    [From the U.S. Government Printing Office, www.gpo.gov]

                                                                                   planning report no. 8

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             the connecticut coastal area management program

                                            RESIDENTIAL ASSOCIATIONS

                                                IN THE COASTAL AREA

                                                  Preoared for the
                                                 STATE OF CONNECTICUT
                                       DEPARTMENT OF ENVIRONMENTAL PROTECTION
                                          COASTAL AREA MANAGEMENT PROGRAM
                                                        by
                                                ,Linda B. Krause
                                                   December 1976

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                                                                            71 captol avenue hartford. conn. 06115

                                                 P R E F A C E

                          This report was prepared by Linda Krause under the supervision
                     of staff of the Connecticut Coastal Area Management Program. Mrs.
                     Krause was an environmental intern with the CAM Program under the
                     auspices of the Massachusett's Audubon Society's Environmental Intern
                     Program. She is currently a candidate for a Masters degree in
                     Community Planning at the University of Rhode Islandhaving received
                     her B.A. in Economics from Simmons College. In addition, Mrs. Krause
                     is chairman of the Groton Inland Wetlands Commission and a member of
                     the Southeastern Connecticut Regional Planning Agency.

                          This report is meant to provide a view of the activities of
                     residential associations in the coastal area and suggest considerations
                     for the role of associations in a coastal management structure. Views
                     or opinions herein expressed are those of the author and are offered
                     to provide insight and stimulate discussion on these issues. The
                     report does not necessarily reflect the policies, official or unofficial,
                     of the Connecticut Coastal Area Management Program or Advisory Board.

                          This report was financed in part, by a grant through the Office
                     of Coastal Zone Management, National Oceanic and Atmospheric Admin-
                     istration of the U.S. Department of Commerceunder the Coastal Zone
                     Management Act of 1972.

                                            T A B L E 0 F C 0 N T E N T S

                                                                                                Page
                       TITLE'PAGE  . . . . . . . . . . . . . . . . . . . . . .... . . . .

                       PREFACE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                       TABLE OF CONTENTS   . . . . . . . . . . . . . . . . . . . . . . . .        v

                       114TRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . .        1

                       PART I: KINDS OF ASSOCIATIONS IN THE COASTAL AREA       . . . . . . .      3

                       PART II: RELATIONSHIPS WITH THE TOWNS      . . . . . . . . . . . . .       9

                       PART III: RELATIONSHIPS WITH THE STATE      . . . . . . . . . . . . .      15

                       PART IV: THE ROLE OF ASSOCIATIONS IN A COASTAL
                       APPENDICES MANAGEMENT STRUCTURE                                            23

                            APPENDIX A:    RESIDENTIAL ASSOCIATIONS AND
                                           DISTRICTS  . . . . . . . . . . . . . . . . . . .      A-1

                            APPENDIX B:    MEMORANDUM ON THE RELATIONSHIP OF
                                           GENERAL LEGISLATION AND SPECIAL
                                           ACTS . . . . . . . . . . . . . . . . . . . . . .      B-1
                            APPENDIX C:    TESTIMONY BEFORE THE COMMITTEE ON                     C-1
                                           CITIES AJD BOROUGHS, April 24, 1963

                       ILLUSTRATIONS

                            Areas of Independent Zoning, 1976

                                             I N T R 0 D U C T 1 0 W

                          Along Connecticut s Shoreline, as in other areas of the state,
                     groups of residents have banded together in associations or in quasi-
                     governmental special districts in order to provide such benefits as
                     are better secured collectively than individually. Whether to provide
                     garbage collection and road maintenance or to retain privacy in the
                     use of recreational facilities, residents of relatively small circum-
                     scribed geographical areas have come together in order to better serve
                     common needs. Smaller than towns, usually consisting of a single
                     neighborhood, special residential districts and associations come in
                     many forms. Some are established by special acts of the state legislature
                     and have been given specific powers comparable or equal to those Of
                     the towns in which they are located. Other associations which have
                     been formed by special acts are more restricted in their powers, their
                     special acts having been less generous.  There are also associations
                     which were not established by special act, but rather, are incorporated
                     as non-stock corporations within the state and subject to the powers
                     and restrictions which the state has defined in the Non-Stock Corporation
                     Act.

                          There are many kinds of special districts, formed to provide a
                     variety of services. Some are single function districts, established
                     to provide one service only, such as fire protection, sewers, or more
                     recently, transportation. This report will not deal with these single
                     function districts; its subject is those multi-function cooperative
                     efforts which are, in some way, exerting control over the resources of
                     the Connecticut coast.  This report is concerned with those areas where,
                     the residents of small sub-town divisions have very significart control
                     over the use and development of their particular area, in some instances
                     independent, for all practical purposes, from the decisions made by the
                     officials of the town in which they are located.

                          This report seeks to identify such areas and describe the origin
                     and extent of their authority. The relationship of these areas to the
                     towns in which they are located will be discussed. The degree of
                     influence and impact of these associations on the resources of the state's
                     coastline will be explored. Finally, the role that these associations
                     can and should play-in the future manacement of the state's coastal
                     resources is examined.

                          This report begins with alook at the many kinds of,associations and
                     districts. It is a descriptive report, intented to show the great variety
                     of collective efforts that have been undertaken by shore residents. (A
                     more systematic inventorying of the existing associations is available
                     in Appendix A of this report).

                          Part II discusses the relationship of the resident groups to the
                     towns in which they are located, based on discussion with association
                     members'and town officials in several coastal towns. Financial ar-
                     rangements, the kinds of services provided, and attitudes about the re-

                                                     -2-

                   lationships were the subject of numerous  individual discussions in the
                   Past few months, and much of the information in this report resulted
                   from these discussions.

                        The relationship of the residential associations and districts
                   to the state is, foremost, a legal one.   The powers of the associations
                   are derived from the state, whether it be through special act or
                   through the filing of a certificate of incorporation.   The state
                   legislature has created the associations, as well as general legislation
                   that cuidds their behavior.  Part III looksatthe legal foundations for
                   the associations and districts. (Appendix B examines some court
                   cases which have a direct bearing on the extent of authority of the
                   associations and their relationship to other governments).   Part III
                   also looks at the political relationship of the associations and
                   districts to the state as a whole.

                        The final chapter is a discussion of aspects which should be
                   considered concerning the role of coastal residential associations in
                   a coastal management structure. The choice of a local implementation
                   option as the focus of a Connecticut coastal management systen, requires
                   a realistic assessment of the contributions and limitations that special
                   residential associations oose for such an option. When control of the
                   resources of a large portion of the state coastal area lies with the
                   residential associations rather than with town governments, a management
                   structure will not be effective unless it deals constructively with the
                   associations.

                        Note on terminology: "Association" will be used to mean all
                        chartered residential multi-functional groups in the coastal area.

                              P A R T I:     K I N D S    0 F   A S S 0 C I A T 1 0 N S
                                       .1 N T H E C 0 A S T A L A         .R E A*

                           Boarded and secured for the winter, summer cottages stand bleakly
                      on their pilings and, shoulder-to-shoulder, stare out across the sandy
                      beach to the windswept Sound. An occasional town police patrol car is
                      the only sign of life. A short way down the coast, in another area,
                      boarded cottages are interspersed with houses where cars are parked in
                      driveways and laundry flaps on the clothesline.     In yet another area,
                      a uniformed guard turns back the casual sightseer who approaches the
                      guardhouse next to the large stone columns. Beyond him, the observer
                      can catch a glimpse of rooftops and chimmneys through the trees. Con-
                      tinuing the drive along the coast, the observer finds a wide range of
                      scenery - unoccupied summer homes, small housing developments with
                      toddlers playing on their backyard swings, and large grassy-lawns slo-
                      ping down to the rocky shore of Long Island Sound.

                           What these sights have in common is that in each instance the
                      homeowners of the area are part of a residential association. Associations
                      have many purposes. In summer neighborhoods', maintenance of the associati.on
                      beach and the provision of lifeguard service may be the most important
                      function.   Others provide garbage collection, or police protection, or
                      operate a water system. Some associations own and maintain private roads
                      within their boundaries. Building and lot lines, restrictions on con-
                      struction and uses, or even full zoning power may be employed in order
                      to retain the character most desired by the association residents. In.
                      numerous associations, one important way to maintain a desired character
                      is to keep outsiders out, often for very practical reasons such as the
                      avoiaance of crowded beaches and traffic hazards. Safety, health,
                      property values, and privacy are major reasons for the formation of as-
                      sociations.

                           In order to financially support collective efforts, some associations
                      have been given, by SPE-Cial act, the power to tax.    Others vote to levy
                      annual assessments p er member or per household, or collect dues.

                           Associati@ons vary in terms of the powers and authority that they
                      have or that they use. Some have powers equal to that of towns. Others
                      may perform no municipal functions at all. Some are established by special
                      act of the leqislature, while others become incorporated through the
                      filing of a certificate in the office of the Secretary of State. The
                      source and extent of association powers is discussed in Part III.

                           *For an inventory of coastal associations, listed according to the
                            town in which they are located, see Appendix A.

                                                        -3-

                                                         -4-

                         Although actual   powers vary widely, there is a great similarity
                   among special acts which have established many of the associations.
                   An examination of special acts establishing associations or amending
                   association charters shows that similarities are grouped in several
                   ways. Often, associations within the same town or in neighboring towns
                   may have virtually identical charters (although this does not mean that
                   the associations have evolved in similar fashion). Associations in
                   different parts of the coast may have similar charters if they were
                   established around the same time period. Many of the earliest special
                   acts provide for the establishment of a sanitary board with responsi-
                   bility for regulation and collecting garbage..l/ The early intrusion of
                   garbage problems as density increased in summer- cottage areas can be
                   imagined.   Sanitary boards sometimes had the responsibility for providing
                   sewers or a community water system.      Turn-of - the- century health pro-
                   blems were obviously a stimulus for early associations.        Later amend-
                   ments and special acts provided for the establi.shment of      a governing
                   board , who, in addition to health responsibility, might       be charged with
                   creating, improving or maintaining highways, and controlling traffic and
                   parking.       The age of the automobile had arrived.

                         Although the character of year round residential associations may
                   be very different from those active only in the summer, that difference
                   is not always apparent in the charters of the associations. Persons
                   who live near the shore all year have felt many of the s.ame needs 'which
                   caused summer residents to join efforts to provide common service.
                   Year round'associations usually own and operate an association. beach or
                   other recreational facilities, and may or may not own roads, sewers,
                   or water systems.    There is also very little in individual associations
                   charters and amendments to indicate a shift from summer only occupancy
                   to year round use. One indication is often a,change in the date of the
                   annual meeting, from the summer months, when summer residents would be
                   able to attend, to a date in March, April, or another winter month.

                         It is a tribute to flexibility that similar charters can serve
                   for such diverse associations as exist along the shore.        Even with
                   many similar powers, associations differ in their socio-economic
                   characteristics, in their densities, and in their sense of group identity,
                   and in their evolution.

                         Although, virtually no shore  residential area property can be con-
                   sidered inexpensive, the cost of    homes varies greatly. In an area of
                   smaller non-winterized cottages,    the relatively low market price of
                   $20,000 to $40,000 may not reflect the initial cost to long time owners,

                         ISee Short B each Improvement Association (12 SL 93) March 28, 1895.
                         2See Grove Beach Impro,vement Association (18 SL 134) May 1, 1919.

                     some of whom could not afford to purchase their homes at today's market
                     prices. Winterized former summer homes generally demand a higher price.
                     In Groton Long Point, an area which is rapidly becoming year round, with
                     the coming of sewers, current market prices range from $50,000 upward
                     of $100,000. 3/ At the western end of the coast, property with acreage
                     in Westport or Darien may sell fro m $250,000 up. 4/

                          The cost of residential property along the shore may be a function
                     of density, as well as proximity to major employment centers. Densities
                     range from multi-acre estates to individual lots barely larger than
                     the summer cottages that occupy them. In Old Lyme, for example, cottages
                     line the beach in one association with scarcely enough room to walk
                     between them. 5/ Such high densities in sensitive ecological areas often
                     create problems of sewage disposal. It is possible to find an il-
                     lustration of almost any kind of density for detached single family
                     residences. There are fewer areas which include multi-family dwellings
                     or commercial activities such as hotels and motels. Commercial rental
                     activity consists mainly of individual,house rentals, either on a
                     seasonal or weekly basis. Camps, boarding houses and hotels are specif-
                     ically prohibited or regulated by many associations. 6/

                          The social aspects of associations are as variable from one to
                     another as the variation in densities. Some associations are truly
                     summer "colonies" which provide extensive opportunities for organized
                     interaction through recreational programs, picnics, and the like. Often
                     their children marry each other and their grandchildren play together. 7/
                     There appears to be an increasing trend toward year round occupancy by
                     retired association members, a fact mentioned in interviews with individ-:@..
                     uals all along the shore. Smaller homes, near life-long friends, and in
                     a pleasant setting, provide an attractive retirement choice for many. In
                     other areas with more rapid turnover in property ownership, the social
                     aspects of the association are minimal, definitely secondary to the
                     functional aspects of the association.  Privacy may be more valued than
                     social interaction, and the maintenance of private roads and guards
                     paramount.

                                     New London, Conn. "Local Property Transactions".
                          4Connecticut.  December 1976. pp. 23-25.
                          5Sound View.
                          6See the charter of Black Hall Association, Old Lyme., (25 SL 734).
                          7For the "flavor" of a summer colony, see The Day, New London, CT.
                           August 10, 1976

                                                      -6-

                         One of the determinants of the character of an association is
                   its historical background. Sachems Head in Guilford was once the site
                   of a large summer hotel, to which a steamer from New York brought guests
                   for summer outings. 8/ Although the hotel has long since been destroyed
                   by fire, a sense of its historic past remains. The BoroUqh of Stonington
                   in the town of Stonington is more than a residential association. Like
                   the area of Noank in Groton, "Stonington Village" was an early population
                   center whose economic life was based on the sea. VPry different in
                   evolution frori Sachems Head, such early economic centers may have similar
                   powers and functions to the more-recently developed summer resort as-
                   sociations. Their existence poses similar problems and opportunities
                   for coastal Mdnagement.

                         Sachems Head is now approaching complete conversion to year round
                   occupancy, j/ There are, however, some associations which are still
                   for summer-only residences.    In Old Lyme, as in other areas, one of the
                   factors restricting conversion to year round occupancy is the water su     *pply.
                   Sufficient for summer use only, some water supply systems are antiquated
                   and inadequa te for full time use by present standards. The expense
                   of upgrading the system and the lack of readily available means of
                   increasing capacities is a barrier to greater than seasonal use. IQ-/ Septic
                   Systems, which may be barely adequate for seasonal use, may also cause
                   increasing problems when year round occupancy occurs.     Summer cottages
                   in hign density areas lack the space necessary to improve and enlarqe
                   septic systems.

                         Another type of association character is found in those areas which
                   were, from the start, intended for year round residential use.      Unlike
                   the economic centers such as the Borough of @itonington, these associations
                   are residential only. Sometimes the creation of a single developer,
                   these associations are designed to protect the amenities of the development.
                   They do not differ substantially in character from many non-coastal as-
                   sociations.   They are not, like the summer resorts, products of an era,
                   before air conditioners, when people sought the cooler climate of the
                   shore during the hot summer months. They are an effort to restrict the
                   rights of individual property owners, often in such matters as taste and
                   aesthetics, in order to preserve property values. Mumford Cove Association
                   in Groton and the Old Quarry Association in Guilford both originated as
                   year round associations.   First used,by developers of areas with single
                   family detached horres, such residents associations are now frequently

                         8Town Pla nner, Town of Guilford.
                         9Data from SCCRPA shows 90% of the homes are year round.
                        10 Director of Health, [own of Old Lyme.

                                                       -7-

                     established by owners of condominium property. Ll/ An examination
                     of residents' associations along the shore shows several condominium
                     associations in the more urban areas.

                         To speak of residential districts and associations as a single
                     group is deceiving. Despite the many similarities in their charters,
                     those areas aiong the shore in which residents have organized are
                     extremely diverse.  The associations like Field Point Park in Greenwich
                     and Tokeneke in Darien are some of the wealthiest areas of the state. 12
                     At perhaps the other extreme, the high density mixed use area of Sound
                     View in Old Lyme has been termed a "blight" by numerous sources. There
                     are associations of all kinds, each holding some degree of control over
                     the resources of the coastal area.

                            For discussion of the development and legal issues of home owners
                            associations, see "Residential Private Governments:  An Introd-
                            uctory Survey" in The University of Chicago Law Review, Volume
                            43, #2, Winter 1976, by Uriel Reichman.
                           1.2 Connecticut. December 1976.

                          P A R T II: R E L A T 1 0 N S H I P S W I T H T H E T 0 W N S

                            Relationships between coastal towns and the residential as-
                       sociations located within them range from practically non-existent to
                       intense, and from excellent to terrible. Relations are usually poor
                       when overlapping functions and financial disagreements occur; they
                       may be non-existent when the town and association each go thei.r separate
                       ways or when the association is very i6ctive.

                            Many associations which have historically been summer-only
                       resorts were organized at the time that certain services were desired
                       that were not then provided by the town. Many coastal towns were
                       largely rural in nature, and provided a minimum of services through a
                       part-time government. Times have changed, however, and increasinqly,
                       urbanization has brought increased activities and expenses for most
                       coastal towns. Towns now provide many of the services that associations
                       were formed to provide. In some instances, towns have taken over these
                       functions from the associations.    In others, associations have chosen
                       to continue to provide such services for themselves. Garbage collection,
                       an important early reason for creating some associations, is frequently
                       performed by the town. Maintenance and improvement of roads within the
                       associations is one function that still is performed primarily by the
                       associations, although some contract with the town to provide that
                       service. Separate police service is also still common, especially on
                       a part time basis or a seasonal basis. There is, apparently, increasing
                       cooperation between association and town police. In many areas, town
                       police regularly patrol association streets in the winter.

                            One of the factors which has made it difficult for towns and as-
                       sociations to ignore each other has been the property tax. As the
                       demand for services has grown in the coastal towns,-the cost of those
                       services has risen.   Members of residential associations, whether they
                       use or receive town services or not, are taxed by the town for the
                       provision of those services. As taxes rise, association members in-
                       creasingly resent paying for services they do not receive. In addition,
                       commonly-owned association property has generally been considered taxable
                       by the towns. 13/ High market prices for shore front land have been re-
                       flected in increased assessments, making the tax burden even more        dif-
                       ficult for summer residents.

                            13 In Sachems Head Property Owners Association v. Guilford, 112 Conn.
                              515, 152 A. 877 (1931), property used for public purpose such as
                              streets and sewers was tax exempt, but in Laurel Beach Association
                              v. Milford, 148 Conn. 233, 169 A. 2d 748 (1961), the Court held
                              that property used for recreational purposes, such as beaches, docks,
                              and recreation halls, is not "used for a public purpose" and thus
                              is not exempt from paying taxes.

