years following an appointment at West Virginia University as Director for the EPA’s National Small Flows Clearinghouse.  Dix is recognized for his research in the science of soil-based treatment systems with publications and patents in this area.  He currently runs his own consulting firm that helps environmental corporations develop new technology; the firm also trains engineers and professionals in this field.


Op-Ed: Lyme P & Z Needs to Separate “Agricultural” Activities Associated with Farms from “Commercial” Activities

Editor’s Note: Last week, Christopher Roosevelt of Lyme sent the letter below to the Lyme Planning & Zoning Commission on behalf of the Lyme Rural Protection Group. We are publishing it as an Op-Ed due its length.

‘I thought I would reiterate my recommendations regarding separating farm/agricultural pursuits from “commercial” activities of wine tastings and wine sales.

First, as a very fundamental proposition, the Connecticut farm winery act specifically anticipates and clearly leaves the authority to localities to separate the agricultural aspects of a farm winery (widely supported by many in the Town) from the “commercial” aspects such as wine tastings and wine sales.  I understand that this may impose very modest additional costs on a farm winery to resolve having space in an existing commercial district to conduct such tastings and sales, but it clearly goes a long way to support and maintain a town’s residential and rural character, something the vast majority of Lyme residents support.  I hope the Lyme P&Z Commission carefully considers that option and implements it with any new Code changes.  I know that quite a few residents, myself included, would personally and financially support the location of such “commercial” aspects of a farm winery in existing “commercial” districts with personal contributions until the commercial results help to support such activities.  Who is going to pay me back for the commercialization and loss of my rural, residential neighborhood?

Second, I have talked to many residents of the Town of Lyme representing both major political parties and there is clearly a major lack of knowledge and familiarity among the vast bipartisan majority, including a few party leaders, with regard to the proposed zoning code changes.  That, in and of itself, is not a good way to make policy or change regulations, unless, of course, your Commission does not want informed public participation.  I would suggest that you as Chairman and the Commissioners of the Lyme P&Z Commission carefully consider holding at least two or three “town meetings” in two or three areas of the Town to inform and educate the Town’s voters about what is being proposed and what the implications may be in a number of areas, but at least for definitions of “farms” in the Town and the possible tax revenue implications of residents claiming their properties are “farms” and asking for tax reductions.  I think there are many areas in the proposed changes where implications for the Town as a whole have not been carefully considered and may adversely impact the Town.  This should not be done in a hurry up manner or to simply adopt new code measures only to get one winery approved.  That is very bad policy and even worse practice.

Lastly, I would suggest that you and your fellow Town representatives remain aware that there is deeply felt (and quite wide spread) disappointment and criticism on the part of many in the Town for how all this has been handled by the Lyme P&Z Commission.  The words “old boy network” have been used frequently with me.  The possibility of a petition for a referendum on the subject has also been frequently mentioned.  You may have recently won election, but other elections will be happening and this may be a subject for discussion very soon.  That is the ultimate recourse of voters who may be told that the Lyme P&Z is doing all that is legally necessary but, in fact, is not looking out for the best interests of the Town and its voters.  I am a believer in informed, participatory democracy.  That is clearly not happening in this instance.

Thank you and your fellow Commissioners for considering this message.’


Op-Ed: Proposed Northeast Corridor High Speed Rail Route Cuts Through Old Lyme Historical District, Public Comment Now Extended to Feb. 16

Proposed routes for high speed rail track under Amtrak's Northeast Corridor modernization plans.

Proposed routes for high speed rail track under Amtrak’s Northeast Corridor modernization plans.

One month ago, with little fanfare, the Federal government announced a plan to modernize the Northeast Corridor by rerouting high-speed rail lines over a new bridge crossing the Connecticut River, across the saltwater marshes at the Lieutenant River and through the historical district of Old Lyme.

The plan appears so nonsensical, from a local perspective, that it is very easy to dismiss out of hand. It will never happen. A high-speed rail through our little town, the home of American Impressionism? A town so wonderful, in its own way, that from a local perspective we feel well-neigh untouchable.  It will never happen.

But then, I ask you, when did you first hear of the plan? And why not? Public comment was originally scheduled to close on January 31st. It has been extended two weeks until February 15th. After that, I am told, our leverage will be immeasurably weaker, and our task considerably more difficult and more lengthy. This odd silence should give us pause. Why haven’t we heard?

To be sure, this is a slow train. And it will take years of revision and appropriations, and very likely it will never happen in its entirety. But I urge you to look at the plan. It’s available for study and comment at www.necfuture.com. There is no doubt that at least part of this plan will happen. The Connecticut River crossing will be modernized. And the preferred alternative—there are three—will be chosen later this year. If Alternative 1 is chosen as the preferred option, even if it is later blocked, it will hang over our town for a decade, or more, promising destruction, lowering property values, troubling mortgages.

