Norwich — The lead opponent of the proposed Chelsea Gardens botanical garden project in Mohegan Park has filed suit in New London Superior Court seeking to stop the project and order Chelsea Gardens Foundation to restore an area of woodland cut for the first phase of the project.

Charles Evans of 49 Butternut Drive, which abuts the proposed botanical garden property, filed the suit against Chelsea Gardens Foundation Inc. asking the court for a “permanent injunction” to stop work on the 80 acres of Mohegan Park land the foundation has leased from the city and a court order to restore land where the foundation cleared trees.

A hearing on the suit is scheduled for 9:30 a.m. on July 20 in New London Superior Court before Judge Emmet Cosgrove.

Evans claimed in the suit that the foundation cut about 10 acres of land in an area that extended beyond the Phase 1 area defined in the project plan and that the cutting has caused erosion and sediment runoff that has harmed wetlands.

He said the group failed to obtain wetlands permits to disturb wetlands.

“The clear cut operation presents a reasonable likelihood of unreasonable harm to natural and wetlands resources by removing the natural functions of the trees in mitigating storm water runoff and providing habitat,” the lawsuit stated.

Hugh Schnip, acting president of the foundation, said he has not yet seen the lawsuit and could not comment on it.

Schnip said the tree-cutting of 6 acres was completed two weeks ago for the first phase of the project. Crews still need to clear some lumber and may need to do a minimal additional “selective” cutting.

Within the next two weeks, the foundation plans to advertise a request for proposals in a nationwide search for an architectural firm to design the first section of Phase 1, a native plants garden and pathways north of the main parking area.

The foundation has estimated that the full Phase 1 plan will cost about $20 million, including the first gardens, a permanent butterfly pavilion, classroom building and main entrance building.

Schnip told the City Council in spring that the early cutting was needed to show progress in applications for major grant applications.

c.bessette@theday.com

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