                                                           -9-

                                                      _10-

                        On the other hand, the conversion to year round use of former
                   summer housing has led to a greater use of town services by residents
                   of the association areas. This has been especially true of the ed-
                   ucational system, one of the largest expenses for coastal town govern-
                   ments. Realizing that they have been paying taxes at the same rate
                   as year round residents, although receiving less service, summer resi-'
                   dents have begun to demand more from the towns. Some towns have respond-
                   ed with increased service, such as police or garbage collection. In
                   Guilford, the town plows many association roads during the winter. Others
                   make annual allotments back to associations that provide their own ser--
                   vices. In Old Lyme,the largest association, Point O'Woods, receives
                   $3600 annually, while smaller associations including Old Lyme Shores,
                   Old Colony Beach, Miami Beach and White Sand Beach, receive $1800 each.  14
                   In Groton, the Groton Long Point Association receives $28,000 for
                   police protection and $12,000 for road maintenance annually. 15/ Always
                   a disputed figure annually, the payments for highways were th6--subject
                                               The act makes provisions for state-assisted
                   of a special act,in 1973.
                   negotiations in the event that a figure cannot be agreed upon. 16/

                        Demands by association residents for increased service or for
                   a return of some of their taxes through payments to the association
                   have stirred resentments that non-association members may feel about
                   the exclusive nature of many associations. The funds for the Groton
                   Lon*g Point police have been challenged by some town officials who resent
                   allocating funds for police whose primary purpose, they claim, is to
                   keep non-members out of the association area.   Many towns with inadequate
                   access to the water or to beaches are unhappy to see such resources
                   maintained for the exclusive use of a small number of individuals in
                   the associations.

                        Another area of friction between towns and associations may be that
                   of land use controls. The power to zone and control undesired uses,
                   independent of the town zoning officials, is held by eleven associations
                   or districts along the coast. 171 Each of these areas has been granted
                   zoning power explicitly by a special act of the General Assembly. A
                   very few other associations who have been authorized, by special act,
                   to establish their own zoning have not chosen to do so. 18 /Many of the

                        14Proposed Budget 1976-1977. Town of Old Lyme, Connecticut.
                        15Town of Groton Proposed Budget 1976-1977. March 15, 1976.
                          Account number 240.6 and 240.5.
                        16S.A. 73-108, June 17, 1973.
                        17Areas with independent zoning are identified in Appendix A and are
                          illustrated on a series of maps which follows the text of the report.
                        18The associations in East Lyme (see Appendix A) are one example.
                          Although they have explicit power to zone, the town zoners exercise
                          jurisdiction in the association areas. The associations do conduct
                          additional regulatory activity, beyond that of the town zoners,
                          however.

                      harters established or amended by special act contain provisions for
                     regulating construction, establishing building lines, regulating the
                     c

                     number and kind of structures on a lot, and prohibiting certain uses.
                     Whether or not this constitutes "zoning power" is an issue for coastal
                     management purposes. 19/ One reason for its importance as an issue is
                     the degree of control-exercised over coatal resources, but a poten-
                     tially more important reason is whether association powers. fit the de-
                     finition of "local zoning ordinances, decisions or other actions" as
                     used in the 1976 amendments to the Coastal Zone Management Act.     Part
                     IV of this report looks more closely at this question.

                           Some association charters contain a clause which states that "if
                     any by'laws, ordinances or regulations adopted by the association shall con-
                     flict with any lawful ordinance of the town ... the ordinance of said town
                     shall prevail and supercede the bylaw, ordinance or regulation of said as-
                     sociation". 201 In these instances, the land use power of the association
                     is limited in relation to the town, although the clause does not prevent
                     parallel regulatory authority from occurring.

                           Other association charters give their association "exclusive
                     jurisdiction" over the zoning matters in their territory. 211 This is
                     a clear case, when exercised, where the zoning power of the association
                     is stronger than the power of the town..

                           In the few instances where the questionof the relationship be-
                     tween town zoning and the zoning authority of a subdivision has been
                     legally contested, the power of the association has been upheld. In
                     one case, the town of Watertown claimed the adoption of a new town
                     charter under Home Rule overrode the powers of zoning which had been
                     granted to the Watertown fire district under a special act. -The Court
                     ruled that the *special act is not superceded by general legislation un-
                     less the intent to override is explicitly stated. 22/ In another case,
                     the Court found that "with regard to such matters -as to which the city
                     is vested with exclusive powers within the city limits, under its charter,
                     the town is precluded from exercising its authority except outside city

                           19This question is discussed farther in Part IV of this report.
                            See also Arthur L. Bouvier et al. v. Zoning Board of Appeals of
                            Monroe. 28. Conn. Sup.      78, 258 A. 2d. 546, (1969).
                           20See Beach Park Point Association (25 SL 1307), July 26; 1949 or
                            Clinton Beach Association (33 SL 259), June 20, 1967.
                           2lSee Old Quarry Association (35 SL 35), May 12, 1971.
                           22Watertown v. Watertown Fire District, 28 Conn. Sup. 413, 265 A.
                            2d 496 (1968) is discussed in Appendix B.

                                                     -12-

                   limits." 23/ Although not a zoning case, this rule has implications for
                   those areas given explicit power to zone.

                        The state planning enabling act does not provide for the authority
                   to plan in districts. None of the special acts mentions planning. To
                   the planner, the ability to zone without the ability to plan is a "cart
                   before the horse" situation. In coastal towns, planning is done by the
                   town planning and zoning commission, or a separate planning commission,
                   sometimes with the assistance of professional staff. The wishes of the
                   associations are frequently included in planning efforts. The Sas-
                   quanaug Association for Southport Improvement, Inc., an association                    F
                   not established by special act, independently funded a consultant study
                   of the Southport area, the concepts of which were incorporated into the
                   town plan. 24 /Minutes of meetings of the Lordship Improvement Association
                   indicate speakers on town planning and frequent visits to the town plan-
                   ning and zoning commission. 25 /A case involving the Lordship area in-
                   dicates the difficulty with plans, however. The Court ruled that the
                   Zoning Board of Stratford could not curtail the rights of private property
                   nor limit a landowner in the use of his land based '             an. Z6/
                                                                       on a town pl

                        The question of just what constitutesthe power to zone and to what
                   extent the towns can override the power of the associations remains an
                   unsolved question, depending very much on the charter of the individual
                   association. The relationship of special acts to general legislation is
                   the subject of a memorandum included as Appendix B of this report.

                        Another approach in town-assocation relations has been taken by the
                   town of Old Lyme. Old Lyme has passed regulations which apply uniformly
                   to several associations. These beach regulations deal with safety,
                   health and nuisance factors.   Rather than each association developing
                   its own set of regulations, thepassage of a single town ordinance retains
                   a sense of uniformity as well as the feeling that the town is the ef-
                   fective government authority. @7/

                        A question asked during interviews with town and  association of-
                   ficials was the political relationship of the associations to the town
                   government, how associations are represented in government. Naturally,

                        23Moore et al. v. Town of Stamford et al., 14 Conn Sup. 258 (1946)
                          at 260.
                        24Master Plan for Southpo rt 1967.
                        25See information provided by the Greater Bridgeport RPA.
                        26Lordship Park Association v. Board of zoning Appeals of
                          Stratford, 137 Conn.   84, 1950.
                        27
                          Beach Regulations. Old Lyme Town Meeting Book, Volume   4, Page 30.
                         Adopted November 22, 1960.

                                                        -13-

                     the relationship varies from town to town.   In those areas composed
                     primarily of summer residents, there is little representation, al-
                     though associations will come before town boards and commissions or
                     legislative bodies when ther interests are involved, such as in a
                     zoning case, or with a request for additional services or more funds at
                     budget time. In those areas where associations have a greater percentage
                     of year round residents, there is frequently an attempt to provide some
                     geographical representation in town legislative bodies, such as represen-
                     tative town meetings or town councils. A large number of members of
                     associations appear to be town officials in manyof the towns. 22W
                     Although associations have in most cases a degree of autonomy in many
                     municipal matters, there is no lack of participation by year-round resi-
                     dents of associations in town activities.

                          Residential associations which were  organized to provide special
                     services have a lesser funtion to perform as the town or city in which
                     they are located begins to perform some of the same functions. In many
                     instances, the association has become less active as town activity
                     increases. Many associations have ceased to function at all. Some have
                     sought other functions such as political lobbying or member education.
                     One function that keeps some associations active is the desire for privacy
                     and the maintenance of a private association beach. Another factor may
                     be the sense of neighborhood identity. There also may be a few as-
                     sociation officials reluctant to lose the sense of importance they
                     achieve through holding an association office. Although some as-
                     sociations have dissolved or justfaded away, there are others that
                     command strong loyalty from their members, who still identify much more
                     with the association than with the town. Perhaps as summer areas
                     become year-round, and as more town services are provided, this identi
                     fication will lessen, but such an attitude is not an occurrence of the
                     forseeable- future.

                          28When asking for "contact" people in various associations, I
                            was often referred to town officials who live in association
                            areas.

                     P A R T III:    R E L A T 1 0 N S H I P S    W I T H   T H E    S T A T E

                         All residential associations and districts in the state derive their
                    powers from the state. In some cases, the associations are chartered
                    only as non-stock corporations and have only the powers given such
                    corporations under Chapter 600 of the Connecticut General Statutes. For
                    other associations, additional powers are granted by the legislature
                    through the passage of special acts by the General Assembly. Special
                    acts are numerous and one association has had many as nine special acts
                    passed on its behalf. 29/ The last of the nine involved a complete re-
                    writing of the charter, incorporating all the changes made in the pre-
                    ceding acts. Other associations have had up to six special acts passed,
                    changing such things as meeting dates, method of voting, and boundaries.
                    In response, the legislators eventually gave home rule powers to the
                    districts.

                           This paper will not deal with some kinds of districts. As stated
                     in the introduction, single purpose special districts created by the state,
                     such as fire districts or transit districts, without significant land
                     use powers or direct control over coastal resources are omitted. (It
                     could be well argued that fire districts, sewer districts, and tran*sit
                     districts exert a significant influence in the coastal area. The decision
                     to narrow the scope of this paper is based on practical considerations
                     of time and space. Many of the legal questions raised in this paper are
                     applicable to other kinds of districts as well).

                           Chapter 105 of the General Statutes provides a definition of
                     districts. "District" means any fire district, sewer district, fire
                     and sewer district, lighting district, village, beach or improvement
                     association, wholly within a town and having the power to make ap-
                     propriations or to levy taxes". 3(y Although the Chapter provides a
                     form of organization and admini@_tration for districts, it also states
                     that a district established prior to May 29, 1957 shall not be required
                     to adopt the prescribed form of organization, but may continue in its
                     present form. 3V

                           The general legislation in Chapter 105 applies to those associations
                     which meet the definition of a district. Included in the chapter are
                     provisions concerning organization, purposes, meetings and officers,
                     taxation, home rule powers, and termination of the district. Some of
                     these provisions will be discussed in context below.

                           29point O'Woods in Old Lyme.
                           3OConnecticut General Statutes. Section 7-324.
                           3lConnecticut General Statutes. Section 7-324.

                                                           -15-

                                                     -16-

                        Court decisions have further defined districts. A 1958 decision
                   stated that a district organized for municipal purposes is a quasi-
                   municipal corporation and has the right to levy and collect taxes to
                   accomplish its objectives. As a body politic within the confines of   a
                   larger municipal corporation, it must be governed by.laws pertaining  to
                   municipal corporations. 32( A decision in 1967 distinguished geographical
                   subdivisions from political subdivisions. "The attributes of a poli  tical
                   subdivision are that it exists for the purpose of discharging some
                   function of local government, that it has a prescribed area, and that
                   it possesses authority for subordinate self-government through officers
                   elected by it". 33/ In light of the definitions of districts, each of
                   the associations established by special act, in which any powers to
                   provide services or to tax are given, must be ruled by Chapter 105 of
                   the General Statutes. 34/ Associations which have not been given powers
                   under special acts are not "districts" and are controlled by other
                   provisions elsewhere.

                        Most of the associations not created or given powers by special
                   act are non-stock corporations chartered under the Non-Stock Corporation
                   Act, Chapter 600 of the Connecticut General Statutes, Sections 33-419
                   to 33-526, effective on January 1, 1961.   Corporate existence begins
                   with theendorsement of a certificate of incorporation by the Office
                   of the Secretary of State. 35/ Most certificates of incorporation are
                   very general, stating the purpose of the association and defining
                   membership and voting powers.  A statutory agent for the association
                   must be named. 36/ Failure to appoint an agent may mean forfeiture.
                   Biennial reporfs are to be filed in October of even-numbered years. 321
                   Failure to file two biennial reports in a row may result in forfeiture,
                   The procedure for forfeiture is as follows: the Office of the Secretary
                   of State shall prepare and sign a certificate of dissolution stating
                   that the delinquent corporation has been dissolved by forefeiture and
                   the reason for its default; a certified copy of the dissolution is sent
                   to the corporation; corporations may be reinstated within three years

                        32Larkin v. Bontatibus, 145 Conn. 570, 155 A. 2d 133 (1958)..
                        33@@as v. Bauregard, 155 Conn. 573, 236 A. 2d 97 (1967).
                        34For a discussion of districts, see J.D. Eaton, "Beach Associations
                          in the Connecticut River Estuary Planning Region."   Unpublished paper.
                        35Connecticut General Statutes, Section 33-426.
                        36Connecticut General Statutes,  Section 33-433.
                        37
                          C.G.S. Section 33-435.

                                                      _17-

                     after their dissolution through payment of a fee. _38/ All documents
                     filed with the Secretary of State must also be filed in the Office of
                     the town clerk where the corporation is located.

                          The powers of non-stock corporations include the right to sue and
                     be sued; acquire, hold, sell, convey and have and exercise property
                     rights; borrow money and issue notes and bonds; make contracts; and
                     exercise all legal powers necessary or convenient to effect any or all
                     of the purposes stated in the certificate of incorporation, whether or
                     not such powers are stated in the certificate. 39/

                          The provisions of Chapter 600 also apply to specially-chartered
                     corporations (those associations established by special act) without
                     the need for their acceptance. The special charters remain unchanged,
                     except that the association must comply with the requirements for
                     filing biennial reports and filing notice of charter amendments. Failure
                     to comply makes the association subject to forefeiture. If after
                     forfeiture, they desire re-incorporation, they may be reincorporated by
                     surrendering their charter and filing a new certificate of incorporation.
                     Reinstated certificates of incorporation need not recite the provisions
                     of special act rights and priviledges in order to preserve them. 40/

                          In reality, things don't work quite as the law provides.
                     Specially chartered corporations have not filed with the Secretary of
                     State. Corporation records are not on file with the town clerk (or
                     else the clerks' offices are not aware of such records). Although some
                     associations have been dissolved by forfeit, they do not appear to have
                     been specially chartered. In general, the provisions of the Non-Stock
                     Corporation Act regarding record-keeping do not appear to be well-
                     enforced. One factor contributing to the lack of enforcement may be
                     the large number of non-stock corporations. Over 8,000 biennial reports
                     have been filed in 1976, a number which represents the active corpor-
                     ations. 41/

                          Associations established or amended by special act have potentially
                     more power than those not so established, depending on the provisions of

                          38 C.G.S. Section 33-496.
                          39 C.G.S. Section 33-428.
                          40 Connecticut General Statutes Section 33-499 - 35-593a.
                          41 Office of the Secretary of State. Most associations, of
                            course, are not residential, but rather social and civic
                            organization.

                                                     -18-

                   the provisions of the special act.   As discussed earlier, powers
                   vary greatly. There are three boroughs and one unconsolidated city
                   in the coastal area. One association has been given full powers of    a
                   borough. Other associations have been given the powers of towns for
                   specified functional services such as health, sewers, fire protection,
                   or zoning. More frequently-granted powers include the provision of
                   police service, garbage collection, care and maintenance of beaches
                   and roads, and sometimes, building and use regulations. Associations
                   are usually given the power to tax at a fixed rate or levy an annual
                   assessment. Special acts also include a description of association
                   boundaries, the form of administration, the date of the annual meeting,
                   and the eligibility of association voters.

                        Tracing through the series of special acts for a single as-
                   sociation, the evolution of the association can be seen. Originally
                   chartered with a sanitary board to deal with garbage and nuisances,
                   subsequent special acts may provide for fire service or road construction
                   and maintenance. Other special acts may change the form of admin-
                   istration to a governing board, change the method of voting, add more
                   powers, or change the annual meeting date. Boundaries are also changed,
                   usually increasing the territory of the association. Rarely, powers
                   are removed or boundaries cut back. 42/

                        Until 1963, associations had to return to the General Assembly each
                   time they wanted their charter changed. In 1963, the legislature
                   passed P.A.-582, now Section 7-328a of the General Statutes, which gave
                   home rule to districts. Districts now have the authority to change their
                   charters without the need for special acts. Changes are, however,
                   restricted to those powers given districts in Chapter 105 of the General
                   Statutes. Under the provisions of Chapter 600 of the General Statutes,
                   discussed above, such changes should be filed with the Secretary of
                   State. This practice is not being followed.

                        That purpose behind giving districts home rule powers was to avoid
                   occupying the time of the General Assembly with minor matters such as
                   annual meeting dates. As Senator Pruyn of Colebrook stated during the
                   hearings on the Home Rule Act, "the work of the Assembly can be devoted
                   to statewide problems and not to problems that affect a particular local
                   community." q3 /Passage of the home rule amendment for districts has not
                   prevented districts and associations from returning to the legislature,
                   however. There have been at least 24 special acts affecting individual

                        42
                          Appendix C includes testimony on behalf of a bill to remove some
                          property from an association.
                        43 Testimony before the Senate on H.B. 2404, May, 1957.

                                                       _19-

                     districts and associations. Six new associations have been chartered.
                     Acts amending charters have given zoning power to one association, 44/
                     changed the purpose of another, 45/and removed much of the power from
                     a third association. 46/

                          In 1973, the legislature passed P.A. 73-17, now Section 33-503a
                     of the General Statutes, which states "except as other-wise provided
                     by special act, any specially chartered beach association may be dis-
                     solved in the manner provided in part VIII of Chapter 600 of the General
                     Statutes as amended". It is not known if beach associations have made
                     use of this provision.

                          There are two areas in which the powers given associations by
                     the state raise especially important questions for future coastal
                     management. The first area is that of access to,the water and to the,
                     state's beaches. The state is the owner of lands between the mean
                     high and mean low tides. The enjoyment of these areas by residents of
                     the state is prohibited by the pattern of private ownership of the lands
                     inshore of the tidal area. Associations own beaches and rights of
                     way and frequently restrict access to those lands of persons who are
                     not members of the association. Access is also restricted through
                     control of association roads, the private ownership of which enables
                     the association to prohibit trespassing. The "no trespassing" sign
                     at the entrance to association property is a common sight. In the
                     summer, the association is often guarded and visitors without a leg-
                     itimate reason for entering the association are turned away. In some
                     associations, the roads are technically open    but the power to control
                     parking which is given in special acts is used to prevent non-members
                     from parking their cars within the association. Some associations, while
                     acknowledging in their charters that they have no power to control
                     the state-owned land at the water's edge, nevertheless have been given
                     the right by special act to abate nuisances and quell disturbances in
                     the area. 47/

                          Little information is available on the rights of association
                     members to bring their invited guests to use association beaches and
                     rights of way. Some associations prohibit commercial bath houses or
                     camps or other commercial use of the beach, although homes that are
                     rented extend beach priviledges to their rentors. One member, in the
                     midst of a dispute with his association, invited, through local news-
                     papers, the public to come as his guests and use the association beach.
                     He even provided off-street parking. The association has not yet found

                         44 Old Quarry Association (1973).
                         45
                           Joshuatown Association (1965).
                         46 Wildemere Beach Improvement Association (1963)
                         47See Grove Point Beach Association (25 SL 317)   June 9, 1947.

