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slimecoat



Joined: 09 Nov 2007
Posts: 1576
Location: Newington, CT.

PostPosted: Wed Sep 01, 2010 1:27 pm    Post subject: Bantam Lake Access - Be Careful Reply with quote

Hey CTFishtalkers,

I just got off the phone with Bill Forman at the DEP. He answered a few questions about access to a few lakes. I asked him about Bantam and this was his response.

The state has not agreed with the town on a cost to use fee so to speak, so the launch is still under control by the town, for use by town residents only. The sign has been taken down by the town, only because a new more official one is being made, I'm sure with parking ticket costs right on the new sign.

This way the town can inforce ticketing of those who do not live in town. So be careful, there is no telling when they will begin ticketing vehicles from out of town.
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Fishface



Joined: 02 Jan 2008
Posts: 308
Location: New Britain

PostPosted: Wed Sep 01, 2010 1:42 pm    Post subject: Reply with quote

Good Heads up Slime.

Tim
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Wed Sep 01, 2010 2:13 pm    Post subject: Thanks, slimecoat! Reply with quote

I thought that the sign had been "unofficially" removed, because it looked like it had been ripped down. I should have taken a photo of it. I guess non-residents will be able to use the launch until the new sign goes up.
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slimecoat



Joined: 09 Nov 2007
Posts: 1576
Location: Newington, CT.

PostPosted: Thu Sep 02, 2010 9:56 am    Post subject: Reply with quote

Do what you want, you may get ticketed though!

It is officially just for Town Residents Only!

I live on the other side of the state, so for me it's a haul to fish out there, thus I don't really care that much. I would love to fish a tournament out there again, but that just isn't going to happen anytime soon.
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SkeeterJim



Joined: 08 May 2007
Posts: 2219
Location: Newington, CT

PostPosted: Thu Sep 02, 2010 12:24 pm    Post subject: Reply with quote

Thanks for the heads up Gary. Looks like I'll have to take my Hobie and launch from the river and make my way to the lake. Love fishing there but not enough for a nice hefty ticket fine.

Jim,
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Thu Sep 02, 2010 2:53 pm    Post subject: Still no sign. . . . Reply with quote

As of noon today, there was still no sign:


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AustinB



Joined: 10 Jan 2009
Posts: 120
Location: Simsbury

PostPosted: Sat Sep 04, 2010 5:38 pm    Post subject: Reply with quote

Thats stupid. Where are people suposed to park, or are they trying to make it a private lake?
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SeaDog1



Joined: 21 Dec 2009
Posts: 2629

PostPosted: Sat Sep 04, 2010 7:00 pm    Post subject: Reply with quote

Hi!

Yes, Austin.
The towns of Morris and Litchfield, that have complete juristiction over Bantam Lake, and locals want to make Bantam exclusive for themselves and exclude all public access.

The state failed to renegotiate for public access to the boat ramp there which is town owned.
The towns had asked the state DEP for assistance with the aquatic weed problems.
The state did nothing and the towns put up their own money to solve the problems.
Since the state did not render any assistance and did not negotiate at all for the use of the boat ramp, the towns decided to make the ramp exclusive to residents of Morris and Litchfield.
The town of Bantam may also have ramp rights, but I'm not sure!

(I do know you can gain access to Bantam thru some of the marinas BUT YOU WILL HAVE TO PAY A FEE!)

Much like Lake Pocotapoug in East Hampton is a town only lake and Lake Teragmugus in Malboro is a town only lake.
Both of these are for town residents only and exclude the use by the public.

There are many many more throughout the state that are town waters or private.