Yes, from a local perspective the plan is absurd, but the plan was not written from a local perspective. Alternative 1, the plan that most directly impacts Old Lyme, from the Federal—even on the state level—appears, on its face, the most sensible, the least expensive, the least impactful. In fact, if you look carefully through the footnotes, which discuss in detail the cultural and historical casualties, you will find that for the entire rail line from Boston to Washington, D.C. only one town is slated as a serious loss: Old Lyme. That should give us pause.

In fact, what concerns me most about Alternative 1, is just how sensible it appears, if you’ve never visited Lyme Street, or paddled down the Lieutenant or heard of the Old Lyme Art Colony.  One plan will be chosen. Let’s not make it easy for the politicians, the planners in Washington and Hartford.

Please contact our representatives at the Federal level, in particular, and submit public comment at http://www.necfuture.com/get_involved/ . We only have two weeks.

Dr. Gregory Stroud
Old Lyme, CT


Op-Ed: Thoughts on Old Lyme’s Wastewater Situation and Where Blame Lies

With my growing family, my wife and I moved to Old Lyme over 55 years ago.  Then it was another coastal town with a small, stable year-round population and a large vacationer transient group who came here to enjoy the Long Island Sound shoreline beaches for about 10 to 12 weeks in summertime.  Many of these visitors scheduled their time here to mesh with summer school vacations. Some owned cottages, others rented for a week or two, and others for the season.  These cottages were clustered to be within walking distance of The Sound.  The average family had but one car, which the husband took to work, and he would drive to the shore only on weekends.

One example of such a cluster of cottages in Old Lyme was aptly named White Sand Beach.  The sand was dug from borrow pits on Buttonball Road, about a mile inland from the shore.  It was fine, white, and free of clay or soil.  The developer of this community spread this sand on top of a salt-hay Spartina marsh.  Now, Spartina grass is nice to look at but doesn’t lend itself to beach recreation.

This beach community, and others like it, were frequently state chartered beach associations with enumerated powers and responsibilities.  The developer provided paved roads and summer potable water from upland wells.  Water delivery was limited to summer, and many pipelines were hardly buried or were not buried at all.  Winter freezing was not a problem since these pipelines were all drained annually when the summer season ended.  It didn’t matter since the occupants were gone and would not return until the following June.  This pattern repeated itself in several Old Lyme chartered beach associations.

Septic waste disposal was primitive in many instances.  Cottage house lots were rarely large enough to support a conventional septic tank and a leach field plus a reserve leach field.  Some were simply a punctured 55-gallon steel drum that then drained quickly into the ground.  Mother Nature sustained this insult for only 10 or 12 weeks a year, but as the years rolled by – new technologies and new lifestyles put new loads on the natural remediation processes.  Better roads, more autos, longer vacations, and disposal garbage grinders all contributed to additional loading on these already inadequate septic systems.

The thin layer of white sand over a mat of roots and dead Spartina grass and marsh muck is not the ideal soil for aerobic digestion of human waste.  Smells of anaerobic decomposition would come and go, and sometimes the wastewater would actually erupt on the ground around a cottage.

The beach communities limped along in part because there were no drinking water wells near these failing wastewater “systems”.   Remember, potable water was piped in.  Sanitarians knew how to correct the problems, but other forces were also in play.  In Old Lyme, our Registered Sanitarian, operating under the rules of the Connecticut State Health Code, and inhibited by rules from the State Department of Environmental Protection, had few legal tools to combat pollution.  One attempt was by stamping the land records with the words “Summer Use Only”, but after several years, a court found the procedure to be invalid.

As time went on, land values rose, and those summer cottages on postage stamp lots continued to be enlarged, and insulated, and heated, and occupied for longer and longer periods.

Concurrently, several other things were taking place.  The State Legislature that created a Department of Environmental Protection (DEP) gave them a blank check for jurisdiction over sewage treatment plants.  Also, they were granted power to regulate wastewater discharges of over 5,000 gallons per day.  The State Health Department retained its control over small flows, but they were restrained from any treatment except the passive septic tank-leach field arrangement.

Furthermore, the DEP also assumed powers over what they called “areas of special concern” and they thus claimed jurisdiction over a neighborhood. Also, they claimed jurisdiction over all wastewater treatment which employs modern technology.  The Health Department must restrict itself to the passive septic tank-leach field treatment.

Now both of our neighbor states, Rhode Island and Massachusetts, permit technology which by aeration and circulation, a home septic system could accommodate greater loads.  This may not be done in Connecticut according to the DEP (now renamed DEEP), even by a registered sanitarian whose work is supervised by a health director, and according to the published Health Code of our State Health Department.  This, it seems to me, is simply a turf war in Hartford for control and the desk in the corner office.  Registered Sanitarians, in both the DEEP and the Connecticut State Health Department, have the same qualifications and must pass the same examinations.

