Is the Board of Education above the law?

FI-Letter-to-the-EditorTo the Editor

Everyone knows if you materially change an approved final site plan, then you must go back to the Planning and Zoning Commission (P&Z) before you can start building.

This is true for our homes, it is true for our businesses and it is equally true for our schools.

It should not be necessary to point this out.

Apparently, the Greenwich Board of Education (BOE) believes it is above municipal, state, and federal law, notwithstanding the fact it agreed three months ago to adhere to those very laws or face severe Environmental Protection Agency (EPA) sanctions.

The “Toxic Substances Control Act (TSCA) MISA PCB Remediation Permit Approval Terms” accepted by the BOE on December 10, 2012 stipulate no government agency (EPA, DEEP, Selectmen, BET, RTM, etc.) may consider any change to the originally approved “MISA Final Site Plan” that fails to undergo a rigorous permitting process based on a statutorily defined legal document known as a “Final Site Plan” which must be certified to “A2 Standards” by a “Licensed Land Surveyor” pursuant to “The Clean Water Act” (CWA); The “Connecticut Environmental Protection Act” (CEPA); and Greenwich Municipal Code.

The MISA “Bifurcated PCB Remediation Final Site Plan” submitted to EPA by AECOM was never approved by P&Z. It has now been withdrawn by BOE from consideration by the Board of Estimate and Taxation (BET) and the Representative Town Meeting (RTM) and cannot be resubmitted to any “Government Agency” until it has obtained all required federal, state and town permits and approvals.

This is a process that will take years, if it can be accomplished at all.


Bill Effros

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