                                                     -20-

                   a way to restrict his activities. The basic "problem" underlying
                   the beach access issue is that association property is private property,
                   although owned collectively, and like any other private property, is
                   protected by the laws of the state.

                        A second area of major concern for coastal management is the
                   diffusion of zoning power. As discussed in the previous sections,
                   zoning power varies from association to association. Second only to                    01
                   finances, zoning activities are the source of friction between as-
                   sociations and towns. When an association has not been granted explicit
                   zoning power, the town has assumed the authority to make decisions which               or
                   affect the character of the association area. Town zoners are usually
                   aware of the desires of the association members and base their decisions
                   on association sentiment. Association areas are frequently zoned resi-
                   dential at the lot size most prevalent in the association territory.
                   Cooperation and consultation on zone changes or variances is common.

                        Many associations, while not explicitly given the power to zone,
                   have zoning-like powers. They are given permission in their special acts
                   to control certain uses, establish building lines, regulate the number
                   and kind of structures on lots, and perform other regulatory activities
                   involving construction and usaqe of property within the association.
                   Such regulation is accomplished through review officials or review
                   boards, or throuoh deed restrictions. In some areas, regulation is ac-
                   complished through a double permit system where approval is needed from
                   both. town and association officials before construction can occur.   The
                   question of whether the phrases pertaining to building lines and use
                   restrictions constitutes "zoning power" has not been addressed by the
                   courts. No court decisions were found that dealt directly with the
                   question. One case was raised on the issue, but was decided on another
                   point. 48/ A case involving somewhat similar language was decided in the
                   negative: "to argue that this section encompasses zoning regulations is
                   unconvincing." 49/

                        The same rationale behind the section of the General Statutes
                   which prohibits a town from assuming zoning power over land within a
                   city or borough might also logically prevent an association from
                   assuming zoning power when it is already held by the town. 50/ The

                        48Point O'Woods Association v. Busher, 117 Conn. 247  (1933).

                        49
                          Bouvier v. Zoning Board of Appeals of Monroe, 28 Conn. Sup.
                          278, 258 A. 2d 546, (1969).
                        5OConnecticut General Statutes. Section 8-1.

                                                          _21-

                      rationaleinvolves the prevention of duplication of authority by two
                      units of government.    Such a rationale' has not provided for zoning.
                      Through special acts, the General Assembly has provided for zoning
                      authority for associations that it has in other legislation given to
                      towns. To compound the apparent.contradiction, the Assembly has also
                      included in its description of the powers and purposes of districts
                      the provision that districts may adopt zoning authority through the
                      creation of a zoning board and a zoning board of appeals (ZBA), but
                      that such commissions shall be dissolved upon adoption of the town of
                      subdivision or zoning regulations. 51/ In Watertown v. Watertown Fire
                      District (discussed in Appendix B), the c6-urt -held that the requi-rement
                      that district zoning be dissolved upon the adoption of such powers at
                      the town level does not apply to districts which were given zoning
                      powers in special acts prior to May 29, 1957. 52/ Among other factors,,
                      the court was'concerned with the relationship @_etween general legislation
                      and special acts. In Appendix B some cases involving that relationship
                      are discussed.

                           The non-legal relationship between associations and the state is
                      less easy to grasp than the legal basis for the associations' power.
                      The relationship between the town and the associations is much more
                      immediate, involving daily practical considerations. The associations'
                      relationship with the state is more vague. Members of summer resort
                      associations maintain their year round residences in other areas of
                      Connecticut, in addition to those that come from other states. Although
                     .association members are concentrated in the coastal towns due to the
                      increasing number of year round residences in association areas, those
                      members that reside in other areas can express their opinions to non-
                      coastal legislators from their home districts. In addition, there are
                      other residential associations in other parts of the state which can
                      sympathize with and are affected by any legislation which affects special
                      districts or associations as a group. Although       the legislature has
                      indicated that it would prefer not to deal with      matters involving
                      individua) associations, through both home rule      legislation and other
                      legislation which specifically gives the beach       associations the power
                      to dissolve without securing the consent of the      Assembly, the legislature
                      still patiently listens to association matters       whenever they are
                      brought before it. 53/ Associations, because they represent a substan-
                      tial number of Conn@`cticut residents distributed throughout the state,
                      have a significant voice in the state government.

                           51 Connecticut General Statutes. Section 7-326.
                           52 28 Conn. Sup. 413 (1968).
                           513A sample of hearing testimony on beach association requests shows
                             much patience on the part of legislators. Appendix C includes one
                             such hearing.

                                                    -22-

                        As sta te population continues to increase in the areas of urban
                   concentration along the coast, the demand for access to the recreational
                   opportunities of the Sound is also increasing. There is resentment of
                   the exclusive use of resources owned by the associations, especially
                   beaches. Some association members have argued that the limiting of use
                   of areas along the water's edge helps to protect the unique natural
                  ,resources from overuse, but no known information exists on use of as-
                   sociation beaches and beach capacity. Obstacles to the increased use
                   of association beaches by the general public include the strength of
                   property rights as an institution and the strong voice that associations
                   have in state government.

                        The leniency with which associations are treated by the Office of
                   the Secretary of State and the patience of legislators in hearing as-
                   sociations requests indicates an attitude toward associations that is
                   relatively common. Associations are often treated as little more than
                   social clubs, as indeed many of them are. Little distinction is made
                   between those which do and those which do not yield substantial powers.
                   Perhaps such an attitude is the result of a lack of understanding of
                   associations. It is an attitude which fades for some when the as-
                   sociation members make financial demands at town meetings or when a
                   person out for a "Sunday drive" is turned back at the entrance to an
                   association.

                        Another factor in the relationship between the state and the as-
                   sociations is the very strong tradition of "local control" in Connecticut.
                   Associations may be seen as the lowest level of local government and
                   valued for the opportunity for democratic participation they appear to
                   present. Whether associations are such examples of democracy in action
                   is questionable. 54/

                        54 See "Residential Private Governments: An Introductory Survey".
                          Chica_qo Law Review, Winter 1976.                                             M

                       P A R T IV:    T H E   R 0 L E    0 F   ASSOC IATI ONS IN

                                A C 0 A S T A L M A N A G E M E N T S T R U C T U R E

                         Efforts to structure a coastal management system reliant on the
                     local level  Iof government for implementation of state policies should
                     consider the role which is presently occupied by the sub-town, multi-
                     functional districts and associations. 55/ The associations control a
                     large portion of the shoreline through collective private ownership of
                     resources and through powers of regulation granted to them by special
                     acts of the legislature. There are twelve associations or districts
                     that exercise full zoning powers, independent of such powers held by
                     the towns. Town zoners; have no jurisdiction in those twelve areas.
                     Town plans carry no weight in those territories. There are dozens of
                     other associations that exercise overlapping control in varying degrees,
                     sometimes through a duplicate permit system, and sometimes more subtly,
                     through their influence on town planning and zoning decisions.

                           The 197 6 amendments of the Coastal Zone Management Act of 1972
                     define "local government" as a "political subdivision of, or any special
                     entity created by, any coastal state which (in whole or in part) is
                     located in, or has authority over, such state's coastal zone and which
                     (A) has authority to levy taxes, or to establish and collect user fees,
                     or (B) provides any public facility or public service which is financed
                     in whole or in part by taxes or user fees. The term includes, but is
                     not limited to, any school district, fire district, transportation
                     authority, and any other special purpose district or authority". 56/ By
                                                                                         67-
                     the definition, "local government" includes, among others, many f the
                     coastal residential associations. Most associations established by special
                     act levy taxes and collect fees, and it has been established that their
                     facilities, such as association roads or sewer lines, are serving a
                     public function, thus meeting the definition of public facilities. 57/

                           The amendments to the Coastal Zone Management Act also require
                     that "a management agency, before implementing any management decision
                     which would conflict with any local zoning ordinance, decision, or
                     other action...send a notice of such management program decision to
                     any local government whose zon  -ing authority is affected thereby". The
                     amendments further describe the procedure for such notification 5.8 / Thus,
                     the amendments require a mechanism to, at very least, consult disi-rict

                           55A decision to pursue a local implementation option for Connecticut's
                             Coastal Area Management Program was made by the Coastal'Area Management
                             Advisory Board in November, 1975.
                           56 1976 Amendments to the Coastal Zone Management Act, Sectio  n 304 (10).
                             PL 94-370
                           57 1976 Amendments. Section 306 (2)(B)(i)
                           581976 Amendments. Section 306 (2)(B)(i)-(ii)

                                                         -23-

                                                      -24-

                   and association governments.    In order to meet such requirements, a
                   list of associations should be compiled and a determination made on
                   the basis of considerations such as are discussed in this report which
                   associations meet the definition of local governments, and which, in
                   reality, do have zoning powers. Legal requirements for local involvement
                   not withstanding, a program which uses town authorities to implement
                   decisions about the coast will result in large sections of the coast
                   not being included in the management system unless some way is found     to
                   involve those associations that control coastal resources.

                         One possible approach to securing control over such resources
                   might be to shift control of the resources from the associations to   the
                   towns. The ability of coastal towns to assume zoning control over     as-
                   sociation property has been limited. Towns cannot take away zoning power
                   that has been given by the.state to the association in their special
                   acts. Whether general legislation which establishes a coastal management
                   system could give the towns control which they do not now possess is
                   questionable. There are precedents in case law which could support
                   either view. Perhaps the case most parallel is the case of DeLinks v.
                   McGowan, 148 Conn. 614 (1961), where the implied welfare of the state
                   as a whole superceded the provisions of a special act.59..! There is a
                   line of precedent to the contrary, however, represented by the holding
                   in Watertown v. Watertown Fire Districtthat general legislation does
                   not affect a special act unless       intent that it do so is clearly
                   manifest.   60/

                         To the question of whether such an override is legally possible
                   must be added the question of whether such an action is desirable. Both
                   sides of the question have supporters. One side believes that fragmen-
                   tation and multi-layering of governments is undesirable and inefficient.
                   A federal  report puts it this way:

                              "...all levels of government must be responsive to the
                              needs of the people; therefore, use of special districts is
                              entirely justified as a mans of meeting these needs of the
                              units if general governments do not or cannot respond. NeiLier-
                              theless, the establishment of special districts creates inter-
                              governmental problems and is frequently an uneconomical means
                              of providing services, Perhaps most important, their use has
                              tended to distort the political processes through which the

                         59 The intent of a general statute was such that it overrode a
                           zoning provision in the special act of the Black Hall Association
                           of Old Lyme.
                         60
                           'See a discussion of this case in Appendix B.

                                                       -25-

                               competing. demands for the local revenue dollar are eval-
                               uated and balanced ... The multiplicity of special dis-
                               tricts often prevents the citizen from knowing exactly what
                               is going od in his community. Frequently, no unit of general
                               government within the State or locality is fully aware of
                               the various aspects of special district activity. The pro-
                               grarrs of many districts appear to be completely independent
                               from, and uncoordinated with, similar programs of general
                               government ... in many, if not most, instances, special
                               districts increase the.cost of government services ..." .52/

                     In addition, scepticism exists as to the ability of the associations to
                     overcome their narrow perspective and make decisions that will re-
                     flect a wider point of view, a wider field of interests.

                          On the other hand, there are those who believe that the best
                     government is that which is closest to the people and to those re-
                     sources being controlled. In strong support of this view is the tradition
                     of local control in Connecticut, perhaps one of the strongest traditions
                     in the New England area.

                          Practically  despite which may be the best course of action, it
                     is likely that the associations cannot be required to surrender any
                     powers which they do not wish to.  Their economic strength and their
                     organized status will probably carry sufficient weight, along with their
                     numbers, to prevent such an effort. In sympathy with the coastal as-
                     sociations would be residential associations and special districts else-
                     where in the state. It would be difficult to single out coastal as-
                     sociations without raising fears of other associations with similar powers.

                          If the land control powers cannot be shifted from the associations
                     to the towns, perhaps implementation might be given to the associations..
                     Those associations that have existing zoning powers might be given de-
                     cision-making powers in coastal management equal to that of the towns.
                     This would, however, have the effect of reinforcing the subdivisions,
                     and thwart any hope of consolidation in the near future, no matter how
                     desirable such a union would be for purposes of efficiency and econonly.
                     Because the parochialism and narrow interests of associations' has been
                     exhibited in the past, and because of the desire by associations for
                     privacy resulting in exclusi,on, there are serious disadvantages with in-
                     creasing the control of associations over coastal resources. This is
                     also a possible conflict with the larger "public interest" of the state.

                          611"The Problem of.Special Districts in American Government",
                            a report of the Advisory Committee on Intergovernmental
                            Relations, May 1964.

                                                     -26-

                   Because of the resentment statewide o-f the exclusionary nature of as-
                   sociation activities, the full incorporation of associations into a
                   management structure in a partnership relationship might be difficult
                   to achieve.

                        In light of the 1976 amendments which require "local" invdlvement,
                   and the control over coastal resources which associations now yield, it
                   would seem that associations must be included in some way in any coastal
                   management system; unless legislation can be designed which would shift
                   .responsibility to the towns. Giving associations full partnership in
                   a coastal management system is not desirable from a public interest per-
                   spective. A possible approach might provide for association review
                   with final decisions resting with a town body designated to implement
                   coastal management.

                        Coastal management responsibilities cannot legally be tied to
                   zoning power without changes in state zoning enabling legislation
                   and without consideration of the provisions of special acts which
                   grant zoning powers, unless the associations are given authority equal,
                   to that of the towns. Efforts to give unequal authority must address
                   those basic limitations. If a coastal management mechanism is lodged
                   with a specific town body, it will be necessary to deal also with those
                   other governments, the associations, which currently have powers of
                   their own.

         ASSOCIATIONS

                WITH

                  INDEPENDENT
                    ZONING

                                                                         STRAT-'3
                                                     ......       BRlDGE--@ FORD
           Other Associations                                      PChT
                                                       Yi@IRFIELD

                                      .0 00    WESTPORT
                   %  STArIFORD
                                       NORWALK

                 CH
           GREENWI
                                 DARIEN

          I%
            %I

                                  N

                                                                           1978

          ASSOCIATIONS

                   WITH
                     INDEPENDENT                                        ......
                       zOr\1ING

                          2

                                            NORTH
            Other Associations
                                              HAVEN                     MADISON

                                                   Of
                                 NEW            EAT
                                                                 GUILFORD
                                   HAVEN

                                                    BRANFORD
                       ORANGE

                              jWEST
                               HAVEN

                    1,1ILFORD
                                                                       Sachems Head
                                              Short    Pine     Old
                                Borough       Beach    Orchard  Quarry
                                of
                                Woodmont

                                                                                  1%76

           ASSOCIATIONS

                   WITH
                    INDEPENDENT
                      ZONING

                        3

             Other Associations

                                                   LYI,-iE
                                    CHESTER

                                   DEEP
                                   RIVER

                                                        OLD
                                      ............       L'Yl-lE
                                             OLD
                                             SAYBROOK
                                     WEST-
                             CLINTON  BROOK

                                                     BDrough
                                                     of
                                                     Fenwick

                                                                             19783

                           AS SCIC I AT IONS                                                                                                                                                        10 1.
                                                                 WITH

                                                                   INDEPENDENT
                                                                                                                                                                                                                           . . . . . . . . . . . . .
                                                                           ZONING

                                                                                                                                                                   !"ORWICH

                                    Other Associations
                                                                                                                                                                                                          PRESTON

                                                                                                                                                                                                          ...........

                                                                                                                                 MON'IVILLE

                                                                                                                                                                                                       LEDYARD

                                                                                                                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . .
                                                                                                                                      WATERFORD
                                                                                         EAST                                                                                                                                                                   STONINGTON
                                                                                             LYME
                                                                                                                                                                                                    GROTON

                                                                                                                                                                                                                                                   11cank                      Borough
                                                                                                                                                                                                         y                                                                     of --tonington
                                                                                                                                                                                                                          Gr@ton
                                                                                                                                                                             EW                                                      -)n
                                                                                                                                                                             LONDON Groton                                           PUnt
                                                                                                            Black Point

                                                                                                                                                                                                                                                                                                                                       .197S

                                                          A-1

                       A P P E N D I X A:    R E S I D E N T I A L     A S S 0 C  I A T 1 0 N S

                                             A N D D I S T R I C T S

                     (Listed.by town)

                     Sources:

                          Connecticut Special Acts

                          State of Connecticut. Public Document #48, Taxation Document #364.
                          "Information Relative to the Assessment and Collection of Taxes -
                          1974".   November 1975.

                          Files and loqbooks of the Office of the Secretary of State, Non-
                          Stock Corporations.

                          Data collected by the coastal.-regional planning agencies for the
                          Coastal Area Management Program, Fall 1976.

                     Notations:

                          (12 SL 93)   refers to the Connecticut Special Acts, Volume 12
                                       page 93.  The date which follows such entries is ihe
                                       date that  the act was passed.
                          (37:461)     refers to  the file number of the certificate of in-
                                       corporation of a non-stock-corporation filed on the
                                       Office of the Secretary of State.

                     INCOMPLETE        Because of the great number of non-stock corporations
                     LISTING           on file (8,000!), the associations listed represent
                                       the results of only a partial sampling. In some
                                       instances', when the exact nature of an association was
                                       unknown, such as a yacht club, it has been included
                                       in the associations which follow.

                                       Each of the associations listed with a file number
                                       and date of incorporation filed a biennial report in
                                       1974. Most have filed a report in 1976, but due to
                                       the time lag required for processing 8,000 biennial
                                       reports, it was not possible to obtain a complete listing
                                       of those who have filed.

                                                        A-2

                   Branford

                   Established by Special Act:

                  *Civic Association of Short Beach
                        (12 SL 93) March 28, 1895
                        (18 SL 435)   April 21, 1921
                        (22 SL 841)   June 16, 1937
                        (23 SL 930),  June 16, 1941

                        Incorporated  in 1895 as the  Short Beach Improvement   Association
                        and governed  by a sanitary board responsible for controlling
                        garbage disposal, nuisances and liquor sales, the association's
                        charter and name were changed in 1921. The association's pur-
                        pose is "to provide protection for property, health and morals
                        of the inhabitants". SDecial acts since 1921 have changed the
                        method of tax assessment and the method of electing.officers.
                        Short Beach's powers@are those common to many associations,
                        including fire protection, street lightina.and traffic control.
                        Although the power to zone is not given by special act, the as-
                        sociation exercises independent zoning powers separate from the
                        town planning and zoning commission. The association owns a small
                        parcel of beach adjacent to.the town beach and three rights-of-
                        way to the water. It levies an annual assessment based on the
                        number of units per dwelling. It is one of the stronges.t, most
                        active associations in the town, with its own post office address.