SeaDog1
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AustinB



Joined: 10 Jan 2009
Posts: 120
Location: Simsbury

PostPosted: Sun Sep 05, 2010 4:26 pm    Post subject: Reply with quote

Well i guess since those twons put out the money then its good that they are standing up. but it sucks for the rest of us.
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Sun Sep 05, 2010 8:12 pm    Post subject: Reply with quote

I read somewhere that Bantam Lake is "owned" by the State of Connecticut. The problem is that all of the land surrounding it is not. You could still to launch a canoe or kayak from Sandy Beach, which is on the south end of the North Bay:

http://www.sandybeachatbantamlake.info/
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thevinman



Joined: 06 Sep 2010
Posts: 9

PostPosted: Mon Sep 06, 2010 9:07 pm    Post subject: Reply with quote

Not sure you guys are aware, but on August 11, 2009, Attorney General Blumenthal wrote to First Selectman Karen D. Paradis advising her that restricting the boat launch to only residents would be very difficult to defend against a constitutional challenge. He used Leydon v. Greenwich as an example. Upon receipt of the Attorney General's correspondence the Town of Morris removed the "residents only" signage that was posted at the boat launch.

I have it on credible authority that Bill Forman in fact has a copy of the Attorney General's letter to the Town of Morris.

I'm not sure how much of the first post was paraphrasing Bill Foreman's comments, or extrapolation...especially regarding the parking tickets and any assumption that the "new sign" will state any such threat to non-residents.

The town can put certainly put up a new "more official" sign, but they'd be in direct violation of the Attorney General's direction to not impede non-residents from using that launch in any way; tickets or intimidating signs included.

Slimecoat,
Could you be so kind as to elaborate or make clear exactly what the DEP stated in your conversation regarding the new sign and tickets, and whether that was your interpretation, or was the "ticketing non-residents" part stated directly by the DEP?

Thanks and good luck to us all. Let's hope we don't lose Bantam to a bunch of elitists who want to keep everyone off their "personal" lake.
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SkeeterJim



Joined: 08 May 2007
Posts: 2219
Location: Newington, CT

PostPosted: Tue Sep 07, 2010 7:02 am    Post subject: Reply with quote

Wow!! Shocked This is very interesting, thanks for posting Vinman. I'd like to see what becomes of this.

Jim
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slimecoat



Joined: 09 Nov 2007
Posts: 1576
Location: Newington, CT.

PostPosted: Tue Sep 07, 2010 8:07 am    Post subject: Reply with quote

Vinman,

The comment about parking ticket fees was my interpretation, but Bill forman did say that they were making a new more official sign in the hopes of making ticketing more enforceable. Maybe the enforcement of ticketing was his interpretation.
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Tue Sep 07, 2010 9:51 am    Post subject: Reply with quote

There are already some "No Parking" signs along the paved launch area that restrict where anyone (i.e., residents and non-residents alike) can park. I don't see any problems with that. However, if the towns were to try to restrict parking in the immediate vicinity of the launch area to only residents, that would be a problem. Could you imagine the towns on the one hand saying that non-residents could launch their boats at the ramp, but on the other hand not permitting non-residents to park anywhere close to it?
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thevinman



Joined: 06 Sep 2010
Posts: 9

PostPosted: Tue Sep 07, 2010 1:02 pm    Post subject: Reply with quote

slimecoat wrote:
Vinman,

The comment about parking ticket fees was my interpretation, but Bill forman did say that they were making a new more official sign in the hopes of making ticketing more enforceable. Maybe the enforcement of ticketing was his interpretation.


Thanks for the clarification slimecoat!

Granted, I’m not a lawyer or Constitutional scholar, but I'm not sure what "making ticketing more enforceable" means. (…if that is what he said.) From my very, very limited understanding of how the law works, there has to be an official town ordinance in place that makes ticketing legal, or there is not, which would mean ticketing would be blatantly illegal.

In other word’s, there is not much grey area here in terms of “more” enforceability...its either legally enforceable or illegal to ticket people, and a sign's verbiage, alone, has little bearing on this. (Now, if there was an ordinance in place and the sign was not clear or non-existent, then maybe one could fight a ticket, but from what I know, there is no such ordinance in place.)

If the town of Morris’ police department decides to start ticketing people, with no ordinance on the books, they would be doing so illegally. If they enact an ordinance to this same effect, they will be violating the US Constitution, the Supreme Court and going against the advisement of Connecticut’s Attorney General. If they put up a new sign that deters non-residents from not using the launch, they would also be in the wrong, for the same reasons.

If anyone knows different or is more versed in legal issues such as this, please jump in here.


Last edited by thevinman on Tue Sep 07, 2010 6:03 pm; edited 1 time in total
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