Page 7 of J. McKay's brief to the DEP.

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 Applicant’s 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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