                   Eastern Indian Neck Association
                        (19 SL 1076) June 19, 1925
                        (23 SL 181)   May 16, 1939

                        This association was incorporated in 1925 to    "provide for the
                        health, convenience, comfort, safety and good morals" of residents.
                        An executive board has the power to pass, amend and@repeal bylaws,
                        regulations and ordinances to-accomplish (the purposes) of the
                        association".. The association has the power to tax at a rate no
                        greater than five mills, but historically has taxed at a much lower
                        rate.. It does not have nor exercise zoning power. There are ap-
                        proximately 400 residences, 'with between 30 and 40 summeroccupancy
                        only.1 A 1939 special act provides for a change in association
                        boundaries.

                   Granite Bay Association
                        (20 SL 275) June 7, 1927

                        Granite Bay Association, incorporated in 1927 as an improvement
                        association, has the power to provide garbage collection, fire

                   *INDEPENDENT ZONING

                   I South Central Connecticut Regional Planning Agency

                                                      A-3

                         protection and street lighting,-and--to regulate liquor sales and,
                         improve highways. Its territory includes approximately 90 year
                         round residences. It does not own any waterfront property. The
                         association levies an annual assessment of $8 per house.

                    *Pine Orchard Association
                         (14 SL 415)  June 18, 1903
                         (19 SL 44) March 28, 1923
                         (19 SL 592) March 13, 1925
                         1973 S4A. 93 June 11, 1973

                         Pine Orchard Association was incorporated  in 1903 as an improvement
                         association to provide for the improvement of land, and for the
                         health, comfort and convenience of its members. An executive board
                         has the authority to pass bylaws, regulations and ordinances necessary
                         to carry out the purposes of the association, "especially fire pro-
                         tection and waterworks". The 1903 special act gave the association
                         the power to establish building lines and regulate building con-
                         struction. Although the power to zone is not explicitly granted by
                         special act, Pine Orchard has zoning power's which are independent
                         of the town planning and zoning commission. The 1925 special act
                         increased the association's taxing ability to seven mil.1s. There
                         are approximately 250 residences within the association, with about,
                         25 for summer occupancy only. This association is one of the most
                         active within the town.

                    Stony Creek Association
                         ,original charter NOT by special act
                         (20 SL 1089), June 18, 1929

                         In 1929, a revised charter described Stony  Creek as an improvement
                         association and gave the executive board power to prove services,
                         especially fire protection. The association may regulate sidewalks,
                         curbs, and building lines, but does not have nor exercise independent
                         zoning power. There are approximately 500 residences within the
                         association territory and Stony Creek has its own post office branch.
                         The association maintains but does not own the town beach, which.,is
                         open toall town residents. It has the power to levy not more than
                         five mills, but currently levies a 1 mill tax rate, 2/

                    Hotchkiss Creek Association
                         (22 SL 275) This 1935 act did not receive the governor's signature,
                                      and therefore did not become effective.

                    *INDEPENDENT ZONING

                    21 South Central Planning Agency

                                                       A-4

                        (23 SL 306)  June 9, 1939

                        incorporated as an improvement association, Hotchkiss Grove
                        provides police protection and lifeguards and maintenance of
                        the association beach. It also has the authority to control
                        parking and control liquor sales. It levies an annual assess-
                      .ment of $20 per family. It owns and maintains all streets
                        within the territory. There are approximately 180 residences,
                        with 30 for summer occupancy only. 3/

                  Associations not established by Special Act:

                  Linden Shores Erosion Control District

                        Organized under the provisions of the General Statutes on November
                        20, 1959.

                        Linden Shores levies taxes of 3.5 miles. It owns a beach open
                        only to association members, and hires police to enforce this
                        policy. There are approximately  148 homes, of which fifty are
                        summer occupancy only. 4/

                  Lamphere Cove Association

                        Lamphere Cove is a summer "colony" with eighty-four seasonal
                        residences. The association has long term leas.es on the land,
                        but cottages are individually owned.. The association regulates
                        additions or alterations to existing structures.

                  Other Non-Stock Corporations giving a Branford Address:

                  Pine Orchard Yacht and Country Club, Inc. November 6, 1959 (48:51)
                  Pleasant Point Association, Inc. June 3, 1953 '(37: 561)
                  Pot Rock Island Association, Inc. August 13, 1963 (54: 802)
                  Stony Creek Boating Association, Inc. May 9, 1955 (40: 482)
                  Sunset Manor Association, Inc. July 22, 1965 (59:456)
                  Valley Shores Association, Inc. August 25, 1970 (74:855)
                                                                      INCOMPLETE LISTING

                  Bridgeport

                        Bridgeport has no "residential associations established by special
                        acts. There are no areas with independent zoning authority. There

                  3/ Ibid.

                  4/ South Central Regional Planning Agency

                                                     A-5

                          are some non-stock corporations which own  shorefront property,
                          including several yacht clubs and condominium resident associations.
                          A sample of non-stock corporations includes the following:

                     Miamo.gue Yacht Club July 1, 1907 (6:495)
                     Pequonnock Yacht Club February 7, 1906 (6:245)
                     Wepawaug Yacht Club, Inc. June 30, 1972 (80:1088)
                     Wepawaug Shores Association, Inc. February 8, 1967
                                Dissolved by forfeit on March 5, 1973
                                Reinstated on June 6, 1973 (8:256)
                                                               INCOMPLETE LISTING

                     Chester

                          Chester has no residential associations established by special
                          act.. There are no areas with.independent zoning authority.
                          There are no separate taxing districts. (The town clerk's
                          office in Chester stated that there are some residential as-
                          sociations in the town, but no record ofthem was found).

                     Clinton

                     Clinton has no areas with independent zoning.

                     Established by Special Act:

                     Beach Park Point Association
                          (25 SL 1307) July 26, 1949
                          (29 SL 453) June 16, 1959

                          Beach Park Point was incorporated as an improvement association
                          for the "health, comfort, protection and convenience" of its
                          residents. The 1949 special act includes the power to regulate
                          the kind and number of structures erected on individual lots, but
                          the power to zone is not explicitly given. The association has
                          the authority to collect taxes not exceeding ten mills and to
                          issue bonds and notes. Section 15 of the 1949 act provides that
                          if any bylaw, regulation, or ordinance of the association conflicts
                          with any lawful town ordinance, the town shall prevail. The
                          association includes sixty residences, forty-four of which are
                          seasonal dwellings. 5/

                     Beach Park Road Association
                          (25 SL 1208)  July 2, 1953

                          Beach Park Road Association was incorporated as an improvement
                          association. The special act gives the power to regulate the
                          number and kind of structures, but does.not give explicit power
                          to zone. The act contains a provision which states that in the
                          event of a conflict between town laws and those of the association,

                          5/ Connecticut River Estuary Regional Planning Agency

                                                      A-6

                         the town will prevail. There are    26 dwellings within the as-
                          ociation. Eight are seasonal. 6/

                   Clinton Beach Association
                         (33 SL 259)  June 20, 1967
                         Clinton Beach Association was incorporated "to provide for
                         the improvement of l.and and adjacent waters ... as a
                         residential and resort area ... for the health, safety, welfare,
                         comfort, protection and convenience (of residents)". The act
                         permitted the association to make rules, in conjunction with.
                         the Clinton police commissioner, for town roads within the dis-
                         trict. It also provided for the control of private roads. The
                         act permits Clinton Beach to regulate the kind and number of
                         structures and to prohibit some types of businesses, but does not
                         explicitly provide for zoning. As with other beach associations
                         in Clinton, the special act includes a provision through which
                         town law will prevail in the event of a conflict with association
                         bylaws., regulations or ordinances. There are approximately 150
                         residenc'es within the association. Of these, 135 are seasonal
                         dwellings. 7/

                   Grove Beach Improvement Association (partially in Westbrook)
                         (12 SL 118) April 3, 1895
                         (14 SL 237). May 27, 1903
                         (18 SL 134) May 1, 1919
                         (20 SL 313)   May 12, 1927

                         Grove Beach Improvement Association was incorporated in      1895
                         to deal with sanitary problems. The first act established a
                         five member sanitary board and provided for street lighting and
                         street improvements. The 1903 act gave the association the
                         authority to construct and maintaina sewer, taking land through
                         condemnation when necessary. The 1919 special act replaced the
                         sanitary board with a governing board and added to its duties the
                         responsibility for new roads. The 1927 act provided for the
                         regulation of the number and kind of structures and prohibition Of
                         certain types of businesses. It limited the annual tax rate to
                         no more than five mills. Grove Beach has 155 dwellings, of which
                         62 are seasonal. 8/
                   No non-stock corporations or other types of residential associations
                   were found in Clinton.

                   6/ Ibid.

                   71 Ibid.

                   8/ Connecticut River Estuary Regional Agency

                                                       A-7

                     Da ri en

                          Darien has no areas with independent zoning. There are no
                          residential associations chartered by special act. There
                          are several non-stock corporations and clubs. The Tokeneke
                          Water Company was established by special act (15 SL.143)@on..
                          May 14, 1907 for the purpose of supplying water to property,
                          owners or contiguous property owned by the Tokeneke Corporation.
                          The following non-stock corporations are located in Darien:

                     Noroton Bay Property Owners, Inc. March 21, 1955 (40:232)
                     Sea Gate Association April 15, 1947 (30: 1001)
                     Spring Brook Terrace Association, January 7, 1974 (86: 56)
                     Tokeneke Association, Inc. August 23, 1929 (17: 308)
                     Tokeneke Club, Inc. September 10, 1907 (7:23)
                     West Holly Association August 7, 1958 (45: 1006)
                     Woodland Manor Association April 15, 1974 (86: 1090)
                                                                  INCOMPLETE LISTING

                     Deep River

                          Deep  River has no areas with independent zoning. One associationl
                          created by special act (The Association of Winthrop Neighbors,
                          (28 SL 552) is not located on the river. No non-stock corporations
                          of residents have been found.

                     East Haven

                     East Haven has no areas with independent zoning.

                     CoseY Beach Improvement Association
                          (13 SL 1085) June 13, 1901
                          (15 SL 30)   March 26, 1907
                          (22 SL 212)   June 4, 1935

                          The 1901 special act incorporating the Cosey Beach Improvement
                          Association provided for a three member sanitary board with
                          authority to employ persons to remove garbage and assess for it.
                          They were further empowered to prevent nuisances. The 1907 act
                          expanded the boundaries of the association, increased the terms
                          of the sanitary board, gave the power to employ constables and
                          to provide fire hydrants, and raised the assessment limit. The
                          1935 act once again increased the association boundaries.

                     Branford Manor Civic Association
                          (20 SL 471) June 22, 1927

                          The incorporating act in 1927 established a board of managers
                          whose duties included oversight of garbage collection, employing
                          watchmen, levying an assessment up to ten dollars if necessary,
                          limiting nuisances, maintaining roads, installing lights and

                                                     A-8

                         hydrants,  and constructing and maintaining association     buildings.

                   East Lyme

                   Established by  Special Act:

                   Attawan Beach  Association
                         (25 SL 1199) July 1, 1949
                         (33 SL 217) June 15, 1967

                         The 1949 act incorporated Attawan Beach Association as an
                         improvement association with a list of powers including
                         traffic control, lifeguards, police protection,,regulation
                         of the type and size of buildings and some uses, and
                         establishment of building lines. The actalso stated that
                         the association could "enact and alter zoning ordinances in
                         accordance with Chapters 43 and 44 of the General Statutes".
                         The association is presently under the jurisdiction of the
                         town zoning commission, but employs additional zoning re-
                         strictions Within its territory. The association is empowered
                         to levy taxes not to exceed a five mill rate.

                  *Bl ack Point Beach Club Association
                         (21 SL 537) May 25, 1931
                         (22 SL 118) April 30, 1935
                         (23 SL 752, 813) April 10, 1941
                         (25 SL 30) April 23, 1947
                         (29 SL 144) June 8, 1961

                         The territory of the Black Point Beach Club    Association is  a
                         separate taxing district with independent zoning with the town
                         of East Lyme. An active association with a wide range of powers,
                         Black Point was given zoning powers in the 1947 and 1961 special
                         acts. The 1961 act gave the governing board authority to appoint
                         a zoning commission with powers and duties under Chapter 124 of the
                         General Statutes.

                   The  Cresent Beach  Association
                         (22 SL 251)   June 4, 1935
                         (22 SL 757)   June 3, 1947
                         (25 SL 612)   July 9, 1947
                         (25 SL 1095) July 1, 1949

                         The Cresent Beach Association was incorporated in 1935 as an
                         improvement association. Subsequent acts   I shifted responsibilities
                         from the annual association meeting to the governing board and
                         expanded the limits of the association. The 1949 act limited the

                   *INDEPENDENT ZONING

                                                       A-9

                           taxing power to a rate  no greater than five mills. Section 8
                           of the 1935 act qives the association the authority to enact
                           zoning ordinances, but the association territory is currently
                           under the jurisdiction of town zoners. The association does
                           impose some additional  restrictions beyond town requirementsi
                           Many of the services formerly provded by the association have been
                           assumed by the town gradually. The primary remaining function
                           is the maintenance and regulation of the association beach.
                           (On April 24, 1963, several residents of Cresent Beach presented
                           testimony on a bill to remove some properties from the association..
                           This testimony is included as Appendix C of this report).

                     The Giants Neck Beach Association
                           (23 SL 1006) June 18, 101
                           (25 SL 369) June 30, 1947
                           (26 SL 333) January 1951
                           (28 SL 398) May 22, 1957
                           (29 SL 175) June 2, 1959

                           Giants Neck Beach Association is a separate    taxing district
                           with the authority to levy taxes not exceeding eight mills.
                           The tax rate is set by the association's annual meeting. The
                           1951 act gave the association the power to provide water to
                           its residents. The 1941,act explicitly states,that the as-
                           sociation may "zone the area within the limits of said association,
                           thereby regulating and restricting (height, size, etc)".
                           Despite this power, town zoning regulates the association area.
                           There are some special regulations that apply only to the association
                           territory, such as the right to build closer to property lines than
                           is permitted elsewhere. 9/

                     The Giants Neck Heights Association
                           (23 SL 1006) June 18, 1941
                           (26 SL 1141) June 30, 1953
                           (28 SL 184) May 1, 1957
                         .(31 SL 221) June 19, 1963

                           Organized as an improvement association,    Giants Neck Heights is
                           a separate taxing district with the Town    of East Lyme. The tax
                           rate is limited to ten mills on improved    land only.

                           Although the 1953 act gives the association the.right "to zone
                           the area within the limits of said association", town zoners have
                           jurisdiction over association territory. The association also has

                     9/ Town of East Lyme, Building and,Zoning office.

                                                A-10

                       regulations which supplement the town zoning. Like most of the

                       act includes a provision that in the event that an association
                       associations in the town of Clinton, Giants Nedk Heights special

                       bylaw, ordinance or regulation conflicts with a provision of the
                       town, the town law shall prevail.

                 Pine  Grove Niantit Association
                       1915 S.A. 75-43

                       The Pine Grove Niantic Association was   in 1975 for the "improvement,
                       recreation, comfort and convenience" of its residents. Its taxing
                       powers are limited to an annaul rate of   five mills.

                 Oak Grove Beach Community.Association, Inc.
                       (34 SL 169)  May 21, 1969

                       This association was incorporated as the successor to the Oak
                       Grove Beach Association, a previously established non-stock
                       corporation. It is also the result of a merger of two associ-
                       ations in the area into a single unit. It has all the powers of
                       a non-stock corporation plus some additional rights, including the
                       authority to levy an assessment not in excess of $10 per person
                       annually.

                 Associations not established by special act:**

                 The Old Black Point Association, Inc. May 24, 1941 (32:43)
                 Saunders Point Association, Inc. December 6, 1960 (49: 768)
                 Ridge Acres Association June 28, 1956 (42: 180)
                @Groton Lake Shores - taxing district
                 Pine Grove Association - taxing district
                 Niantic Bay Yacht Club, Inc. May 20, 1940 (24: 486)
                 Pettagansett Club, Inc. April 14, 1930 (17:550)
                 Smith Cove Yacht Club July 1, 1976 (93:819)
                                                             INCOMPLETE LISTING

                 Essex

                       Essex has no areas with independent zoning. There are no separate
                       taxing districts. Only one water-related non-stock corporation
                       was found:

                 Pettipaug Yacht  Club, Inc. November   23, 1956 (42: 749)

                 "Not all corporations listed are coastal residential     associations.
                   The clubs listed own waterfront property.

                                                        A-11

                      Fai-rfield

                            Fairfield has no areas with independent zoning. There are three
                            districts established by special act, but they are not located on
                            the water.

                      Associations not established by special act:**,

                      Fair  Acres Association, Inc.

                            Fair Acres Association owns, maintains,   and restricts a right
                            of way to the beach. It charges a fee of its members, between
                            200 and 300 families, to maintain property,and pay association
                            property taxes. 10/

                      Sasquanaug Association for Southport Improvement, Inc.
                            April 19, 1950 (33: 952) - name changed from Sasquanaug Society for
                                                        Village Improvement

                            An old association thought  to date from the early 1800's, the
                            Sasquanaug Association is more like a club than a special
                            service district. It owns and operates the Pequot Library and
                            several other parcels of land which are undeveloped. The associ-
                            ation also owns and operates a bath house on their beachfront
                            property. The association has worked actively with the town plan-
                            ning and zoning commission, and in 1967, commissioned a study
                            "Master Plan for Southport".

                      Rocky Beach Association, Inc. September 17, 1959 (47: 974)
                      Southport Area Association, Inc. September 25, 1942 (26: 4.66)
                            Amended September 8, 1961 (51: 141)
                      Pequot Yacht Club, Inc. April 25, 1925
                      North Pine Creek.Property Owners Association
                      Lund Court, Inc.
                      W.O. Burr Corporation
                                                                 INCOMPLETE LISTING

                      Greenwich

                            Greenwich has no areas which exercise independent zoning. There are,
                            however, a number of distinct neighborhoods. Many neighborhood areas

                          List includes corporate landholders which are not residential
                         associations.

                      10/ GreaterBridgeport Regional Planning Agency

                                                       A-1 2

                        are separate taxing districts which provide separate services for
                        .their residents, such as maintenance of private roads and guard
                        service.

                        Taxing  districts include the following areas:
                                Established by the Belle Haven Land Co. February 26, 1884
                                (9 SL 894)
                                Field Point Park District
                                Harbor Point District
                                Indian Harbor District
                                Mead Point District

                        Non-stock corporations are numerous in Greenwich. Some are
                        residential associations; others are clubs which own and manage
                        shorefront property. An incomplete listing,of these non-stock
                        corporations includes the following:

                   The Milbrook Club,  Inc. December 31, 1940 (25:198)
                   Old Greenwich Yacht Club, Inc. July 20, 1967
                   Old Greenwich-Riverside Community Center January 20, 1958 (44:969)
                   Old Mill Property Owners Association. January 24, 1975 (89: 118)
                   Perkins Road Association July 30, 1959 (47:805)
                   Rowayton Beach Association August 17, 1928 (16:550)
                   Riverside Acres Association September 11, 1958 (45:     1155)
                   Riverside Yacht Club, Inc. December 19, 1927@06: 372)
                   Rocky Point Club, Inc. December 17, 1953 (38:387)
                   Shoreham Association, Inc. July 9, 1964 (56: 372)
                      Amended (61: 656) (63: 487)
                   Shorelands Association, Inc. September 8, 1950 (34:208)
                   Sylvan Shore Park Association October 31, 1932 (19:237)
                   Weavers Hill Property Owners Association November 10, 1971 (78:994)
                   Willowmere Association, Inc. September 18, 1929 (17:327)
                  ,Lucas Point Association
                   HawthIorne Beach                               INCOMPLETE LISTING

                   Groton

                        Groton has  the only unconsolidated city remaining in the    coastal
                        towns. It   has several taxing districts with very limited functions,

                        areas with  independent zoning.
                        primarily fire protection and garbage collection. There are three

                   Established by Special Act:

                  *City of Groton
                        (14 SL 437)   June 22, 1903
                        (21 SL 1056) June 1, 1933

                   *INDEPENDENT ZONING

                                                       A-13

                          (22 SL 772)   June 8, 1937
                          (31 SL 296)   June 24, 1963

                          Although the  City shares some municipal services such as
                         ,education and tax collection with the town, the City has all
                          the powers of the town. It maintains its own police force,
                          public works  department, fire department, and has its own
                          indep@endent zoning board. Although city residents serve as
                          town officials, most politically active city residents oppose
                          city-town consolidation. The City Utilities owns its own
                          municipal water and electric companies. Approximately 10,000
                          persons live in the City, one third of the population of the town
                          of Groton. Established a borough in 1903, a special act of 1963
                          gave the area the status of a city.