I believe that the drive to sewerize in Old Lyme is mostly from people and organizations that have motives far apart from economy and the environment but rather for power or money.  They should recuse themselves from decision-making since their views are tainted.

Take note also that several of the beach associations in Old Lyme are charted by the State Legislature, and the charters clearly state that these associations may, if they wish, control their wastewater.  However, this control would be at their expense.  This is not quite what sewer proponents are advocating.  They seem to want these projects to be town-wide and not at their expense.  Rather, they seem to expect the municipality, or the state or federal government, to expend tax revenues to correct the problems of their increasing usage of lots that were never intended for year-round occupancy.

I believe further that the DEEP is the fox in the henhouse, making and enforcing rules, with little or no supervision or oversight by the legislature.  For example, the State Health Department publishes a health code, but the DEEP has no comparable document.

If the DEEP is to dump its treated effluent from sewage treatment plants into our streams and rivers, that water should be pristine drinking water quality, and if it is pristine, then why is it not replaced into our aquifers or our ground waters?

Dilution is not the solution to pollution, and the DEEP is the culprit.


Op-Ed: Valley Warriors Need to Reconsider Outdated, Distressing Mascot

valley regional2I am a proud alum of Lyme-Old Lyme High School, class of 2010. I could not have asked for a better education or community. One of the most important experiences I had as a student there was my involvement in athletics. I enjoyed every moment of cross country that did not involve running, and during basketball games, I ensured that the team’s bench remained warm at all times. I also supported my friends in their athletic pursuits, especially those dedicated enough to travel to another school to play football for the Valley Regional Warriors. Having heard about their growing success, I’ve begun to follow along once more and I’m proud to see that some of the team’s best players are from LOLHS, some of whom I know from my time as a summer camp counselor in town. However, I was saddened to see that the image used for the mascot is an antiquated, stereotypical depiction of Native Americans.

The image used to represent the “warriors” is a red face with black hair and two loosely hanging feathers. It is, in my opinion, a highly problematic image. The image would be problematic anywhere, but it is particularly troubling given the region’s history of violence against native peoples. The Pequot War, the war that ensured colonial hegemony in Connecticut, culminated with the Mystic Massacre of 1637, during which colonists and their native allies attacked a Pequot village and shot or burned to death over 400 hundred men, women, and children. The attackers targeted the village after bypassing a stronghold of warriors, knowing that non-combatants would put up less of a fight. To misappropriate the imagery of that time period is a deeply uninformed way of grappling with our violent history.

This imagery also promotes a racialized view of American life. The idea that there is a race of “red” people is an idea that Euro-Americans constructed in the 18th and 19th centuries to justify campaigns of conquest and displacement. Far from being an ideology of the past, this racism is still very much alive and dangerous. Few people know that police kill Native American men at about the same rate as African American men. It has been encouraging to see the removal of imagery that glorifies the Confederacy and chattel slavery, and we must now remove symbols that trivialize the centuries-old abuses of native peoples. Only then can we begin to combat the caustic racism that continues to permeate our society.

Finally, using Native Americans as mascots promotes the myth of the “vanishing Indian.” This myth, which dates back to the early-19th century, contends that Native Americans died out in the course of American history, unable to adapt to new contexts or hold their lands. The myth could not be more wrong. Native peoples, who represent countless languages, cosmologies, and identities, have displayed remarkable resilience and have been intertwined in American life since the early-colonial period. Native peoples have shaped American politics, contributed to the American ethos, and served in our wars in greater proportion than any other population. And they have fought tenaciously to preserve their lands and cultures. While they lost a great deal under the onslaught of imperialism, and now grapple with the resulting poverty and trauma, they are proud of what they have maintained. I’ve travelled to numerous reservations—I recently returned from a month-long trip to the beautiful Standing Rock Reservation in North Dakota—and the people there work tirelessly to elevate their communities without losing sight of their heritage. They continue to fight, every day, to revitalize their languages and resist new forms of encroachment, such as the Keystone XL Pipeline. They’re not a novelty or a relic of the past. They are students and teachers and parents and artists, and they cannot be encapsulated by a picture of a red face and feathers.

I’m being oversensitive, you might say. Perhaps. The mascot debate is by no means our most important. But it’s a good place to start. So can we change the image used by Valley Regional’s football team? The important things—the lines on the field, the minutes in a half, the positive impact of playing on a team—will remain unchanged. This problematic image will be the only thing to go, and when it does, our boys will have even more to be proud of.

Editor’s Note: Michael McLean graduated from Lyme-Old Lyme High School in 2010.  He went on to obtain an undergraduate degree from Trinity College in 2014 and is currently studying for his PhD in American History at Boston College.  He is a contributor to the online history magazine, “We’re History” at http://werehistory.org.



