7. The Proposed Final Decision fails to strike an appropriate balance
between the riparian rights of the applicant and the rights of the public
under the Public Trust Doctrine.
On the one hand, we have the personal recreational convenience of an individual.
On the other, we have the right of thousands of citizens to safely navigate
and to enjoy the unique vistas and viewpoints of the most popular destination
along the state's namesake river. There is no public benefit in the former
and great public benefit in the later. To hold that they are in proper
balance, particularly in light of the easy availability of commercial
marinas and public access ramps, would be to elevate the right to "wharf
out" above those of the greater good of the public. Such was never
the intent of our law and to hold otherwise would be in error. State v.
Sargent and Company, 45 Conn. 358, 372(1928).
Conclusion
For the reasons stated herein, Intervenor Connecticut River Committee
for the Public Trust respectfully requests that the Commissioner reject
the Proposed Final Decision in this case and deny the Applicants
application for a permit for the proposed dock on the Connecticut River
in Chester.
Submitted on Behalf of the Connecticut River Committee for the Public
Trust
James S. McKay
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