                     *Groton Long Point
                          (18 SL 647) May 19, 1921
                          (21 SL 436)   May 21, 1931
                          (S.A. 73-108) June 17, 1973

                          Groton Long Point was incorporated with the powers of a city,
                          town, or borough under Section 3421 of the General Statutes.
                          Initially a summer resort, year round occupancy has been
                          increasing rapidly in recent years and has accelerated with
                          the coming of town sewers in 1976. The association has its own
                          police and public works departments. Some of the taxes paid to
                          the town by the association are returned annually for police and
                          public works. The association exercises its independent zoning
                          authority, with no contact with the-town zoning commission. The
                          association frequently refers to itself as the Borough of Groton
                          Long Point. There are 536 residences in the area.**

                    *Noank Fire District
                          Organized under Section 519 of the General Statutes., Revision
                          of 1918, by vote of the district on April 8, 1929
                          (25 SL 93, 150) April 27, 1947
                          (26 SL 210)   July 10, 1951
                          (29 SL 433) June 16, 1959
                          (30 SL 270, 224)   June 21,  1961

                          Noank is an historic fishing village. The    Noank Fire Company
                          was established as a non-stock corporation   in 1905. Noank has
                          a distinct identity apart from the town. It has its own post

                        INDEPENDENT ZONING

                        Town of Groton Planning Office

                                                  A-14

                      office station. The Fire District, in addition.to providi.ng
                        re protection, owns the water distribution system for its
                      area. In 1947,' the special act gave Noank the power to zone.
                      fi

                      The 1951 act stated that the provisions of Chapter 43 of the
                      General Statutes shall apply to Noank. The 1959 act amended
                      the size of the zoning commission. The 1961 act increased the
                      size of the fire district to include contiguous territory.

                 Association not established by special act:

                 Mumford Cove Association August 17, 1961 (51:24)

                      Mumford Cove is under the jurisdiction of the town zoners, but
                      imposes additional restrictions on its residents. Roads within
                      the association are private and maintained by the.association.
                      Town police do not patrol the area, but will answer calls-.

                 Other non-stock corporations:

                 Ram Island Yacht Club, Inc. March 25, 1941 (25:321)
                 Shennecossett Yacht Club, Inc. September 1,1938 (23:199)

                 Guilford

                 Established by Special Act:

                 Indian Cove Association
                      (34 SL 122) May 21, 1969

                      Originally established as the Indian Cove Improvement Association,
                      the Indian Cove Association was incorporated in 1969 as an im-
                      provement association. The special act gives the association the
                      authority to regulate travel, improve streets, and maintain and
                      operate the association beach. An annual,assessment is proposed by,
                      an executive committee and approved by the association at their
                      annual meeting. Indian Cove's roads are private. Theassociation
                      employs policemen on summer weekends. Originally a summer resort-,
                      the association has 115 dwellings, 55 of which remain summer oc-
                      cupancy only. The association owns a smd1l beach. Indian Cove
                      does not have independent zoning, nor is the power to zone given in.
                      the special act. A section of the act provides that if an association
                      bylaw,'regulation or ordinance conflicts with a provision of the town,
                      the town law prevails.

                *Old Quarry Association
                      (25 SL 395) July  9, 1947
                      (35 SL 35) May 12, 1971

                      roads, a beach, tennis courts and a dock. The 1947 act gave the
                      Old Quarry Association includes 22 year round homes. It owns area

                        INDEPENDENT ZONING

                                                       A-1 5

                         association the authority to adopt a zoning ordinance in ac-
                         cordance with Chapter 29 of the General Statutes. The as-
                         sociation did not exercise its authority initially. The 1971
                         special act stated "the provisions of Chapter 124 of the General
                         Statutes, as amended, shall be applicable ...(and) ... the zoning
                         commission-shall have exclusive jurisdiction (over zoning in
                         the territory)".

                    *Sachems Head Association
                         (18 SL 866)   June 3, 1921
                         (21 SL 235)   May 1, 1931

                         Originally incorporated as an improvement association, Sachems
                         Head Association grew out of the former Sachems Head Property
                         Owners Association. Sachems Head was once a re@ort area with a
                         large hotel, but it is now exclusively residential. The 1921
                         act gave the association a variety of powers, including the power
                         to regulate building lines and construction, prohibit certain uses,
                         provide police services, and take necessary measures to protect
                         the health of residents. The 1931 act added fire protection to
                         the association's powers and raised the limit of the tax rate to
                         not more than 10 mills. The 1935 act gave the association explicit
                         zoning powers. Chapter 29 of the General Statutes was applicable
                         to and within the Sachems Head Association. The association zoning
                         authority was given exclusive jurisdiction within the area. The
                         executive board is, by the 1935 act, the zoning authority, but
                         may appoint a three member zoning board and a three member zoning
                         board of appeals. With approximately eighty residences, only a*few
                         of Sachems Head's homes remain for summer residency only. The.
                         association owns a beach and tennis courts which are open to
                         association residents only.

                    Associations not established by special act:

                    Mulberry Point Association, Inc. July 8, 1948 (31:1174)

                         Mulberry Point consists of 92 high density homes of    pre-World
                         War II vintage which have been converted to year round use.
                         The association owns and maintains roads within the territory.

                    Tuttles Point Improvement Association September 3, 1947    (31:154)

                         Tuttles Point Improvement Association has 40 homes,   now all year
                         round. It owns and maintains area roads. Now primarily a social
                         group, the association holds a picnic annually for its members.

                      INDEPENDENT ZONING

                                                  A-16

                  Tuttles Point  Beach Association, Inc. July 15, 1971    (77:1161)

                        This association owns and maintains.the beach at  Tuttles Point.
                        It collects dues separately from the Improvement   Association.

                  Robinson's Woods, Inc. November 14, 1966.(63:114)

                  Inner Circle Association

                  Little Harbor Association

                        This association of 28 homes owns its roads and maintains two
                        beach areas with annual dues collected from residents.

                  Vineyard Point Association

                        The Vineyard Point area consists of 30 year round homes.

                                                                INCOMPLETE LISTING

                  Hamden
                        Hamde n has no areas of'independent zoning, no separate   taxing
                        districts, and no residential districts established by   special
                        act. Only one possible non-stock corporation was found:

                  Money Island Association, Inc. August 28, 1970 (74:888)

                  Ledyar

                        Ledyard has no areas of independent zoning. The only special
                        district along the river is the Gales Ferry Fire District, the
                        sole function of which is fire protection. Several residential
                        associations are located inland.

                  Lyme

                        Lyme has no areas of independent zoning. There are some inland.
                        associations. One association, established by special act, has
                        separate taxing powers.-

                  Joshuatown Association
                        (22 SL 794) May 28, 1937
                        (32 SL 74) May 25, 1965

                        The association's charter establishes it as an improvement as-
                        sociation with limited authority to prohibit certain uses. All

                        the objective of the association to include "and especially for
                        services are provided b@ the town. The 1965 special act amends

                        the preservation of natural conditions and the rural residential

                                                      A-1 7

                         character of the area".

                    Hadlyme-Ferry Association

                         Established June 19, 1939

                    Madison

                         Madison has no areas of independent zoning.  Several associations
                         are special taxing districts.

                    Established by Special Act:

                    Lee Manor Association
                         (27 SL 196) June 2, 1955

                         This association was incorporated as an improvement association
                         with a Board of Governors responsible for streets, the as-
                         sociation beach, and police protection. Lee Manor includes
                         61 residences, 40 of which are summer occupancy only. LI/ The
                         association owns and maintains a beach open only to its members.
                         Lee Manor has no zoning authority. it levies an annual assessment
                         for dues.

                    Overshore Association
                         (27 SL 191) June 3, 1955,

                         Incorporated as an improvement association, Overshore owns and
                         maintains area roads and a 300 ft. beach open only to association
                         members. The association includes 45 homes, 25 of which are
                         summer occupancy only. 12/ Taxing power is limited to seven mills
                         on the dollar of assessed valuation of taxable real estate.

                    Asso'ciations not established by Special Act:

                    Seaview Beach Association, Inc. August 6, 1946 (29 :534)

                         A non-stock corporation, the Seaview Beach Association includes
                         .47 homes, with 10 for summer occupancy only. The association owns
                         a beachopen only to members. It does not own or maintain roads or
                         conduct any zoning functions.   It levies an annual tax on each
                         household. 13/

                    IV   South Central Regional Planning Agency

                    121  Ibid.,

                    13/  South Central. Regional Planning'Agency

                                                       A-18

                   Waterbury Avenue Association

                        This association includes 20 residences, 7 for summer o      ccupancy
                        only. It owns a beach open to members only and collects
                        voluntary dues, annually. 14/

                   Other Associations:

                   Twin Cove Crow Egg Beach Association,
                   Stoneleigh Association, Inc. October 27,      1960 (49:796)
                   Madison Summer Resident Property Owners'.Association, Inc.

                                                                   INCOMPLETE LISTING

                   Milford

                   Established by Special Act:

                  *Borough of Woodmont
                        (11 SL 275)   April 19,  1893
                                                                                                                 jam
                        (14 SL 449)   June 18, 1903
                        (28 SL 120)   April 23, 1957
                        (28 SL 848)   -June 17, 1957

                        Inco rporated as the W oodmont Improvement Association in 1893, the
                        association was first governed by a sanitary board responsible for
                        control of garbage and nuisances. In 1903, the name was changed to
                        the Woodmont Association and an extensive list of powers was granted.
                        The government structure was changed to a borough format. In
                        1957, the name was changed the Borough of Woodmont and Section 2 of
                        the act states that "said borough shall have all powers and duties
                        of boroughs under the General Statutes". Woodmont owns and ma*intains
                        5 3/4 miles of road. Parking is controlled by the Milford Police
                        Department. The Borough provides its own public works department,
                        garbage collection and some police service. It makes recommendations
                        to the city zoning board, and exercises some of its own zoning
                        authority. All borough property is open to residents of the city.
                        There are 4,519 residences in the Woodmont area with about 2,400
                        for summer occupancy only. The Borough levies taxes on assessed
                        real property. L5/

                   14/ Ibid.

                   15/  Ibid.

                      INDEPENDENT ZONING

                                                        A-19

                    Bayview Improvement Association
                         (18 SL 450) April 20, 1921
                         (26 SL 188) June 29, 1951

                         The 192.1 act gave the association the power to employ watchmen,
                         collect garbage, and maintain the association beach and the access
                         to it. Section 11 of the act gives the association the same powers
                         as towns regarding fires, sewers, and health. The 1951 act
                         changed the date of the annual meeting and the manner of assessing.
                         Bayview includes 350 residences, with about 100 for summer use only. 16/,
                         It owns Bayview Beach which isopen only to association members.
                         The association does not have or exercise independent zoning power.

                    Laurel Beach Association
                         (13 SL 129) April 18, 1899
                         .(18 SL 144) May 14, 1919

                         The special act incorporating Laurel Beach gave it the power to
                         lay out roads, docks a ,nd sewers with the consent of affected property
                         owners, and to furnish residents with water, gas, and electricity
                         Section 8 of the act states that the association shall have all.
                         powers and privileges granted to'towns under sections 134, 135, and
                         136 of the General Statutes and amendments thereof. The 1919 act
                         increased the association's taxing authority, changed the meeting
                         date and manner of voting, and the method.of,selecting officers.
                         The association owns all roads within its boundaries and regulates
                         parking, although the city maintains the roads. The association
                         owns Laurel Beach. There are approximately ?00 residences, with
                         25 for summer occupancy only. 17/ Although under the jurisdiction
                         of city zoners, the Laurel Bea@-h Association imposes additional
                         restrictions upon.its residents.

                    Morningside Association
                         (18 SL 702) May 27, 1921

                         Established as an improvement association, Morningside has the
                         power to tax, establish a board of health and provide police
                         services, and to build and maintain roads and bridges. It was
                         given authority to establish building lines and regulate construction.
                        .The association has the authority to tax at a rate limited to 15
                         mills on the dollar, but the current mill rate is 2.25 mills. There@
                         are 176 residences within the association. Under the jurisdiction
                         of City zoning, the association imposes additional zoning requirements.

                    16/  South Central Regional Planning Agency

                    17/  Ibid

                                                        A-20

                                                                                                                     T

                        The association owns seawall and shorefront to which access is
                        unrestricted. 18/

                  Myrtle Beach Improvement Association
                        (17 SL  907)   April 24, 1917
                        (19 SL  113).  April 19, 1923
                        (21 SL  196)   April 23, 1931
                        (24 SL  589)   May 28, 1945

                        Myrtle  Beach  was incorporated to provide for     garbage collection
                        and regulate   nuisances. Later special acts dealt with assessment
                        powers and a   change in the boundaries of the association. Myrtle
                        Beach is now   "defunct".    19/

                  Point Beach Improvement Association
                        (20 SL 1030) June 18, 1929

                        The special act incorporating Point Beach Improvement Association
                        gave it the power to collect garbage, provide beach care, and levy
                        an annual assessment. It also gave the association the same
                        privileges    and powers regulating fire, sewers, andhealth as       towns.
                        Fhe association owns,fi-ve fifty-foot rights of way'and a 300         ft.
                        beach, access to which is limited to association members. There
                        are 150 residences,,with 50 for summer occupancy only. The as-
                        sociation does not exercise zoning powers. 20/

                  Wildemere Beach Improvement Association
                        (12  SL 231)   May 3, 1895
                        (19  SL 626)   April 2, 1925
                        (23  SL 242)   May 29, 1939

                        (25  SL 936)   June 22, 1,949
                        (25  SL 548)   July 8, 1947

                        (31  SL 225)   June 19, 1963

                        Wildemere Beach Improvement Association was originally incorporated
                        in 1895 as the Walnut Beach Improvement Association. The-1925 act
                        extended the boundaries and changed the method of assessment.           The
                        boundaries were changed again.in 1939. A board of governors was
                        established by the 1947 act, and the name changed in 1949. The.
                        act of 1963 repealed Section 6 of the 1949 act, thereby removing
                        most of the-powers of the association.

                  18/   South Central Regional Planning Agency

                  19/   City of Milford planning staff

                  201   South Central Connecticut Regional Planning Agency

                                                     A-21

                    Associations not established by Special Act:

                    Milford. Yacht Club July 4, 1903 (5:356)
                    Oak Point Club, Inc. -August 19, 1965 (59:611)
                    Point Lookout Association  June 19, 11950 (33:1255)
                    Pond Point Beach Association August 21, 1974 (88:4)

                                                      INCOMPLETE LISTING

                    Montville

                        ,Montville has no areas or independent zoning or special resi-
                         dential taxing districts. No associations were found.

                    New Haven

                         The City of'New Haven has no areas of independent zoning or
                         special taxing districts. Several waterfront condomininum
                         associations were located. The following non-stock corporations
                         were found:

                    Morris Cove Community Club January 14, 1955 (39:985)
                    Ocean View Condomininum Association July 16, 1973 (84:747)
                    Pleasant View Association June 14, 1966 (61:823)
                    Shoreham Park Association September 3, 1946 (30:60)
                    Waucoma Yacht Club January 1910 (7:512)

                                                       INCOMPLETE LISTING

                    New London

                         There are no areas of independent zoning in New London.

                    Established by Sepcial,Act:

                    Neptune Park Association
                         (21 SL 978) May 24, 1933
                         (28 SL 581)  June 4, 1957

                         The incorporating act gave Neptune Park Association the power to
                         collect garbage, employ watchmen, provide beach care, and levy
                         assessments. An unusual provision authorized the hiring of a
                         zoning enforcement officer to enforce City of New London regulations
                         within the territory of the association. The act stated that.in
                         the event of a conflict between association bylaws, regulations or
                         ordinances a.nd.thos.e of the city, the city would prevail. Despite
                         the unique zoning authorization, the association does not have its
                         own officer and is controlled by city zoning.

                                                  A-22

                  Other associations:

                  Gutherie Beach Association
                  Pequot Point Beach Association
                  Bella rd Beach Association (recently sold    name  changed) 21/

                                                           INCOMPLETE LISTING

                  North Haven

                       North Haven has no areas   of independent zoning. No separate
                       taxing districts.exist.    No additional associations were
                       located.

                  Norwalk

                       Norwalk has no areas of   independent zoning authority, although
                       there are several areas  which have no zoning. No associations
                       established by special act were located.

                  Associations not established by Special Act:

                  Village Creek Association
                  Ascension Beach Club
                  Bell Island Improvement Association
                  Marvin Beach
                  Harborview Association
                  Rex Yacht Club July 17, 1961 (50:933)
                  Shorefront Park Improvement Association May 24, 1946 (29:375)
                  Shorefront Yacht Club and Marina March 4, 1965 (58:60)
                  Neptune Boat Club June 17, 1960 (48:1052)
                  Norwalk Shorehaven Association August 19,    1952 (36:435)
                  Norwalk Yacht.Club October 1, 1984 (3:21)
                  Oakwood Avenue Association February 17, 1969 (69:'1020)
                  Roton Point Sailing Association September 13, 1976 (94:188)
                  Roton Point Beach Club
                  Silvermine Manor Association February 25, 1974 (86:497)
                  Snug Harbor Association May 14, 1965 (58:1126)
                  South Norwalk Boat Club May 21, 1931 (18:338)
                  Viking Yacht Club March 8, 1957 (43:345)
                  Westview Lane Association August 22, 1967
                  Wilson Point Beach, Inc. May 16, 1924 (14:459)
                  Wilson.Point Property Owners Association December 3, 1929 (17:390)

                                                           INCOMPLETE LISTING

                  21/   Zoning Officer, City of New London

                                                      A-23

                     Norwi ch

                          Norwich has no  areas of independent zoning. Special taxing
                          districts are for fire service only. Three neighborhood
                          associations with covenants are located inland. One possible
                          shore association was located:

                     Trading Cove Association, Inc. August 31, 1962 (52:785)

                     Old Lyme

                          Old Lyme has no areas with independent zoning powers.