Op-Ed: We Can All Help Protect Long Island Sound 

State Senator Paul Formica

State Senator Paul Formica

Water quality begins at the point of discharge, not in relocation of bottom materials from one location to another.  It is a very important distinction to make when talking about one of Connecticut’s most precious assets, Long Island Sound.

The U.S. Army Corps of Engineers recently released a draft Dredged Material Management Plan.  Digging up the material at the bottom of our waterways is critical to ensure public access and commerce.

This scientific plan is currently under public review.  It clearly shows open-water disposal to be the most cost effective and environmentally compatible method for getting rid of bottom material.  According to the Army Corps of Engineers, open-water placement for the majority of dredged material is the best way to protect Long Island Sound.

Why should Connecticut care?

Dredging is an economic necessity in maintaining access to and from the public waterways, harbors, rivers, coves and marinas. Consider the following about navigation-dependent activities:

  • They produce more than 55,000 jobs
  • They create $1.6 billion in federal and state tax revenues
  • They produce $9.4 billion of economic output in the Long Island Sound region
  • They generate $5.5 billion per year for the Long Island Sound Region’s State’s Gross Product

The Connecticut Department of Energy and Environmental Protection has stated their support for this plan.  It has taken ten years to complete.

What happens if no action is taken on this plan?

No action will result in skyrocketing dredging costs, the closure of Long Island Sound open-water placement locations within a year’s time, fewer maintained ports and harbors, and significant reduction in access – all of which will substantially impair the regional economy.

I urge everyone to join me in supporting this project and helping to protect this Connecticut jewel.

Public hearings will be held Wednesday, Sept. 16, and Thursday Sept.17, one in New York and one in Connecticut.  Please check my website for updates on where and when they will happen.

Your comments can make a difference.

You can read the plan by visiting www.nae.usace.army.mil/ or write to:

U.S. Army Corps of Engineers
New England District
ATTN: LIS DMMP/PEIS Program Manager Meghan Quinn
696 Virginia Road
Concord, MA 01742-2751

Editor’s Note: Senator Paul M. Formica is a member of the Energy and Technology Committee of the General Assembly.


Op-Ed: Connecticut’s Publicly-Funded Campaign System Is A Joke

Suzanne Bates

Suzanne Bates

Here’s one last poll I’d like to see the numbers for — how many Connecticut residents woke up Wednesday morning excited about four more years of Gov. Dannel P. Malloy?

Unfortunately for Republican candidate Tom Foley, it appears voters chose the devil they know (or is it the porcupine?) instead of the devil they didn’t know …

Click here to read the full article by Suzanne Bates, which was published Nov. 6 on one of our partner news websites, CTNewsJunkie.com.


Op-Ed: The Road to Disaster is Paved with Good Intentions — Thoughts on The Boathouse Issue

In 2013 the Old Lyme community was excited to learn that it had been granted a $478,000 Connecticut Small Town Economic Assistance Program (CT STEAP) grant to expand the Boathouse and improve Hains Park.  This grant was made possible by hard-working individuals involved with the District 18 rowing teams and the local Old Lyme Rowing Club (OLRA), which includes rowers from multiple towns in southeast Connecticut.

To oversee the project, the Old Lyme Board of Selectmen established the Boathouse/Hains Park Improvement Committee (BHPIC), with many of the same individuals involved in applying for the STEAP grant.   Initially the $478,000 CT STEAP grant was intended to cover all the costs of the project, so most of the community was happy to let them take the lead.  However, the BHPIC subsequently decided to demolish, rather than renovate, the existing Boathouse, while also removing/reducing other aspects of the project scope (removal of docks and improvement to the public restrooms, and multiple attempts to remove or reduce the size of the replacement basketball court).

These BHPIC decisions had several effects:  nearly doubling the project cost (from $478,000 to almost $900,000); reducing the benefit to the broader Old Lyme community; and potentially putting STEAP grant funds at risk by changing scope without obtaining written agreement from the state.  The BHPIC also proposed the Town of Old Lyme bear the full cost of the budget over-runs, raising the planned cost to Old Lyme taxpayers from $0 to $405,000.

Then, prior to providing the board of finance an opportunity to fully vet the project plans/costs or to prioritize this project versus other potential town expenditures, the Old Lyme Selectmen voted to rapidly push the project through to a Town Meeting to approve the use of $405,000 of the Town’s rainy-day fund to cover this large, unplanned capital expenditure.  The fact that the Town Meeting (Mon, Oct. 6) was scheduled less than one week from first public information session (Wed, Oct 1), and less than one full business day from the second informational session (Sat, Oct. 4) meant that adequate public review and input could not occur.

