Town attorney briefs New Canaan wetlands commissioners on interventions, hearings and conflicts

New Canaan — Town attorney Pete Gelderman gave a legal briefing to the New Canaan Inland Wetlands Commission on Sept. 15 that covered when third parties may intervene in proceedings, when the commission must hold public hearings, how the record and expert evidence determine outcomes, and safeguards against improper outside contacts. "There's a state statute 22 a dash 19, which permits any person to file a verified petition for intervention in any, administrative matter," Gelderman told the commission, explaining that an intervention petition must be sworn, must allege specific facts about likely unreasonable pollution to wetlands or watercourses, and can make the petitioner a party to the proceeding.

Gelderman told commissioners they generally should vote on the underlying permit application first and then separately decide whether an intervener met the burden to show unreasonable pollution. "If a application is you deem has no adverse impact on a wetland or watercourse, then it's almost certain that the intervener hasn't met their burden," he said. He described the practical effects of party status: interveners receive…