There are many very specific requirements for building a dock in a sensitive environmental area. Where the dock crosses wetlands the height has to be at least as high as its width, usually 4ft or a foot taller than the highest plant at peak season. A 5ft tall person has to be able to walk under the dock without bending over at high tide. A float can only be 10'x10'. if there is underwater vegetation, you can't have a floating dock and you're boat must be hoisted in the air. A variety of groups have to approve the dock including the EPA and the Army Corps of Engineers. Finally you build the dock. What constraints limit the boat(s)? None!  What exactly does this mean? I have reviewed this carefully with DEEP and have concluded the following:

1. In a scenario where no float is allowed, the property owner could have a 50' long houseboat 20' wide. That's 1,000 square feet!
2. A huge boat with twin 800hp engines, that draws so much water that the propellers touch bottom, could be used despite the fact that it would destroy underwater vegetation in a large area from its massive sediment plume.
3. While dredging is never approved for residential property, the boat described above could plow its own channel without violating any regulations.
4. The only limit to boat dimensions is whatever the property owner is willing to try. If the bottom is soft mud, the only downside is your boat might get stuck, and you have to wait for the tide to come in. 
5. If a floating dock is allowed, it needs to be designed so that it doesn't sit on the bottom during low tide since this could damage the bottom of a fragile ecosystem. However, it is OK if houseboat ten times bigger than the floating dock sits on the bottom. 
6. You can't get approval to build a house on your dock because housedock would harm the ecosystem. It is ok to keep a huge ecosystem killing houseboat,  at your environmentally safe dock.  

1. Precedent. The project will allow large docks with lifts to be built on small pieces of land without a house. Owners of these docks won't have to even live on the island, and the size of the boats hoisted in the air is not regulated. Hoists are easily capable of lifting a 50 ft boat. The boats have to be high enough to clear extreme high tides and storm waves. These are large structures that block light required for eelgrass, and they obliterate views that Masons Island is blessed with. Once built there is no control by local or state authorities over what boat can be berthed at the dock. A 35 ft Sport fisherman with a height of 25ft, or an even bigger boat, is a real possibility!  

2. Tidal Wetlands. The location of this proposed dock is mostly Tidal Wetland. The protections built into the zoning regulations for properties zoned as Tidal Wetlands (RC-120) don't apply to this property because of a Zoning Loophole. The property is zoned RA-15 "Residential," so digging, filling and other potentially harmful activities can be conducted within inches of Tidal Wetlands.  State and local authorities are aware of the issue, but correcting it may take time; The state may need to pass a law requiring townships to protect tidal wetlands with non-infringement zones. I alerted the  CT Council on Environmental Quality (CEQ), and they are looking at ways to more quickly resolve the issue. In the meantime, property owners are taking advantage of the loophole and damaging tidal wetlands. In the picture below you can see this doesn't look like residential property. The area in blue(below) shows the extent of high tides that are seen several times a month. The property is an Island surrounded by Tidal Wetland as defined by CT law. 

3. Environment. The location is very shallow and has beds of eelgrass. This fragile ecosystem will be severely damage by the construction and use of the proposed dock. The massive floating 160 sq ft dock will be very close to the bottom and will completely shade vegetation below it. Wake from boats in the channel, can reach heights of 3 ft., which would create extreme motion of the floating dock that could crush a kayak or person.  The prop wash will gouge troughs in the bottom and spread sediment that can cover and kill underwater vegetation. The site is also a popular nesting area for a large variety of migratory birds. 

4. View. The dock is very long and will have lifts that hold the boats high in the air. The 54 foot long, elevated walkway, will have railings as high as 15ft above the beach during low tide! This part leads to a 34 ft ramp and an 8 x 20 ft floating dock. This will effectively destroy many of the views that residents enjoy as they walk down Schoolhouse Rd. It will look absurd from the water, and will inconsistent with any other docks in the area. Imagine what the island would like with these monstrosities along the coast!

5. Violations of CT wetland law were identified on the site. Gravel was dumped to create a "Beach" and a driveway was built that covers tidal wetlands as defined by CT law. The property owner was forced to remove the gravel and repair the site. This a serious offense that carries serious financial penalties. The picture below shows remediation in progress. 

Allowing this Project to proceed as planned, would set a horrendous precedent for the Island. Small properties, inadequate for houses, could be sold for the sole purpose of building huge docks with lifts.  Residence on the island would not be necessary. Residents with existing homes would have their view blocked while the owners of the docks would not. There are no mechanisms in place for local or state authorities to limit boat length or height. If approved, others can argue they they should be allowed to do the same thing. Is this really possible?

Some background. Waterfront property owners only own land to the Mean High Water (MHW) mark. All the land beyond that is Public Property; They don't own any of the beach that is exposed when the tide goes out, and they don't own the view. The public has a right to use the water for activities like swimming, fishing and kayaking.

1. Zoning. Stonington Zoning establishes different property categories(zones) and how they can be used. There are Permitted uses and Accessory uses. For a residential zone the Permitted use is being allowed to build a house. There are typically many Accessory uses or structures. However, the definition of Accessory is that is must clearly be subordinate to the principal building. This prevents somebody from by the lot next to you and and using it for something other than a house; Like a giant garage. Stonington zoning does not have language that would allow an accessory to "stand alone" which means a property with a dock and no house not be permitted. This project would give accessory uses a green light. Here are some of the Accessory uses that would no longer need a house:

Barns, silos, greenhouses, solar and energy conservation equipment, garages, produce stands, parking lots, commercial truck parking, tennis courts, and up to 2 grazing animals

It is easy to see why in a residential area you need a residence before you can add an accessory.

However, Stonington Zoning and Planning have permitted accessory uses despite the fact that the Zoning Regulations to not authorize it.

2. Harbor Management. This project violates the Mystic Harbor Management Commission (MHMC) Plan that states:

“The architecture, size, materials, color, and texture of new structures should be blended with the existing qualities and characteristics of the surrounding manmade and natural environments.” 

“Visual access to the water should be maintained, improved, or enhanced.” 

"Excessively long docks for example might unnecessarily block fairways outside marked channels or ​infringe upon mooring areas or other reasonable uses of the water by the public."

"Site planning and design features which limit or avoid negative visual and aesthetic impacts or which create positive visual and aesthetic impacts on the site and on the surrounding area should be incorporated"

"The scale of the proposed facility should be the minimum necessary to secure a legitimate water-related function."

These statements are completely inconsistent with a 100 ft dock, 15 ft high with lifts capable of hoisting a 50 ft boat above the highest tides and waves. the total height of a 40 ft Sport Fisherman could easily exceed 40ft!

If the MHMC approves this project, it will be compelled to allow all similar projects. Virtually no dock proposal would be too extreme.

28 SchoolHouse much smaller than the minimum for Costal Wetland properties. The property is zoned RA-15, Residential Single Family instead RC-120 Costal Wetland. Let's look at the descriptions from the Stonington Zoning 2018 Document and see some examples. Also see how this relates to the minimum lot size requirements.

The Department of Energy and Environmental Protection (DEEP) has jurisdiction over dock permits in CT.; specifically it's Land and Water Resources Division (LWRD). New docks are also regulated by the U. S. Army Corps of Engineers.

The reasonable right to access navigable water from waterfront property is called a "riparian" or "littoral" right.