Prior to the Town Meeting, many community members (including those supportive of improving the boathouse) requested the Selectmen give the community more time for review/input, and to enable key questions/issues to be addressed.  However, the board of selectmen stated that the priority was to allow the BHPIC to begin construction in November, so the project would not impinge on the start of spring rowing season in March.  This rationale did not appear to align with the fiduciary responsibility of the Selectmen to put the best interests of the broader community first, nor did it appear justified since the existing Boathouse is functional (albeit not ideal), and that delaying the project until the following year would not have prevented the rowing teams/clubs from continuing all of their existing programs.   However, the Selectmen rushed forward with the Town vote anyway.

Following the Oct 6 town vote (100-73 in favor of appropriating $405,000 to cover the proposed project cost increase), many in the community asked that time be taken to address the many outstanding questions/issues/risks before going out to bid – after which it may be too late to address them without incurring additional costs/town liabilities.  Some of the issues included:

  • Lack of written agreement with the state on change in scope, to avoid risk of losing STEAP funds.
  • Lack of completed written agreements with District 18 on the transfer of ownership of the Boathouse to the Town of Old Lyme, and for future financial commitments to pay for insurance, operation and maintenance for the new Boathouse.  Without these in place before going to bid, the Town of Old Lyme takes on significant additional risk.
  • Significant code issues have been raised by both the Old Lyme Fire Marshal and Building Official.  Addressing these after the bidding process will result in expensive change orders.
  • Lack of plan reviews and safety assessments by District 18 to get buy-in and address potential issues with the configuration of the Boathouse (particularly bathrooms and locker rooms).  They are to be used by students and maintained by District 18, but do not align with safety guidelines for school construction design prepared by the US Dept. of Education and Dept. of Justice.
  • Last minute efforts to correct the size of the replacement basketball court, and lack of finalization (and broad community input) into a Hains Park Master Plan.  Ideally this should precede finalizing the Boathouse phase, to ensure that all community needs are met and related costs fully understood.
  • Rushing finalization of construction plans/documents, which will not leave adequate time for stakeholder review, and may result in errors that may also lead to costly change orders.

The fact that the Old Lyme Selectmen and BHPIC have initiated the construction bidding process without first adequately addressing these issues is very concerning in itself.  However, after release of the Old Lyme Public Notice Wed, Oct 22, 2014, there may be yet another serious issue:  lack of compliance with state requirements for the contract bidding process.  This must be addressed immediately to avoid potential loss of our CT STEAP grant funding.

Please!  It is time to stop rushing forward recklessly; we need take some time and work together to adequately address the many valid issues/questions raised.  We also need other community members/stakeholders to work with the BHPIC and rowing advocates.  This will be critical to ensuring that the project is most successful, that all of the community needs are met, and that town/state funds are not wasted or lost.

While I am sure everyone involved in the project has acted with good intentions, good intentions are not enough:  “The road to disaster is paved with good intentions.”

Let’s take a step back, and make this a truly inclusive Town project.  Let’s leverage our combined experience and allocated funds to deliver a project that is completed successfully and with the broadest possible community support.


Op-Ed: Coyotes in Town, Be Vigilant, Learn How To Respond

coyoteOur thanks to Joan Bozek of Old Lyme for sharing this important information with LymeLine readers.

My 55-pound yellow Lab, Holly, was charged by two coyotes at 9 a.m. yesterday morning. We were on our daily walk at the junction of the Lord’s Meadow and Lord’s Woods subdivisions in northern Old Lyme when the coyotes charged across the lawn of one of the houses onto the street. Holly was about 50 feet behind both my other, 65-pound Lab and me when the coyotes tried to circle and attack. Fortunately, I knew how to scare them away, and my Labs were not harmed. It was terrifying.

The DEEP responded that the pair was likely out hunting food for their pups and saw my dog as a threat to a nearby den. It is the time of year when coyotes will be more aggressive protecting their young. Still, it was clear to me from the way the pair approached my dog that they meant to do real harm.

The Old Lyme Animal Control officer, Lynn, reports that predator wildlife attacks have become much more common and devastating to our pets. More than 30 cats are missing this year. She told me that coyotes have even attacked a dog on leash. A bobcat the size of a medium dog has been spotted in the Jericho neighborhood. And the fisher cats are particularly brutal. And, these attacks are not limited to evenings and night time.

Both the DEEP and Lynn passed along these tips for staying safe:

  • Know how to scare away predators. Generally, make a lot of low pitched threatening noise and do your best to look really big and threatening to them! It worked for me.
  • Keep your dogs on leash always, particularly at this time of year. In my case, once the coyotes backed off on their attack, Holly, who was not on leash, began to chase one of them! Fortunately, she heard the terror in my voice and stopped on command (this time).
  • Do not leave dogs unattended outside behind electric fences! Both the DEEP and Lynn were adamant on this. Small dogs particularly are easy prey. As I discovered, coyotes have grown bold enough to be around houses and out in the open.
  • Cats are not safe outside. Since even fisher cats are hunting in daylight, outdoor cats are easy prey.
  • Finally, report any incident to our animal control office and to DEEP. They are looking for patterns and true dangers. And they want to stop problems before they escalate into human interactions.

