Less than 2 weeks after its rejection, The Hamlet is back in the news.
ROAN Ventures — the developer of the proposed residential/ hotel/retail/event space Saugatuck project — appealed the decision.
In a filing late yesterday in Bridgeport Superior Court, ROAN alleges that Westport’s Planning & Zoning Commission acted “illegally, arbitrarily and in abuse of discretion,” in its 4-0 vote (with 3 abstentions) on July 28.
ROAN asks the court to direct the P&Z to grant approval, and pay the developer’s legal fees.
The appeal was expected by many town officials.
Aerial rendering of the Hamlet at Saugatuck project.
ROAN’s project began with a text amendment allowing development at the site bordered by Riverside Avenue, Railroad Place and Charles Street, and along the Saugatuck River.
It continued through many iterations, and hundreds of hours of meetings.
In its appeal, filed by attorney Eric Bernheim, ROAN says it complied with all applicable regulations, including “height, lot area, setbacks, building coverage, total coverage, building spacing, floor area, density, public waterfront access, architectural design, signage, parking and loading, traffic, public health and safety, and landscaping.”
Throughout the process, ROAN says, they worked with the P&Z’s consultants to address concerns, including building height, density and coverage.
The denial was “unreasonable, arbitrary and illegal,” the appeal says. The reasons for the decision were “inadequate, insufficient, and/or not supported by substantial evidence.”
Further, the P&Z decision “exceeded (its) jurisdiction and authority.”
The appeal alleges errors by the P&Z in incorrectly including a parcel not under contract in the total waterfront frontage, and referencing an “outdated and superseded rendering” of the waterfront buildings.
Furthermore, the court document says, the commission “ignored and disregarded all expert testimony and uncontested facts, from both Roan and the Commission’s own staff and … consultants,” in areas including traffic and the waterside garage entrance/exit.
The return date for the appeal is September 16.
Just like Gorham Island developers. Rabid, relentless & devoid of empathy for anything but profit.
Wow!!! Developers really are a nasty breed. That’s the way to make an honest living – force people to do what they don’t want to do.
Does public sentiment count?
Building up that area would be a disaster. The traffic congestion is a nightmare now.. imagine the horror with more cars, people
It seems that the town could fight this with focusing on 3 things that would make the argument: I 95 which runs right through this areas with on and off exits to Westport (traffic nightmare), the river (great environmental impact, traffic), and the Metro North train station (TRAFFIC!!)None of these things can be relocated PERIOD. Not to mention parking issues and quality of live issues to the residents who call Westport home. It’s a community where we live. Not an everyday tourist attraction. This project should have never had legs. Shame on those who encouraged this from the beginning.
I haven’t read the complaint but, like the coach’s lawsuit quoting Mr Harrington, I would imagine this one quotes the P&Z member that said that the P&Z’s attorney had advised that ROAN complied with everything. Rather damning for the town’s case if true I would think. Could be a short hearing.
All meetings recorded, very clear about the reasons for denial. I hope residents attend the court date. ROAN had more work to do, they should have withdrawn and kept working on real solutions like where their employees would park.
agree 100%. they are muscling their way into destroying the area instead of working on real solutions, being transparent, stopping the bullying, threats, and BS. hopefully the court case gets drawn out for years. why doesn’t the town just eminent domain the land after they buy it for the greater public good like other towns do? half kidding, but just half.
Ha ! So much for the 8-30g, I had heard they were submitting immediately. I knew there was no chance of it. Not elitist enough.
It is patently clear that they simply do not have enough parking.
On that alone they fail to comply, amongst about 40 more items. It would be illegal to ask staff of the retail and restaurants they build into their plan, to be expected or requested to take a train/bus/ride/etc to get to work.
And while certain members of the PZ were determined to try and get this to pass ( lord knows why!) by discussing lot 7 and lot 8. They are NOT for sale ! Not for loan, not for lease.
Commuters must not be remotely inconvenienced.
Since we have no crystal ball we can only go off history and for 15 years precovid that train station was at full capacity Monday to Friday 7am -7 pm.
It is fast returning to being full again. And in fact should any construction occur down there, it will be imperative that they are not allowed to block any access points during peak commuting, morning and evening.
They must also be put on notice they cannot use the daily or permit parking to empty their parking garage into during the night or otherwise, by using the garage purely as a drop off, bypass operation.
That would be sharp practice.
They know they don’t have enough parking.
There can be zero crying over spilt milk once it is built.
They should consider themselves warned.
If by chance the PZ incorrectly included a lot not being used, or referenced outdated drawings, those were only the tip of the iceberg, there were so many other issues even if those had not been amongst referenced reasons to fail it, there are another umpteen reasons.
Very urgent to make sure we elect a selectman who does not sympathize with elitist developers, and who listens to the public. Who does exactly what the majority want not what they or their cronies want( looking at you O’Day-Moore)
And even more important we have a PZ who listens to residents, after all it is we, who elect both !
They should not forget it.
The 4 commissioners who voted this a No, read the text amendment carefully and it does not comply.
The desperation to get this monster approved at any cost is comical.
If it does ever get off the ground in whatever form, it promises to be a horribly contentious 3 years of construction.
There must be strict ground rules in place so we do not have gridlock down there, and it must be commuters and residents first…. Developers a clear last !
One way to insure that, will be for all the school buses from both Westport and Weston, now parked illegally at greens farms station, to be moved to saugatuck until they find a new home.
They should NEVER have been permitted to take train station parking in the first place.
Greens farms railroad parking is packed to capacity September to June.
I have a feeling this will not be the only law suit on this Hamlet.
Vote very carefully in November.
While it would not help this battle, Isn’t it time to fight the 8-30g !
Roan should be paying the town’s legal bills.
Who is Roan anyway? Their website is void of any
information.
Your plan was lousy. Lets start and begin with the parking,
You had no plan, no models of the plan
that were requested.
Let’s end it at that.