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by the P&Z in incorrectly including a parcel not under contract in the total waterfront frontage, and referencing an “outdated and superseded rendering” of the waterfront buildings.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.