I enjoy living in the woods and respect wildlife. But I want my doggies — my family — safe and comfortable outdoors with me. So please be vigilant and careful.


Op-Ed: Permit or Not? Chocolate Shell Zoning Issue is About a Change of Use

By Jane Schellens:

In response to the question posted in a comment on the LymeLine: “What exactly is at the basis of the complaint against the Chocolate Shell selling coffee and a pastry on this tiny, charming corner in our town”, the issue is that no application for permit with the zoning office was filed for prior to changing the use from a retail chocolate shop to a retail chocolate shop and new café. The entire zoning review process was ignored. This property is a non-conforming, retail commercial use in a residential zone. As such, this property is held to a certain standard to ensure that it does not expand its non-conformity.

All neighbors love the Chocolate Shell retail store, and want to see its continued success. It has been a fixture in our neighborhood that has been enjoyed by people of all ages across Southeastern CT for 30+ years.

The issue at hand, however, is not about the Chocolate Shell retail store that we all love. This is about a new café, in what was formerly the office in the back of the Chocolate Shell, that was opened without obtaining any permits … and that is illegal. If you want to put an addition on your house, you have to ensure it meets with applicable zoning laws and obtain a permit. If you want to change the use of your home and open a bed & breakfast, you have to ensure it meets with applicable zoning laws and obtain a permit. This is no different. The law, is the law, is the law & it is the reason our town is so wonderful. One might think the speed limit on Lyme Street of 25 mph is too slow, but it is the law.

Some are asking what the big deal is about selling coffee and pastries? The big deal is that this is a change in use, and like it or not, seemingly small or not, a change in use requires zoning review and approval. Are you not speeding if you are only going 29 mph on Lyme Street? Is a neighbor who adds on to their house within the setback without approvals not violating zoning laws if they only go 5 feet into the setback? Is a neighbor who operates a Bed & Breakfast only on weekends without approvals not violating zoning laws? While seemingly inconsequential to some, these are all violations of the law.

The Chocolate Shell has changed and expanded its use without applying for the necessary permits. Those of us who have been regular customers of the Chocolate Shell for the last 30+ years know that the addition of freshly brewed beverages made on premises & pastries heated for your pleasure, to be consumed at one of a dozen new tables outdoors on the front lawn on Lyme Street or the terrace on Academy Lane, with its newly configured fencing, all the while enjoying free wi-fi, is a change in use and intensity. You can enter the café using the new entrance on Academy Lane and never set foot in the retail candy store. The fact that the Chocolate Shell as a retail store did not require oversight from the health department but now requires an annual inspection and licensing by the health department underscores that this is a change of use.

Had the permitting process been followed from the beginning, there would be no issue at all. This change in use to add a cafe to a retail chocolate shop would have been either approved or denied … I don’t know what the outcome would have been. What I do know is that the neighbors are not trying to shut down the Chocolate Shell retail chocolate shop as is being portrayed. We’re simply asking that the proper zoning procedures and the rule of law be adhered to.  Zoning is here to protect us … this time it’s my neighborhood … next time it could be your neighborhood.


Op-Ed: Good Fences Make Good Neighbors

By Diane Birdsall:

I attended the ZBA meeting the other night and it was the democratic process at its best and at its worst.  The issue was the cafe license or dba The Chocolate Shell ‘shop and cafe’.

I appreciate the enthusiasm Barbara Crowley has brought to her new bespoke chocolate shop. Warren Hannas, my landlord for the past four years, has made many improvements to the structure and has been a conscientious and fair landlord.

Now lets get down to SOLUTIONS to make our wonderful Lyme Street work for everyone.  Academy Lane is a small, short street and it is primarily a residential area with real people, who have their homes bordering a small complex deeded to do business.

We share front yards and backyards with residents who care and enjoy their private living space.

There has been a serious increase in parking congestion, including SUV’s backing up and squeezing in or hanging out of parking spaces along the side of Academy Lane.  People leave their cars running in winter for heat and their cars running in summer for air-conditioning while they run in.

There are Fed-Ex trucks and UPS trucks that now make two visits each day delivering boxes and ordered supplies to the businesses.  This has been a marked increase.  They too use Academy Lane as their unloading Zone and the size of the vehicle makes for one-way traffic only when they are unloading.  They are quick, but nevertheless, it happens twice a day for each carrier.