                     Established by Special Act:

                     Miami Beach Association
                          (26 SL 1130) July 1, 1949
                          (26 SL 238) June 12, 1951
                          (37 SA 38) April 10, 1973

                          The Miami Beach Association was incorporated for the improvement
                          of its territory and its "maintenance as a summer resort".
                          Among other powers, it was given the authority to regulate the
                          construction of buildings and prohibit certain business uses. A
                          provision in the charter states that if any ordinance, regulation,
                          or bylaw of the association conflicts with one of the town    'the
                          town will prevail. There are approximately 210 dwellings units,
                          .200 of which are seasonal.

                     Old Colony Beach Club Associaiton
                          (22 SL 160)   May 10, 1935
                          (25 SL 385) June 27, 1947
                          This'association was incorp Iorated as an improvement association.
                          Among its powers, the charter gives it the right to regulate the
                          number of cottages and structures on a single building lot.   ,  Old
                          Colony area was the site of a redevelopment project by the town of
                          Old Lyme. There are 250 units, about 225 of which are seasonal. 22/

                     221 Connecticut River Estuary Regional Planning Agency

                                                       A- 24

                   Old Lyme Shores Beach Association
                        (25 SL 530) June 19, 1947
                        (27 SL 740) December 20, 1955
                        (28 SL 350) May 13, 1957

                        Established to provide for the     improvement of land    and ma-intenance
                        as a residential summer resort, the association is,.empowered to
                        tax at a rate.not'exceeding ten mills. There are approximately
                        200 hundred dwellings, 142 of which are summer occupancy only. 23/
                        The association has the authority to regulate the number and ki@i_d
                        of buildings.     The charter contains a provision by which town laws
                        prevail in the event of a conflict with those of the association..

                   Point O'Woods Association
                        (19  SL 1031 ) June 12, 1925
                        (20  SL 447)   June 22, 1927
                        (20  SL 767)   May 8, 1929
                        (21  SL 1053) June 1, 1933
                        (24  SL 586)   May 28,  1945
                        (25  SL 846)   May 10, 1949
                        (27  SL 213)   June 3,  1955
                        (31  SL 127)   June 1,  1963
                        (33  SL 512)   July 6,  1967

                        the  association charter in a more coherent form. Section 1.5
                        The  1967 special act repealed the    previous acts and reorganized

                        of the 1967 act@includes an extensive list of powers involving
                        streets, water supply, sewers, lighting, garbage, police, traffic
                        control, health and other areas of concern. Point O'Woods does
                        not, however, have independent zoning authority. Although estimates
                        vary, there are about 420 dwellings, close to'400 of which are
                        seasonal. 24/ The association may tax at a rate not to exceed
                        15 mills, -d-nd has the authority to levy a special tax not exceeding
                        five mills to meet any special emergency appropriation.

                   White Sand Beach  Association
                        (20  SL 489) June 22, 1927
                        (21  SL 48)  March 24, 1931
                        (26  SL 930)   June 12, 1953
                        (26  SL 933)   June 12, 1953
                        (28  SL 386)   May 20, 1957

                        Among the powers granted the White Sand Beach Association are
                        the powers to provide fire service, to regulate construction,
                        and the powers of towns -in matters of health, police service and
                        water supply. Amendments to the original act have changed the date

                   23/ Connecticut River Estuary Regional Planning Agency

                   24/ Ibid.

                                                        A-25

                          of the annual meeting and the manner of voting, and have increased
                          the taxing authority to the present rate not in excess,of ten
                          mills per year. There are approximately 130 homes in the White
                          Sand area, all.but a few of which are sasonal. 25/

                    Black Ha.11 Association
                          (25 SL 734)  July  9, 1947'
                          (31 SL 214) June   9, 1963

                          The Black Hall Association is inactive. Oddly, the      description
                          of its boundaries in the 1947 special act encompass    the White
                          Sand Beach Association. The association.has the expl-icit power
                          to enact, amend and enforce zoning ordinances, but it has not
                          done so. The charter and 1963 charter amendment contain a list
                          of prohibited land uses. Much of the Black Hall area is under
                          single ownership and is undeveloped.

                    Associations not established by Special Act:

                    Hatchetts Point Improvement Company stock company, incorporated on,
                      October 21, 1899
                    Hawks Nest Beach Club Association September 4, 1958 (45:1135)
                    Sound View Association
                    Mile Creek'Club
                    Old Lyme Beach Club
                    Old Lyme Country Club

                                                                  INCOMPLETE LISTING

                    Old Saybrook

                    Established  by Special Act:

                   ,*Borough of Fenwick
                          (13 SL 231)  May 15, 1899
                          (24 SL 185) May 19, 1943
                          (26 SL 223) June 13, 1951
                          (28 SL 2j) April 3, 1957

                          Fenwick was incorp orated in 1899 as a borough. It has full    powers,
                          including independent zoning. Amendments since 1899 have elim-
                          inated the office*of sheriff, changed the 'a.,nnual meeting date and
                          the method of tax collection, and provided for biennial election of
                          officers.

                         INDEPENDENT  ZONING
                    25/ Connecticut  River Estuary P'lanning Region

                                                   A-26

                       There are 65 residents in Fenwick, with approximately 40 for
                       seasonal occupancy. 26/ Fenwick"s roads are private and access
                       is controlled.

                  Chalker Beach Improvement Association
                       (21 SL 378) May 19, 1931
                       (21 SL 697) May 28, 1931
                       (21 SL 974) March 22, 1933

                       Chalker Beach was incorporated with powers to collect garbage,
                       employ watchmen, maintain and operate the beach, and levy assess-
                       ments.   Subsequent amendments have dealt with annual meeting
                       dates and a change i-n boundaries. Chalker Beach has no authority
                       to zone. There are approximately .260 resi-dences in the association,
                       of which 180 are seasonal. 271

                  Cornfield Point Associati@on
                       (24 SL 308) July 13, 1943                      An act of May 10, 1935
                       (24 SL 733) June 25, 1945                      (22 SL 15), was never
                       (25 SL 855) May 10, 1949                       accepted by the town.
                       (28 SL 129) April 23, 1957
                       (34 SL 26) April 21, 1969
                       S.A. 74-29 May 6, 1974

                       residences, about 135 of which are still seasonal  28/ Although
                       Cornfield Point Association includes approximately 340

                       the associ,ation has the authority to regulate the number and
                       kind of structures constructed, it does not have explicitzoning
                       power. It is under the jurisdiction of the town zoners. Most
                       amendments have dealt with the assessment powers of the association.
                       The 1969 act provided for a special assessment to construct a
                       jetty. The present assessment may not exceed $100 on each developed
                       lot or $20 on each vacant lot.

                  Indian Town Association
                       (23 SL 369) June 19, 1939
                       (32 SL 187)  June 25, 1965

                       Organi.zed.as an improvement association in 1939, the association
                       does not have independent zoning power. Its charter provides for
                       the prevention and regulation of certain business uses, however.
                       There'are approximately 155 homes in the Indian Town area, about
                       half of which are seasonal. 29/

                  26/ Connecticut River Estuary Regional Planning Agency

                  271 Ibid.

                  28/ Ibid.

                  29/ Ibid.

                                               A-27

                   Knollwood Beach Association
                        (20 SL 1974) June 18, 1929
                        (21 SL 125) April 8, 1931
                        (25 AL 593) July 10, 1947
                        (26 SL 162) June 29, 1951

                        The Knollwood Association has the authority to provide fire
                        protection, maintain streets and beaches, provide street lighting,
                        collect garbage, abate nuisances, regulate sewage disposal, and
                        regulate parking within the territory. The 1951 act provided that
                        .the executive board could appoint a five member zoning commission
                        with powers and duties given zoning commissions.under Chapter 43
                        of the General Statutes. If further provided that if any bylaw..
                        or regulation conflicts with a town ordinance, the stricter one will
                        prevail. At present, the association must comply with the town s
                        zoning regulations, but also have their own zoning in addition.
                        There are approximately 260 residences, only 27 of which are seasonal. 30/

                   Saybrook Manor Association
                        (21 SL 973) May 24, 1933

                   A non-stock corporation established on July 7, 1931 (18:378) was dissolved
                   on February 14, 1975 (89:334)

                        Established as,an improvement association, the charter provided
                        for employment of watchmen, collection Of garbage and care of the
                        beach. There are 165 residences in the area, about 100 Of which
                        are summer occupancy only. 31/

                   Associations not established by Special Act:

                   Great Hammock Association (80 homes)
                   The Forest Glen Association October 24, 1960 (49:569)
                   Otter Cove, Association April 7, 1965 (58:824)
                   The Saybrook Manor Cove Association August 22, 1957 k42:378)
                   Old Saybrook Yacht Club April 8, 1960 (48:746)
                   Reservoir Beach Improvement Association June 2, 1969 (71:388)
                   Saybrook Point Yacht Club August 28, 1951 (35:250)

                                                                INCOMPLETE LISTING

                   Orange

                        There are no area's of independent zoning nor special taxing districts.
                        Only one possible association was located:

                   Valley Yacht Club June 14,  1967 (65:317)

                   30/ Connecticut River Estuary Regional Planning Agency

                   31/  Ibid.

                                                  A- 28

                 Preston                                                                                 e
                       Preston has no independent zoning and no separate taxing
                       districts. No associations were located.

                 Shelton

                       Shelton has no i.ndepend,ent zoning and no separate taxing                        00
                       districts. No associations were located..

                 Stamford

                       Stamford has no areas of independent zoning. The three separate
                       taxing districts are not based on residential association areas.
                       No associations established by special act were found.

                 Associations not established by Special Act:

                 Stamford Yacht Club
                 Woodway Beach Club
                 Oceanview Beach Club
                 Sea Beach Association
                 Dolphin Cove Association
                 Overbrook Drive Association April 11, 1946 (29:285)
                 Pohus Yacht Club March 30, 1911 (8:223)
                 Revonah Woods Property Owners Association April 8, 1958 (.45:254)
                   Amended May 8, 1967 (65:56)
                 River Bend Association May 23, 1966 (61:618)
                 Shippan Point Association August 22, 1908
                   ,Name changed to present name November 22, 1915 (.19:419)
                 Sound View Manor Property Owners Association August 2, 1956 (42:325)
                 Cove Island Boating and Sportsmens Association May 15, 1963 (54:391)
                 Stillwater Association June 22, 1966 (61:927)
                 Sunrise Hill Association May 25, 1976 (93:367)
                 Tapping Reeve Village Association March 9, 1976 (92:827)
                   Name changed from Pine Grove Association
                 Southfield Point Association April 9, 1928 (16:457)
                 Wallacks Point Park Association January 28, 1953 (36:1053)
                 Wardell Manor Association June 27, 1953 (80:1014)
                 Westover Park December 10, 1952 (36:860)
                 Willowbrook Lane Association May 15, 1961 (50:651)

                                                                  INC OMPLETE LISITNG

                                                         A-29

                      Stratford

                            Stratford has no areas of independent zoning.

                      Established by Special    Act:

                      Lordship Park Association
                            .(18 SL 46) (These two   acts provide for an extension in the time
                            (18 SL 653) allotted.the association to construct a street railway).

                            Apparently the Lordship Park Association was a development
                            corporation for the land in the area known as Lordship Manor.
                            The fate of the street railway is unknown.

                      Associations not established by Special.Act:

                      Lordship Improvement Association

                            This association has no taxing or zoni,ng powers.

                            There are approximately 50 dwellings in the Lordship area,
                            only five of which are seasonal. The association seeks to
                            preserve the Lordship area as a residential development.
                            It maintains a beach and collects voluntary dues to pay taxes
                            on it. 32/

                      West  Lordship Beach  Corporation
                            July 9, 1974 (87:853.)

                            The West Lords.hip Beach area includes 30 homes, 4 of which are
                            seasonal. The corporation owns the land and cottages whichare
                            leased by members. 33/

                      Mill  River Association
                      Orono Village Association
                      Pootatuck Yacht Club    February 18, 1903 (5:259)

                                                                   INCOMPLETE LISTING

                      Stonington

                      Established by Special Act:

                     *Borough  of Stonington
                            0  SL 216) May 1801
                            (3 SL 261)   1851
                            (7 SL 697) @187.4
                            (14  SL 640) May  5, 1908
                            (22  SL 603) April 14, 1937

                      32/   Greater Bridgeport Regional Planning Agency

                      33/   Ibid.

                                                   A-3d

                       With the full powers of a borough under the General Statutes,
                       "Stonington Village" instituted its own zoning in August 1976.
                       Taxing at a rate of 2.9 mills, the Borough has its own highway
                       department, but uses the services of the tow    n police, fire
                       inspector, and building inspector.

                  Lords Point Association
                       (19 SL 992)   July 6, 1925

                       Organized as an improvement association, Lords Point has the
                       authority to prevent fires, own and maintain roads, maintain
                       and operate a beach, and employ its own police officers. It
                       may tax at a rate not greater than 7 mills.

                  Associations not established by Special Act:

                  Latimer Point Fire District
                  Masons.Island Property Owners Association
                  Orchard Hill Beach Drive Association September 19, 1961 (52:859)
                  Wadawanuck Club December 6, 1946 (30:474)
                  Wamphassuc Point Association

                                                                  INCOMPLETE LISTING

                  Waterford

                       Waterford has no areas of independent zoning.. No associations
                       established by special act were located.

                  Associations not established by Special Act:

                  Governors Landing Home Owners Association May 22, 1969 (34 SL 127)
                  Millstone Point Association August 17, 1961 (51:19)
                  Waterford Association
                  Bayside Beach Association
                  Pleasure Beach Association
                  Perry Beach Association

                                                                  INCOMPLETE  LISTING

                  West Haven

                       West Haven has no areas of independent zoning. There are two
                       separate taxing districts     the former borough area, consolidated
                       in 1931, and the West Shore Fire District, established by
                       special act in 1935.

                  Associations not established by Special Act:

                  Minor Park Improvement Association 1932 (19:155)
                  Shore Haven Civic Association January 29, 1968     (66:964)
                  West Haven Yacht Club August 8, 1952      36:385)

                                                     A-31

                     Stevens Heights Community Club May 4, 1932 (19:78)
                     Prospect Beach Civic Association November 27, 1967     (66:444)

                                                                    INCOMPLETE LISTING

                     Westbrook

                           Westbrook has no areas of independent zoning.

                     Established  by Special Act:

                     Island View  Beach Association
                           (26 SL 904) May 10, 1953
                           (31 SL 120) June 11, 1963

                           The 1953 act Was voted down in  August  31, 1953, and the as-
                           sociation was not incorporated  until 1963. It was finally
                           incorporated as an improvement  association. The charter
                           contains a provision by which town laws prevail over association
                           regulations and bylaws. There are about 60 homes in the Island
                           View Beach area, most of them year round.

                     Pilots Point Association
                           (35 SL 116) June,23, 1971

                           Pilots Point Association was incorporated for the improvement
                           of the area as a residential and resort area. It has the power
                           to regulate specific uses. The charter contains a provision by
                           which town laws prevail over association regulations and bylaws.
                           A non-stock corporation by the same name was established July 21,
                           1967 (65:642) and dissolved by forfeiture on March 15, 1973.

                     Stannard Beach Association
                         .(25 SL 695)   June.20, 1947
                           (37 SL 54)  May 2, 1967

                           This association's charter  provides for a  building commission.
                           with the power to prohibit  or regulate use of any structure or
                           part thereof. It does not   provide the power to zone. Construction
                           activities are restricted to certain months of the year and a dual
                           permit, from the town and  the association both, must be obtained.

                     Grove Beach Point Association
                           (24 SL 582) May 11, 1945.
                           (25 SL 317) June 9, 1947

                           Grove Beach Point's charter specifically states that the association
                           has "no jurisdiction of the limits between high and low water
                           except to abate nuisances  and quell disturbances".    Section 20 of
                           the amended charter in 1947 gives the authority to regulate con-
                           struction and repair of buildings. Grove Beach point's tax rate is
                           limited to five mills.

                                               A-32

                 Associations not established by Special Act

                 The Chapman Beach Association June 30, 1953
                 The Coral Sands Beach Association
                 The Old Kelsey Point Association September 2 1930 (18:60)
                 Old Kelsey Point Hill'and Beach Association Lgust 7, 1946 ke-9:536)
                 Pointina Association, Inc. of Westbrook, Connecticut July 6, 1960 (49:64)
                 Sagamore Terrace Association July 26, 1951 (35:173)
                 Seaside Beach Association of Westbrook, Inc. July 27, 1965 (59:483)
                 Stannard Beach Improvement Association September 9, 1913 (9:345)
                 The West Beach Improvement Association
                 Middle Beach Association
                 Old Salt Works Road Association
                 Westbrook Council of Beach Associations June 28, 1972 (80:1016)

                                                               INCOMPLETE LISTING

                 Westport

                      Westport has no areas of independent zoning. There are no
                      separate taxing districts or districts or associations established
                      by special act.

                 Associations not established by Special Act:

                 Cedar Point Yacht Club
                 Sagatuck Yacht Club
                 Sprite Island Yacht Club
                 Minuteman Yacht Club October 31, 1967 (66:208)
                 Oak Ridge Park Association February 8, 1957 (43:215)
                 Oenoke@Association April 3, 1972 (80:78)
                 Owenoke Association August 17, 1928 (16:551)
                    Dissolved by forfeiture, March 19, 1969 (70:544)
                    Reinstated October 14, 1970 (75:208)
                 Saugatuck Harbor Yacht Club December 30, 1958 (46:411)
                 Saugatuck Shores Club June 23, 1948 (31:1118)
                 Saugatuck Shores Owners Association July 18, 1955 (40:809)
                 Renzulli-Road Association July 28, 1958 (45:943)
                 Soundview Mens Association December 4, 1972 (82;14J)
                 Twin Circle Drive Association July 9, 1957 (.44:14)
                 Web Road Association June 4, 1975 (39:926)
                 Westport Improvement Association August 16, 1974 (8T:1191)
                 Westport Yacht Club March 5
                                               1959 (47:33)

                                                               INCOMPLETE LISTING

                                                    B-1

                 ,APPENDIX B: ME            MORANDUM ON THE RELATIONSHIP

                      0 F G 'E N E R A L L  EGISLATION AND SPECIAL ACTS

                        In a coastal management system, It may be desirable to consider
                   parts of the coastline as.an integrated whole.. To the extent that the
                   power held by associations interferes with a comprehensive management
                   program, a management system may.fail to achieve certain of its goals.
                   In addition, implementation of such a program at the town level may be.
                   inhibited by the inability of the town to control certain areas within
                   it, particularly the areas which are under control of the towins''
                   political subdivisions.

                        Many of the associations in the.coastal area have been given
                   their charters through special acts, of the General Assembly. Some
                   have been given explicit powers to provide sewers, water, roads, police,
                   garbage collection, and in some cases, zoning. The question which is
                   raised, then, is whether general legislation can be developed which will
                   overcome problems stemming from special acts which result in fragmented
                   control of the coast. Can general legislation prevail over the specific
                   provisions of special acts?

                        Two lines of precedent have evolved through the decisions of
                   Connecticut courts. The first lineis.illustrated by a 1968 decision of
                   the Superior Court of Litchfield County in which the court ruled that a
                   special act is not affected.by a general statute unless.the intent to
                   repeal or alter is clearly manifest (Watertown v. Watertown Fire District).
                   The Watertown decision cites an earlier case as precedent. A later case
                   wi6 asimilar holdi,ng is Waterbury Teachers Association v. Furlong. These
                  .cases are discussed below.

