Memorandum of decision United States District Court, District of Connecticut - Case No. 305-CV860 (MRK)

Plaintiffs prevailed in a challenge to a Connecticut DOT interchange project at Main Avenue and the Merritt Parkway in a memorandum of decision handed down by United States District Judge Mark Kravitz on Friday March 31st in the case Merritt Parkway Conservancy, et al. v. Norman Mineta, et al. The Federal Highway Administration and the Connecticut Department of Transportation were found to be in non-compliance of satisfying the requirements of Section 4(f)(2) of the Department of Transportation Act. Section 4(f) protects (historic) resources unless there is no feasible alternative or all possible planning is undertaken to minimize harm to the protected resources. The two historic resources most at risk were the Main Avenue Bridge, a classical revival stone arch bridge deemed to be a contributing element in the Merritt Parkway’s listing on the National Register of Historic Places in 1991 and the Glover Avenue Bridge, a stone arched bridge eligible for listing on the National Register of Historic Places.

“We are pleased with the prudent decision Judge Kravitz handed down on Friday. Judge Kravitz hoped for a court-ordered negotiated settlement between the parties under Magistrate Garfinkle, but the apparent intransigence of highway officials sunk that possibility. Connecticut DOT should take advantage of this decision by reviewing feasible alternatives to bridge widening at Main and Glover Avenues. Employing high capacity modern roundabout into the interchange design and including rail infrastructure improvements to the Danbury Branch line to allow for reverse commute service into the Merritt 7 station are two designs we suggested DOT incorporate into the final project. In New York State there is a mandate to evaluate the feasibility of modern roundabouts (http://www.dot.state.ny.us/roundabouts/round.html) for all new intersections; Connecticut DOT should follow New York State DOT’s lead,” said Richard Stowe of Rail Transportation Excellence Coalition.