We now have two mammoth refuse trucks to unload our two dumpsters — another increase, one for recycled material and the other for refuse.  This is a nightmare maneuvering trick to witness.  The men that drive these vehicles are definitely talented about getting in and out of tight spaces … although it takes them a bit of backing up and going forward a couple of passes before they succeed sounds a-beeping the whole time.  One could do a SNL segment on this event every week.

Parking on the side of the building along Academy Lane is down right dangerous and does not work.

So let’s find a solution!

I believe there can be a decided improvement that would work for all parties.

The side of the building along Academy Lane could be a grassed in area with a curb that runs the length of the building. Possibly one handicap-only parking space could be allotted.  There is good width and plenty of street on Lyme St. to allow patrons to park and shop, I imagine they won’t leave there cars running here.  And commercial vehicles  can certainly use Lyme St. for unloading, as they do for other business that have storefronts on Lyme St.

Why not help everyone here on this issue and make doing business and living in town work for everyone.  I believe all parties are interested in accommodating the other if solutions could be found that benefit everyone.

It is a sensitive issue to have business open at 7 a.m. in what is essentially a residential neighborhood and here is an area that needs to be dealt with sensitively and carefully to make all parties satisfied.  This is an area that needs further consideration.  I guess that is another issue for future talks.

What does that mean good fences make good neighbors …it means we can have our private borders but they should be inviting and neighborly as well.  Business on Lyme Street must be neighborly it is only fair.

And as a little caveat to this opinion, I believe the town should help defray some of the costs by providing the curb [can be black-top], does not have to be granite and maybe a load or two of top soil!  Why not work together to make it a great place?

Good town planning and solutions is what makes for an inviting town for everyone.

March 20, 2014


Op-Ed: Sorry, College Shouldn’t Be For Everyone

cowgill-web-100x181_100_181_86_sha-40Shortly before the holidays, the state announced that college enrollments in Connecticut had suffered a 2-percent decline from 2012.  At a time of economic stress, when Connecticut’s public colleges are a comparative bargain that might keep more students from fleeing to other states, how could this be?  My reaction: Well, duh!

To be fair, the drop in enrollments probably has less to do with anything happening in Connecticut than it does with national trends and the upward pressure on tuitions causing students and their parents to reconsider whether such an expense is really worth it.

Read the full story by Terry D. Cowgill, published today on CTNewsJunkie.com (a fellow member of Independent Media Network (IMN)), at this link.


Op-Ed: Gun Violence Needs A Public Health Remedy

Susan Campbell argues in this column published today on one of our partner websites, CTWatchdog.com, that the nation must take a public health approach to reduce gun violence. She points out, “Labeling something a public health issue is a game-changer. It brings together researchers and policy-makers across all sectors.”

Click here to read the full column.


Op-Ed: Proposed Path to a Safer Society

Sandy Hook School is an earthquake that shakes the soul of human decency. My response:
I acknowledge the right to have a hunting rifle and a pistol for self-defense. The right to self-defense is a root of liberty. Equally important is a coincident right of people who choose not to own a gun: the right to live in a safe and secure society. This right is an indisputable expectation. While I realize this is an ideal that will be difficult to fulfill, we must, for the sake of human decency, respect, and compassion, strive to create such a society. To not strive for this goal is disrespectful and inconsiderate to all people who want to live in peace.
My proposal to create an environment that begins to lead our society down this path is as follows:
1. A gun is not sporting equipment. To equate a gun to sports is akin to saying it is no different than a tennis racquet or basketball. This is an insult to humanity. There is no comparison because their designed purposes are so different – fun and games versus a killing implement.
2. Any weapon that is capable of firing multiple rounds in rapid succession should be outlawed to anyone other than military, law enforcement or security personnel. No one in a civil society should have such a weapon, for its sole designed purpose is to kill. For hunting and self-defense there should be no need for anything more than a single-shot pistol or rifle.
3. Any weapon that uses multiple round magazines or any type of device that loads more than six bullets at a time should be outlawed. Reasons stated in item 2.
4. Anyone caught in possession or ownership of these outlawed weapons and ammunition would be in violation of the law and should be punished with extensive community service or imprisonment.
5. Anyone who currently owns such weapons described in item 2 should be paid to turn them in. They should not be grandfathered.
6. Extensive background checks should apply to 100% of sales in any form for the purchase of legal pistols and rifles.
7. A permit is required to fish. A permit should be required to purchase ammunition.
8. Internet sale of any weapon and ammunition should be illegal.
I urge everyone with a strong opinion on this subject to voice their opinion to their representatives and senators. Time is of the essence. Do not let this moment and these memories fade.
Thomas Soboleski

Op-Ed: The River Fix for Fatal Attraction

The beleaguered American Shad.

The beleaguered American Shad.