                        The other line of precedent is illustrated by the case of Delinks
                   v. McGowan, in which the court stated, "In the conflict between the
                   exercise of legis.lative power in the general public interest of the state by
                   statute and its exercise in the interest of a local community by a special
                   act, the former must prevail unless the intent that it,shall not be is
                   clearly expressed in the legislation". Delinks makes reference to several
                   earlier cases which will be mentioned below.

                        A central issue contained in both lines of precedent is the degree
                   of explicitness with which the legislature has expressed its intent. It
                   is interesting to note that many of the cases contain a residential as-
                   sociation as one of the parties involved.

                   A.   "A special act is not affected by a general statute unless the intent
                        to repeal or alter is clearly mainfest".

                   Town of Watertown v. Watertown Fire District et al.
                        28 Conn. Sup. 413, 265 A. 2d 496 1968

                                                   B-2

                      In this case, the  plaintiff, the Town of Watertown, sought a
                 .declaratory judgement determining the extent to which powers conferred
                 on the defendants Watertown Fire District and Oakville Fire Districts
                 and survived the adoption of a Home Rule charter by the town. Of special
                 interest,was the extent to which the zoning power of the Watertown Fire
                 District, granted by special act, had survived the implementation of
                 zoning by the town.

                      The court acknowledged that the defendants are both quasi-municipal
                 corporations deriving their existence and powers from a series of special
                 acts of the General Assembly. The Watertown Fire District had been
                 granted zoning powers in a 1941 special act and had adopted a zoning
                 ordinance in 1947, which it had since enforced within the district.    The
                 town adopted its own zoning ordinance in 1955 and in 1961, adopted a
                 municipal charter pursuant to the Home Rule Act. The new town charter
                 provided that "all inhabitants dwelling within the territorial limits of
                 the Town of Watertown ... may hold and exercise all powers and privileges
                 heretofore exercised by said-Town and not inconsistent with the pro-
                 visions of the Charter...".

                      The court responded to several questions raised jointly by the
                 plaintiff and defendants concerning the relationships between the parties.
                 One question concerned whether, since the adoption of zoning by the
                 town, the Watertown Fire District had had the authority to zone. The
                 town contended that it did not.   The court cited Section 8-1 of the
                 General Statutes which gives cities and boroughs the right to have their
                 regulations continue in effect even though the town later adopted
                 zoning.  Since the FireDistrict had been explicitly given the rights of
                 cities and towns with respect to zoning,, the Court held that the Fire
                 District had the right to have its zoning remain in effect. The
                 plaintiff also claimed that Section 7-326 of the General Statutes provided
                 for the adoption of zoning and building regulations by districts, providing
                 that such regulations would be superceded upon adoption of zoning and
                 building regulations by the town. It was here that the Court gave its
                 opinion that a special act is not affected by a general statute unless
                 the intent to repeal or alter was clearly manifest, citing Wallen v.
                 Hatch (below). The court stated that there is "no:clear manifestation
                 that the legislature intended the enactment of 7-326 to repeal the special
                 act in question.. They held that Section 7-237 referred to districts
                 established under the provisions of chapter 105 of the General Statutes'.
                 whereas the Watertown Fire district came into being by prior special act."

                      The court also held that the provision in'the new Home Rule charter
                 that all special acts inconsistent with the charter would be repealed
                 referred only to special acts governing the town and not those of another
                 municipality, the Fire Districts. The court said, "The Home Rule act
                 is a general statute ... it does not contain any language showing intent
                 to give the plaintiff the power, by adopting a charter or any other act,
                 to repeal the special acts containing the charter of the Fire District.
                 The court repeated its position that such an intent must appear clearly
                 in a general statute if a special act is to be repealed by the general
                 statute.

                                                     B-3

                     The State Ex Rel. August E. Wallen v. William L.   Hatch
                           82 Conn. 122 (1909)

                           Action brought in the Superior Court in Hartford County to determine
                     the title to a posit'ion on the New Britain school committee rendered a
                     judgement,of ouster to the  respondent, who appealed to the state Supreme
                     Court. In a holding of no   error, the Supreme Court stated, "A special
                     and local statute, providing for a particular case or class of cases,
                     in not affected by a statute general in its terms, b.road enough to include
                     cases embraced.in the special law, unless the intent to repeal or alter
                     is manifest. The decision, written by J. Roraback, cited two earlier
                     New York cases as precedent.

                           The charter of the city  of New Britain, effective subsequent to
                     the general act in question,   provided for a different method of filling
                     school board vacancies than did the general state act. The court decided
                     that the  two acts, whi'le inconsistent, could both stand and full effect
                     be given  to each. The New Britain act pertained exclusively to 'New
                     Britain,  while the state act dealt with school boards as a whole; there-
                     fore the  acts did not cover the same subject matter. The court said
                     that "so  far as the provisions of the charter are necessarily inconsistent
                     with the  general and earlier statute,the provisions of the former are
                     controlling ... it is said that the later statute is regarded as modifying
                     the earlier in some particular respect".

                           In the Hatch case, the general legislation came first and was
                      modified" by the special act. Since the general legislation did not
                     prohibit the type of action proscribed in the special act, the special
                     act provisions controlled. In the Watertown cases, general legislation
                     (Section 7-326) was passed subsequent to the special act. However, since
                     the general legislation did not state that it was meant to deal specifically
                     with prior special acts, the earlier special act controlled.

                     Waterbury Teachers Association v. Arnold Furlong et al.
                           162 Conn. 390 (1972)

                           Three cases brought before the state Supreme Court on appeal from
                     the Superior Court of New Haven were included in one decision written
                     by Chief Justice House. The point which involves special legislation
                     and general legislation concerned a dispute over whetherthe board of
                     finance or the board of education of the town of Waterbury     had the
                     authority to approve teacher contracts. A 1965 act of the state legislature
                     provided for the board of education of towns to approve teacher contracts.
                     In contrast, a portion of the Waterbury charter provided that the teacher
                     salaries must be-approved by the board of finance. The teachers association
                     contended that the general state legislation held over the provisions of
                     the town charter. Those provisions had their origin in an 1899 special
                     act of the legislature.

                           The court held that the Waterbury t own charter was a special act
                     which was not controlled by the state general legislation. Citing
                     Wallen v. Hatch, Justice House quoted, "a special and local statute,

                                                  B-4

                 providing for a particular case or class of cases, is not affected by
                 a statute general in its terms, broad enough to include cases embraced
                 in the special law, unless the intent to repeal or alter is manifest..."
                 The Justice also stated, "And, if courts can by any fair interpretation
                 find a reasonable field of operation for both statutes without destroying
                 or perverting their evident meaning and intent, it is the duty of the
                 courts to do so, thus reconciling them and according them concurrent
                 effect" (citing Leete v. Griswold Post, 114 Conn. 400, 405, 158 A. 919).

                      The court made special note of a 1969 general act of the legislature
                 dealing with approval of teacher contracts. The 1969 act contained the
                 phrase, "not withstanding the provisions of any special act, municipal
                 charter or local ordinance, the provisions ... shall apply to
                 negotiations concerning salaries        The court stated that the en-
                 actment of the 1969 statute has "materially changed the law of the
                 state as it would now apply to the issues raised in the present appeals"
                 but that since the 1969 act was not retroactive, it had no bearing on
                 the case under question.

                      By implication, it would seem that the inclusion of a provision
                 controlling special acts, charters and ordinances might be sufficient
                 to'have changed the rule of the case.

                 Gennero Pizzola et al. v. Planning and Zoning Commission of the Town
                 of Plainville, et al.
                      167 Conn. 202 T1974)

                      Although the Pizzola case is not based on the precedents of Hatch,
                 it is a case in which a special act prevailed over general legislation.
                 On appeal from Common Pleas Court, the case involved a decision by the
                 Common Pleas Court that an action of the Planning and Zoning Commission
                 was improper, illegal and  an abuse of discretion. The appeal was sus-
                 tained and the Supreme Court ruled no error. In their ruling, they
                 stated "It is well settled that a special act or specific law repeals
                 an earlier general or broad law to the extent of any irreconcilable
                 conflict between their provisions". The court cited Moran v. Bens
                 (144 Conn. 27, 30, 127 A. 2d 42 in support of their position. _`I-f
                 expressions of the legislature are irreconcilable, the latest prevails,
                 even though it is contained in a special act".

                      The Pizzola case may be considered as either a supplement or a
                 contradiction to the Hatch cases. It is concerned with another criterion
                 for deciding between conflicting acts. In Pizzola, the later case pre-
                 vails, in contrast to Watertown, Hatch and Waterbury, where the criterion
                 is explicitness of the general legislation.

                 B.   "In the conflict between the exercise of le gislative power in the
                      general public interest of the state by a general statute and its
                      exercise in the interest of a local community by a special act, the
                      former must prevail unless the intent that it shall not is clearly
                      expressed in the legislation".

                                                      B-5

                     C.   Edwin Delinks et al. v. William McGowen et al.
                             148 Conn. 614 (19617-

                         'The.plaintiffs in Delinks were taxpayers and landowners on.or
                     in the vicinity of the Blackhall River in Old Lyme.     The defendants
                     included the governor of the state, the state fish and game board,     and
                     William and Mildred M. McGowen. The plaintiffs sought an inunction to
                     prevent the McGowens from selling a three acre tract of land they owned
                     on the Blatkhall River to the state.    A judgement for the defendants
                     and subsequent appeal by the plaintiffs from the Court of Common Pleas
                     of New London County resulted in a decision of no error.

                          The state wished to acquire the land to provide access to land
                     on Great Island, which the state had acquired for duck hunting. Three
                     acres  were needed in order to provide parking for persons using the
                     access. In resolving a dispute over the intent of the state statute
                     enabling the fish and game board to purchase property for access to
                     hunting and fishing rights, the court stated "When the language of a
                     statute appears to be ambiguous, the court looks beyond the literal
                     meaning of the words and considers the history of the legislation,     the
                     circumstances surrounding its adoption, and its apparent policy and
                     purpose". This phrase is the one that has been most quoted in subsequent
                     references to Delinks.

                          The portion of the decision which deals with the relationship
                     between general legislation and special acts concerns certain provisions
                     of the special act chartering the Black Hall Association (see Appendix
                     A). The plaintiffs, some of whom lived within the territorial limits of
                     the Black Hall Association, claimed that the use of the McGowen property
                     for the purpose proposed was prohibited by Section 9 of the special act
                     incorporating the association. Section 9 was, in effect, a zoning
                     regulation concerning the use of property within the territorial limits
                     of the association. It forebade the erection or use of a building or
                     premises for, among other uses, "places of amusement". In response, the
                     court answered "In this (underlining is mine) conflict between the
                     exercise of legislari-ve power in the general public interest of the state,
                     by a general statute and its exercise in the interest of a local
                     community by a special act, the former must prevail unless the intent
                     that it shall not is clearly expressed in the legislation". Chief Justice
                     Baldwin, in his decision stated simply that the court concluded that the
                     charter of the Black Hall Association "does not prohibit the purchase of
                     the McGowen property by the board for the uses proposed".

                          In making their decision, the court cited Jennings (below), State v.
                     Hartford (below and State v. Shelton (below).

                     Herbert Jennings et al. v. Connecticut Light and Power et al.
                       140 Conn. 650, 655 (1954)

                          The Jennings case involved a request by the plaintiffs, individual
                     residents and property owners of Norwalk, and co-plaintiffs, the Wilson's
                     Point Property Owners Association and t  he Village Creek Property Owners

                                                 B-6

                 Association  for declaratory judgement against the Connecticut Light
                 and Power.Company,.the Norwalk Zoning Commission and Harbor View
                 Company, a non-profit corporation of property owners. Connecticut
                 Light.and Power had purchased land on Mauresa Island in Norwalk which
                 was zoned Residence B under Norwalk's zoning regulations. The property
                 was located near property owned by Jennings which was also zoned
                 residence B, and across the water from.the Wilson's Point area and a
                 public park owned by the City of Norwalk.

                      The company had purchased the property for the erection of a
                 steam plant and applied to the Norwalk Zoning Commission for permission
                 to do so. The Norwalk zoning regulations included no mention of steam
                 plants or other public utilities. The company asked that the commission
                 enter an order regulating and restricting the location of the plant,
                 and the commission did so, issuing an order with 23 separate conditions
                 on construction and operation. The plaintiffs then charged that the
                 plant would be a dangerand a nuisance and have a negative effect on
                 property valued, and further charged the zoning commission with a
                 violation of their regulations which did not given them the power  to
                 issue such an order.

                      The decision, written by Justice Baldwin, later the author of
                 Delinks, carefully stated that it was necessary to look at the legis-
                 lative history of the;statute under which the zoning commission claimed
                 authority. -The statute was general state legislation involving the
                 Public Utilities Commission. The court indicated that the statute
                 specifically stated that "one of its purposes is to promote local contro *I
                 of public service corporations as well as assure the state full,powers
                 to regulate such corporations. It has never been the policy of this
                 state to place in the hands of its local government a large authority in
                 regulation of their local affairs". The court continued, indicating
                 that as public service corporations grew, the P.U.C. was created to
                 "regulate them uniformly and in recognition of a public interest above
                 and beyond the boundary of a single town. In light of the history and
                 evolution (of the statute) ... it is apparent that local authority must
                 give way to statewide authority when the matter involved is one of more
                 than purely local concern". (p.664) The court a'cknowledged that the
                 legislative problem was how to accomodate the local power of zoning,
                 administered through local agencies of.government, to the statewide power
                 of public utilities regulation. The court found that "the plain intent
                 of the legislature is that a public utility company, ... if it'desires
                 to erect a steam plant in a city or town where there is a zoning com-
                 mission and zoning regulations, shall apply to the zoning commission, if
                 that is the local agency which has authority to adopt zoning regulations
                 The zoning commission acts as a special agency of the state. In that.
                 capacity, it exercises its zoning powers in a manner prescribed (by
                 the statute) and subject to appeal to the P.U.C. The zoning commission
                 is thereby in a position to aippraisenot only the welfare of its own.
                 community but also the larger welfare of the state as a whole. `The
                 designation of a local zoning agency to perform a joint function with  the
                 state is not new in our state statutes".

                                                       B-7

                          The court also addressed several other points raised by the
                     plaintiffs including delegation of legislative powers, for Which it
                     decided there was no violation; and violation of due process, which
                     the court decided had not occurred because the commission, acting as the
                     agent of the state, had special police powers as a result.

                          Justices Quinlan and O'Sullivan dissented, stating in    their
                     dissent that the majority opinion "so far as it recognizes that the
                     zoning commission ... was acting as a special agency of the state and.
                     thus exercising powers subject to an appeal to the P.U.C. is erroneous".

                          At first glance, there appears to be little similarity between
                     Delinks and the Jennings case. The Jennings case did not deal with
                     general and special legislation. The common point is the contention in
                     Jennings that local authority must give way to statewide authority when
                     thematter involved is one of more than purely local concern. Perhaps,
                     since Justice Baldwin was the author of both decisions, he saw a very
                     distinct common thread.

                     State v. City of Hartford
                       50 Conn. 89, 90 (1882)

                          In City of Hartford,  as cited in Delinks, the court refers to the.
                     earlier d'ecision of State v. Shelton. "In the case of State v.     Shelton
                     47 Conn. 400, we said "It  may be stated, we think, as a universal rule
                     in the construction.of statutes limiting rights, that they are.not to be
                     construed to embrace the government or sovereignity,unless by express
                     terms or necessary implication such as appears to have been the clear
                     intention of the legislature, and the rights of the government are not
                     to be impaired by a statute unless its terms are clear and explicit, and
                     admit no other construction".

                          This early position that the rights of government were not to be
                     restricted unless the intent to do so was explicit was expanded in
                     Delinks to include general I egislation which could not be controlled
                     by another act (in Delinks, a special act) unless the intent to control
                     was expressly stated.

                          The facts of the case in both Hartford and Shelton are not very
                     similar to those of Delinks. In the Shelton case, the court was con-
                     cerned with a debt which had been discharged in bankruptcy. The question
                     of whether the discharge affected the claim of the state was resolved to
                     indicate that it did not. In Hartford, the court ruled that the state
                     could not be sued, and therefore, could not be compelled to pay a sewer
                     assessment. "Hence the local city charter not only does not expressly
                     or by necessary implication include the state, but by necessary im-
                     plication excludes it". The local charter did not control the general
                     government of the state.

                                                  B-8

                 Hartford Electric Light Company v. Water Resources Commission
                    162 Conn. 89, 96 (1971

                      The cases subsequent to Delinks in which that case is cited deal
                 mostly with the statement in that case concerning the importance of
                 legislative hsitory in determining legislative intent. Only one cas,e
                 was found which uses the rule concerning the relationship between special
                 and general legislation.

                      In this case, the Hartford Electric Light Company (HELCO) con-
                 tended that its franchise from the state legislature which gave it
                 the power to erect and maintain facilities on or over highways also
                 gave it the power to place transmission lines over navigable rivers,
                 such rivers being equivalent to highways. The Water Resources Commmission
                 claimed it had the power, rather than the PUC which controlled the
                 utility franchise, to regulate the location of transmission lines
                 over a river. An action for a declaratory judgeme nt brought to Superior
                 Court in Hartford County by the Water Resources Commission was appealed
                 upward by both parties. The Supreme Court, citing Delinks, ruled that..
                 "Franchises are subject to the interests of the general public as ex-
                 pressed in general regulatory statutes". The Water Resources Commission
                 has the jurisdiction. From an examiniation of the preceding cases@ it
                 appears that the relationship of general legislation to special acts
                 is not a well-defined legal issue. Factors which have been considered
                 important are the explicitness of a statute which is claimed to control
                 another; the time sequence of the passage of two acts, whether special
                 or general in nature; and, in Delinks, the relative importance of the
                 general state welfare as opposed to a more narrow interest on the local
                 level.

                      It would appear that a general state statute, if written so as to
                 explicitly control provisions of prior special acts, would control.

                                                        C-1

                     A P P E N D I X C:    T E SIT I M 0 N Y    B E F 0  R E   T H E C 0 M M 1 1"  T E  E
                       0 N C I T I E s     A N D    B 0 R 0 U G H S, A   P R I L 24, 1 9 6 3.

                          Appendix C is a  copy of the testimony presented at the hearing on
                     HB 3617, a bill amending the charter of the Crescent Beach Association,
                     concerning its territorial limits. Appendix C is included with this
                     report, not because it is an important bill, but because it is just
                     the opposite.

                          The testimony on HB 3617 graphically illustrates a number of points
                     made in the text. First, it shows the nature of matters which may be
                     ,dealt with by special acts. Second, it illustrates the flavor of a
                     summer resort area. Third, it tells of the evolution of an association
                     as the town has grown around it. Fourth, it shows the power of an
                     association over its members. Also well illustrated are some of the
                     fears of association members, in terms of a diminished qulaity of life-
                     style, which have prompted residents to seek the protection of an
                     association. Lastly, the financial costs of association membership
                     are apparent.

                     NOTE:

                     For a good view of the "flavor" and evolution of an Association, see
                     Major John Mason's Great Island, by James H. Allyn, published by Roy
                     N. Bohlander, Mystic, Conn. 1976.

                                                      C-2

                                                                          April 24, 1963

               SENATOR          We, will open   the hearing on H-B 36i@,, AM.DING THE CHARTER OF
                 PICKETT:       THE CR@-'SCENT  BEACH ASSOCIATION,, CONCERNING ITS TERRITORIAL
                                LIMITS.

               CHARLES T.       I'm Charles T. Phelps, resident       of Black Point Road, and I'd
                  PHELPS:       like to speak in favor of this bill. At this time I'd like
                                to present a map we brought along that shows the affected
                                area. (pointed out places on the map) lalso like to present
                                this petition which contains signatures of all the members
                                Aere is a letter of one of the residents who couldn't come
                                today. One reason we'd like to get out of this association
                                we're all year around residents who receive no benefits
                                from this organization. We are all at least one mile from
                                the beach and it's too far to walk and-if we drive down
                                there is no place to park. All the facilities are taken
                                over by the town of East Lyme. The town gives fire pro-
                                tection, police protection., garbage, maintenance of roads9
                                liahts, etc. The Crescent Beach Association furnishes us
                                with nothing for our tax money. The year around home being
                                a more substantial home, we are paying a higher assessment
                                to the association than the summer people. Not only that
                                the 27 years the organization has been in operation, the
                                ,residents of this vicinity have had no representation on
                                the Board of Governors at all, The town has the responsibility
                                of all the building there., too.

                                Just for the record,, you want the area in red excluded, taken
                                out?     Thank you.
                FRED OSTLUNI):  I'm Fred Ostlund and I've lived there permanently for ten
                                years. i'm a mile away from this beach and I see no reason
                                why I should belong to the,association, We pay 0,00 for a
                                permit and use the town beach. Mien they put this bill
                                through, they left this out because it belonged to Elmer
                                Russell who was a member of the Legislature and he told them
                                if they put it in he would kill the bill. They left Anson
                                McCook's property too for he was a member of the Legislature
                                and he would fight it. That's why things are that way.'We got
                                a letter this week saying we wanted to get out because we wanted
                                to use it for commercial purposes. There's only about 4 lots
                                left, and I own two of them and I'm certainly now putting any
                                commercial property there. Now on this budget that they have,9
                                they have a balmoe of about $5,000. 1 questioned their attorney

                                                     C-3

                                        Edmund O'Erien, if it wasn't illegal to carry money like,
                                        that in the bank. He said., yes, it was. That money should
                                        be returned and the tax rate reduced. Now they have an item
                                        on this budget every year, it's just like a carbon copy,,
                                        permanent improvements $1.,000. They don't even own one
                                        square inch of land down there, they also have beach repairs
                                        requiring heavy machinery, $700*00. For a piece of land
                                        two or three hundred feet long, it seems like an awful lot
                                        of money. Now we find out that they have never paid any
                                        taxes on that property and the town is     going to take it over.

                   GEORGE F.
                     .NICHOLAS:         I'm George F. Nichols,   Black Point Road. lie have no benefit
                                        whatever from the association and just pay the tax, We would
                                        like to got out of it., have this bill supported
                   MRS. ANY             I am Mrs. Amy Hillyer,, of,Black Point Road., a year round resident
                   HILLYER:             of Crescent Beach for 32 years. My husband has been a year-round
                                        resident since 1912. 1 am speaking in support of HB#3617.
                                        In regard to expenditures of collecting tax money I'd like to say
                                        that no association funds have been used for any water company
                                        or are being used'for water system within the association. Water
                                        system is now being paid for by individual property owners and
                                        the town of East Lyme. As year-round residents and in agreement
                                        with statements made by my neighbors, we'd appreciate favorable
                                        vote an this bill.

                   LEONARD RUSSELL: Leonard Russell, property owner on Black Point Road. I would like
                                        to bring up a few items on a letter which a former secretary of
                                        the Association wrote, and was mailed to all the members of the
                                        association. fie said, this area would be used for commercial
                                        purposes. Under the charter of East Lyme, that land comes under
                                        our rule and doesn't allow anything but single houses. Last time
                                        about two years ago when they had a bill, it took out the'VEW
                                        Hall., I don't know if you rem6mber it or notj at that time they
                                        brought up the big issue that they were there for a liquer
                                        license and consequently we took the hall out then, it isn't
                                        in it now, This bill here calls for simply something like 37
                                        families, a block by itself, who want to get out.

                   MRS. ROY             Mrs. Roy Yorejon, 20 year resident of Black Point Road., Crescent
                   MOREJON:             Beach Association. At Crescent Beach, there is a beach to use
                                        one mile walking distance and no parking facilities provided*
                                        The beach is now in the land records in the Town of East Lyme,
                                        By advice of town council, Edmund O'Brien, this was brought to
                                        light when revaluation was done in 1962. We find years of
                                        unpaid taxes. Furthermore, this beach is a public beach and
                                      @has been used as such for over 100 years. As it is in East Lyme
                                        and taxes haventt been paid on it,, it will automatically belong
                                        to East Lyme. Therefore cleaning and upkeep will done by the town,

                                                  C-4

                                  Roughly, how many would be involved.

                                  37 families.

                                  Would there beany crippling effect on the asmociation by the
                                  lack of revenue if this particular area was taken out.

                                  I don't know why it wo,31d. As one lady.said, there is a
                                  surplus of S4,0jO at the present time. Also now that the
                                  town is taking over the maintenance and lifeguarding of the
                                  beach, they wouldn't have that. This would more than com-
                                  pensate the loss of this area. I don't see where there would
                                  be any financial loss to tW association.

                                  What is the point of the association?

                                  it Is a summer association, like all beach associations. I
                                  should point out originally when this association first started
                                  the town did-not supplyanything., have building codes, and
                                  this w@s a function that the association performed. Now the
                                  town provides everything they don't perform these duties any
                                  longer.

                                  Further proponents?        Opponentse

               DONALD R. DOWD:    Ky narm is Donald R. DowdI-West Hartford. I'm president of
                                  the Board of Governors, Crescent Beach Association. In view
                                  of a referendum held on August 26,, 1961 in the name of the
                                  large group of the Crescent Beach Association, we are against
                                  this bill,   It would take away an interval area of our
                                  association and open up the establishment possibly of commerci
                                  enterprise. Someone mentioned here, liquor or no liquor, the     al
                                  problem in our beach they do not sell liquor and in East Lyme
                                  they do. We just don't want liquor at the beach., this is the
                                  reason thig question.comes up constantly. All of this section
                                  is part of a total geography of the association bounded by the
                                  New Haven Railroad and if any of the area is opened up for
                                  business it will make our zoning u6elese. We would have the
                                  street on one side for the beach, and across the street have
                                  business. We voluntarily accepted thetown building code as
                                  soon as they adopted this uniform state code. As far as taxes
                                  are concerned. last year I tried to get Mr. Manwarring to get
                                  us a letter that the town of East Lyme would take care of our
                                  beach and we could reduce our taxes and budget; but he could not
                                  do.it. I don't know if it is correct that he will now take c
                                  of the beach for us or not, The thing we are most interested in
                                  maintaining is our zoning. We are a section of many big old .
                                  houses, and if we can't control the establishments around us we
                                  will be another Sound View and this is the thing they are trying
                                  hard to avoid. We still maintain our own zbning., the town zoning
                                  does not supercede.
                                  Has this thought ever been explored? The owners of land within
                                  that area who want to be excluded submit their land to a

                                                       C-5

                                         declaration of restrictions and covenants.

                                           don't think the idea has eve    r been explored*

                                         Thmy would subject their land not to be zoned commercially.
                                         That is your objection isntt it, commercial zoning?

                                         I think that in itself would be worth exploring, I must say
                                         that some of the people who Bay they get nothing from the
                                         association are incorrect. One gentlemen here was wrong.
                                         If the town of East Lyme will take over for us that will be
                                         fine, we would like to reduce our taxes as wall as the next
                                         one,

                     HARRIET BARRET      I'm Harriet Barrett Dower, a former secretary to the         Beach
                        DOWER:           association. I sat originally as a clerk when the organization
                                         was formed when Mr. Edwin May was the moderator, and have
                                         served with the Board all of these years. My sister and I are
                                         one of the largest property owners at Crescent Beach. Both of
                                         my grandfathers owned property at Crescent Beach long before
                                         the turn of the century and'our boys still own property at
                                         Crescmt Beach. Vle are very much in favor of tV organization
                                         we are very happy at this time to oppose HB #3617 with the
                                         hope that it will not only be for the good of the beach but
                                         the good of our state and to keep that area simple and the
                                         way 'we would like it for the summer. We pay taxes and of
                                         course the town of East Lyme gets the benefit for their schools
                                         and we are only there a very short time. We are very happy and
                                         try hard to keep it simple and     nice and I should like to oppose
                                         this bill.

                                         Is the basis of your opposition the fact that you fear a
                                         commercial trend?

                                         We have thought of that but of course at the same time SB#983
                                         came up at the last legislature and then a vote was taken. we
                                         feel we should honor the vote that was taken at our Annual
                                         Meeting of the Association and all people have an opportunity
                                         as these people do too, to-put their proposition before our
                                         board and not bother the state. We are a municipality and we
                                         are able to have power to run our little section and there's
                                         no reason why they couldn't put in a petition to us.

                                         What is the voting ratio between the summer residents and the
                                         year around residents?

                                         @-!e have about 331 property owners, 81 of those a year round
                                         residentej so   that every August when our annual meeting is hold
                                         everyone has an opportunity to come and make their feelings
                                         known. There is a trend toward people retiring and living there
                                         year around, but right now we have more sunmer residents. We
                                         are happy there and want to keep it nice.

                                                   C-6

               MRS. LENORE M.       Mrs. Lenore M. Ostlund, a 10 year resident of the Black
                  OSTLUND           Point Road. In the first placet this Crescent Beach
                                    Association is a summer project. It functions not more
                                    than three months a year. If after Labor Day we need any
                                    service, we call the town of East Lyme** It is forgotten
                                    until the next June. Now, in the budget for 1963, we
                                    received Item 3. is permanent improvement, 41@000. Each
                                    year that has been listed and as rV husband said., carbon
                                    copied. This year we have been earmarked for possible.
                                    land,acquisition, parking, and a jette. Now thip balance
                                    Z4,000 was discussed and questioned, there was remark made
                                    at the association meeting to the effect that they possibly
                                    had something in mind for the people in this area. At the
                                    present time, we pay 312 mills in taxes to the association.
                                    They have the powers to increase it to 5. With further
                                    legislation, it could go on and on. The people in this
                                    area are given everything they need by the town of East
                                    Lyme. The town provides them with a lovely beach, ample
                                    parking, playground.,,and a picnic area. For the privilege
                                    of using this, they pay the town $3.00 a year and they
                                    are very happy with things as they are. Now, all these
                                    people ask is to be excluded from this association. They
                                    are all-year around residents; the other group are summer
                                    people, their homes are assessed accordingly. We have
                                    higher taxes also because we have bigger homes. We feel
                                    that we are double taxed. For this reason., I would ask
                                     you to consider this bill.in a favorable manner.

               REP. WILLIAM         Rep. I-lilliam Morrin., town of East Lyme. I would like to
                    MORRIN:         appear in favor of this bill. I think the people who have
                                    spoken before me have pointed out all of the reasons they
                                   .would like to get out of this association. As they have
                                    said, they have nothing in common with the people who are
                                    in,@he association. They have all year around 110mes, the
                                    town provides them Nith fire and police protection, street
                                    lights, etc. They get absolutely nothing from the associatione
                                    Heretofore., t@ie association took care of a beach that was not
                                    actually theirs but was used by the.public in general. There
                                    was no parking there. There was a revaluation a year ago and
                                    it was found that noone owned this beach and that no-taxes had
                                    been paid on it, so the Town Council ruled that the rown would
                                    take it over. The Town from now on will take care of cleaningg
                                    lifeguards, etc. The association will not have any duties to
                                    pdrform there. Basically, if the town takes care of everything
                                    and they don't own the beach., I can't see why they need the
                                    as3ociation. At least, if these people who arentt summer resi_
                                    dents and aren't in the group, they should be allowed to got
                                    out'of the association If they so feel. I am.not a member of
                                    this association, but live further on,, but I go through it &3_1    .
                                    of the timg. Every person in that area is desirous of getting
                                    out. I am very strongly in favor of this bill and hope this
                                   .,committee will 'give it a favorable toports

                                                    C-7

                   CARL GINOTTI:      MY name is Carl Ginotti and   I've been down to Crescent Beach
                                      for about fifteen years as a tenant. I have four children
                                      we move there because it is a nice quiet beach and there
                                      in no rowdyism. Anything that is going to be done to change
                                      that., I am against. We pay taxes not only to our association
                                      but also to the town, so if we got any benefit from the town
                                      we are paying for it. The town doesn't give any resident of
                                      Crescent Beach any-thing for nothing. We pay on the same assess-
                                      montB as anybody in town. If someone thinks that the summer.
                                      property isn't assessed at its full value they can come down
                                      to my house and they will find that it is assessed the same as
                                      anyone else, because we had a revaluation a couple of years
                                      ago, Anything that is going to start to squeeze our association
                                      and Poke it smaller and there is nothing to prevent it and at
                                      some other time from somebody right in the middle of the
                                      association saying I don't want pay this, I want to get out;
                                      now,, if this is going to set s precident it's going to be bad*
                                      Now they want to take out an area that they claim is too far
                                      from the beach it's a pretty slim excuse, There are probably
                                      some people right in the middle of the beach who-don't even
                                      use the beach and they could follow and do the same thing*
                                      I have four children and there is no establishment there that
                                      sells liquor and I'd like to keep it that way. Here's an
                                      excerpt from the Niantic News what might happen and what did
                                      happen at other beaches. The Old Lyme FIrst Selectman, Mre
                                      Bugbee, called Sound View a blight on the town at a town '
                                      meeting this week, 75 persons attending burst into applause.
                                      The article also stated how run down the buildings were
                                      and how they were becoming a menace to good health, I
                                      would like to see nothing like that happen to Crescent
                                      Beach. So far it has been kept very nice. The peopie of
                                     .the town should be glad we pay taxes and only come down in
                                      the summer. A flimsy excuse as'they are providing us with
                                      services that we are not paying for is very @ntrue, becaus*e*
                                      we pay for everything that we got from the town. It was
                                      primarily done to keep that area from being run down. We
                                      don't want to see anything like t   'his start where anyone who
                                      wants to get out of the association on a flimsy excuse of
                                      not paying $15 or $20 to the association will have A chance
                                      at some further time to say I just want to got out, I'm just
                                      one block from this area that is being discussed and I don't
                                      want to see anything happen for it will be right in my back
                                      yard.

                     SAMUEL           My name is Samuel Steinberg., kly family has been vacationing
                      STEINBERG:      at the beach f 'or the last 29 years, We have owned a home
                                      there for 13 yearBP now my grandchildren will be using it and
                                      I don't want to see any changes made in that'beach. All tfie
                                      reasons for. not changing it have been presented.

                     SARAH  N.        I'm Sarah N.Graham.    I just want to Bay that my family.. my
                        GRAHAM:       father and my grandfather built there In 1884 and we have
                                      since lived there and stil.1 own property there. we lived

                                               C-8

                                   in that horrible period when there was no association which
                                   almost wrecked all of us. Since I would hate to see the
                                   association and its habit or sort of regulating and making
                                   the place a decent place for children to live., I would hate
                                   to see it broken up in any way.
             JOHN MCCLOUD:         My narne is John McCloud) and I'm a member of the Board of
                                   Governors of the Crescent Beach-Association. I have been
                                   a property owner there for about twenty years and have gone
                                   thore every simner since I can remember. The gentlemen,,
                                   Mr. Ginotti, has hit at the core of the argument here. The
                                  ,question was raised would this cripple the association
                                   financially - no it would not. However, the association
                                   has been inexistence for many years. The 'impression has been
                                  .given here that all of the year round residents want to
                                   secede from the association, this is not true. There is a
                                   growing number in other sections of the beach who are
                                    putting up year round cottages and the reason they are
                                   doing this, is that they know they are protected and they
                                   will not have an undesirable location. They do not want
                                   business or a saloon next to them as there are in 'Other
                                   areas. It   is common knowledge that if this petition is
                                   granted that there is already in the making another petition
                                   that would chop off another corner away from the beach with
                                   the specific idea of putting in a motel and a nightcltib.,etc,
                                   It is this that we are strongly opposed to. We don't wish to
                                   see the association whittled away until the thing that we
                                   have all loved for years does not exist.

                                   Would the town zoning allow that?

                                   Right now it ion' t zon ad fb r anything.

                                   My name is Alexander J.Alanthal.,- and I am opposed strongly
               ALEXANDER J.
                                   to this bill. 1-je have owned property at Crescent Beach
                 ALANTKAL.         since 1938 and to correct an impression about taxes, and
                                   this is getting down to a personal situation, we are taxed
                                   by the town of East Tyme $450, by the Crescent Beach Assn.
                                   about $50-00. We pay our East Lyme tax without protest and
                                   we pay our Crescent Beach tax with pleasure because we have
                                   found it to be one of the influences Crescent Beach a work-
                                   ing and worthwhile place to live during the summer. Had
                                   there been no Crescent Beach Associationp we never would
                                   have bought the property there. The proponents of this bill
                                   seem to point out what they consider a bad point of the
                                   Crescent Beach Association; the main feature being that they
                                   have to pay a tax. I don't think any of them pa7 a greater
                                   tax than I do to the town of East Lyme, Despite the fact that
                                   the residents of the town enjoy the town the whole year, the
                                   summer residents enjoy it for only three months. We save this
                                    town nine month's expenses. This looks to as like a chance

                                                       C-9

                                    to me to place the existence  of these like associations
                                    in Jeapordy, once you have an entering wedge, you don't
                                    know where it will stop. We don't know just what the
                                    intent is. As far as town expenditures, I know a group
                                    attended the meting when the town was to make an appropriation
                                    for the McCook park and beach, we favored it for we thought
                                    it was good for the town. We have never contested any of their
                                    appropriations at any of their meetings whather it was for
                                    Flanders, Giants Neck, or what have you.  We've always been
                                    happy to go along vith the town, I think  this group should be
                                    happy to go along with us. If they were   taxed on the basis
                                    of no swmer property owners down there,   they would not only
                                    want to leave the association they never  would have built in
                                    Niantic because they wouldn't be able to  take care of the
                                    expense of the schools and services that  they enjoy for twelve
                                    months and we enjoy for three months. I   hope you will oppose
                                    this bill.

                                    Lest we leave an unfavorable opinion, I  think Mrs. Ostlund
                                    didn't mean it, but she said the winter  residents live
                                    apart. We have a great many friends amond the winter residents
                                    and as someone pointed out, many people who retire are down
                                    there. Carl Ostlund, Ray's brother, I regard as a very good
                                    friend, so there.is no ill will.

                    LEON RIS        Leon RisCassisHartford. I am here in opposition. There is no
                       CASSI:       dispute here between town and association. This is just a
                                    minority group and it should be accorded a full hearings and
                                    I'm a member of the Board of Governors and against this bill.
                                 A Hearing no furt4r speakers on this bills I declare the hearing
                                    closed on HB# 3617.

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