With a salmon hatchery program no longer clouding issues, the US Fish & Wildlife Service (US F&WS), National Marine Fisheries Service, and directors from Connecticut, Massachusetts, Vermont and New Hampshire have a singular opportunity to redeem the Connecticut River restoration.

They’re currently making choices for restoring migratory fish north to Bellows Falls, Vt., begun under the 45 year-old New England Cooperative Fisheries Compact. The decisions stem from the 1965 Anadromous Fish Conservation Act. They’ll seal this ecosystem’s fate at four federally-licensed dams and the Northfield Mountain Pumped Storage Station until 2058.

US F&WS’s Region 5 Director Wendi Weber, John Warner, and Ken Sprankle will join National Marine Fisheries’ Daniel Morris, Julie Crocker, and Mass. Fish & Wildlife’s Caleb Slater in making the decisions—with input from state directors. Their 1967 mandate is restoration of shad and herring runs to offer the public “high quality sport fishing opportunities” and provide “for the long-term needs of the population for seafood.”

Sadly, in 1980 their predecessors abandoned two miles of the Connecticut to the power company operating at Turners Falls and Northfield Mountain. By allowing privatization of the river at mile 120, they killed chances of passage success for millions of American shad barred from spawning at Greenfield, Gill and Northfield, Mass., right to the foot of Bellows Falls at Walpole, N.H. at mile 172. Unwittingly, they also continued the decimation of the ancient spawning grounds of the river’s last, 300, viable federally-endangered shortnose sturgeon.

Instead of mandating river flows and a direct route upstream to a lift at the dam, they acquiesced to diverting migrants into a power canal. That Rube Goldberg–a three-trick knot of currents and ladders, proved an utter failure to the hundreds of thousands of shad moving upstream annually through elevators at Holyoke Dam. There, via a lift built in 1955, 380,000 American shad streamed north in 1980. It’s the East Coast’s most successful fish passage; it by-passes the city’s canals.

Half or more of those shad swam upstream; but foundered in the treacherous Turners Falls complex. At the dam, just as today, some depleted their energies by treading water for weeks—washed back and forth by a power company’s deluge-and-trickle releases, finding no elevator or upstream entrance. Many eventually turned back, only to be tempted by spill from their power canal.

Fish unlucky enough to ascend the ladder there found a desperate compromise. Over 90% wouldn’t exit alive. Just as today, alien habitat and extreme turbulence overwhelmed them. Only 1-in-100 emerged upstream. For the rest, a turnaround spelled almost certain death in turbines. Others lingered for weeks in an alien canal environment, until they expired. Just as today.

This year over 490,000 shad passed Holyoke. Half or more attempted to pass Turners Falls. Just 26,000, or 1-in-10, swam beyond the dam–a percentage consistently reached in the 1980s. This is described as “success” by US Geological Survey Conte Lab scientists, Dr. Alex Haro and Dr. Ted Castro-Santos, after 14 seasons of canal study. In work garnering annual power company subsidies, they’ve attempted to model that canal is a viable migration path.

I interviewed Dr. Haro in 2007, subsequent to a 1999-2005 study finding shad passage at Turners Falls had plummeted to “one percent or less” directly on the heals of Massachusetts 1999 energy deregulation for the Northfield Mountain-Turners Falls’ complex. I asked why passage had failed there, “I wouldn’t call it failure,” Haro replied.

Fish passage saw no significant rebound until 2010, when the effects of GDF-Suez’s Northfield Mountain plant were stopped cold for 6 months—sanctioned by the EPA for massive silt dumping. Likewise, Dr. Castro-Santos’s claims to passage of one-in-10 fish as progress seem deeply troubling when his findings, after 14 years, are just now revealing shad dying “in droves” in that canal, “We don’t know why.”

In 1865, James Hooper, aged 86, of Walpole, N.H. reported: (from The Historical Society of Cheshire County (NH)“The area just below Bellows Falls was a famous place for catching shad because they gathered there but did not go up over the falls. The fish were caught with scoop nets. One spring Hooper helped to haul out 1300 shad and 20 salmon with one pull of the net.”

Citizens upstream of the 1798 Turners Falls Dam need not accept the dead shad runs and severed ocean-ecosystem of the last 214 years at a dam operated to cull price-spikes from the electricity “spot market.” An 1872 US Supreme Court decision against owners of Holyoke Dam mandates passage of the public’s fish.

Nor do citizens from Old Saybrook, Conn., to Bellows Falls have to accept endangered sturgeon, a lethal canal, and a dead river at mile 120. After 32 years of fatal attraction at Turners Falls, its time to stop steering fish into a canal death trap. Holyoke proves that’s possible.

Editor’s Note: Karl Meyer lives in Greenfield, Mass. He is a member of the Society of Environmental Journalists.