As a Representative Town Meeting member for District 1, Matthew Mandell has his ear to the Saugatuck ground.
This weekend, he included some stunning news in his regular email to constituents and friends.
He reported that Cathy Walsh has filed an 8-30g application to turn a pair of 2-story homes into a 5-story, 42-unit apartment building. (8-30g projects include up to 30% of housing that is deemed “affordable,” by a state formula. Towns cannot deny an 8-30g proposal unless there is a specific significant health or safety concern.)
This is Very Big News for 3 reasons:
Cathy Walsh is a former Planning & Zoning Commission chair. She is now a land use consultant.
The property is owned, Mandell says, by Patrizia Zucaro’s family. Last month, she was re-elected as a Republican member of the Planning & Zoning Commission.
The addresses of the 2 homes are #5 and #7 Hiawatha Lane. That’s a small street filled with some of the most affordable homes in Westport — just a few yards from Hiawatha Lane Extension, where the mammoth 157-unit Summit Saugatuck development has finally been okayed, following nearly 2 decades of litigation.
5 and 7 Hiawatha Lane.
Mandell says:
Yes, Hiawatha is in the gun sight again, even before the full impact of the Summit development has even broken ground. This project will destroy the “middle housing” that the state says is so important to communities in favor of this out of place monstrosity.
And if you can count like I can, this is actually 7-stories with the garage and pitched roof, huge. This is way bigger than what is going up at the intersection of Wilton Road and Kings Highway North.
Quite the turn. Cathy Walsh, while on the P&Z, was one of the more vocal commissioners against 8-30g and overdevelopment. As chair she went so far as to shut down 8-30g applicant Tim Hollister’s (Summit) speech, leading to one of the many lawsuits which ultimately gave us the first Hiawatha debacle.
She was part of the majority that upended the senior housing project slated for Baron’s South which would have brought over 80 units of senior housing, 40% of which would have been affordable. (Note – on appeal to the RTM, a vast majority voted to overturn that decision, but did not achieve the high bar of 2/3s of the body).
Now, I don’t know Ms. Zucaro’s part in this and will not presume, but it is her address, owned by her family and the project is called “Zucaro Apartments.” Clearly she can’t sit on this application.
A rendering of “Zucaro Apartments,” from the Planning & Zoning application.
8-30g has never been about creating affordable housing. It is a blunt instrument under the guise of such to allow developers to bust zones and profiteer from the law. One just has to shake one’s head as to how this is shaping up.
To my constituents in that area: You know you have my support. We have been through this before. I guess we’ll have to do it again.
“06880” emailed Walsh for her reaction to Mandell’s mailing. She said, “Thanks for reaching out. At this point I must say no comment.”
“06880” also emailed Zucaro yesterday. As of 10 p.m last night, she had not responded to a request for comment.
(Hat tip: Dick Lowenstein)
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Longtime Westporter and Saugatuck activist Carolanne Curry writes:
Life has not been easy for neighbors on Hiawatha Lane Extension. For 20 years we’ve fought a developer, to keep away his 187 “market rate” apartments.
And for the past year the Connecticut Department of Transportation has sent massive dump trucks, long tractor trailers and huge backhoes here, creating dangerous and damaging potholes.
Hiawatha Lane pothole. (Photo/Carolanne Curry)
After enduring this punishment for several months, today I found the potholes filled.
I don’t know who did it, or how.
But to the unsung hero out there: Our whole road says “thank you.”
(Do you know an Unsung Hero? Email 06880blog@gmail.com)
(Every Wednesday, “06880” salutes an Unsung Hero. To support this feature — and many others — please click here. Thank you!)
Though Superior Court Judge Marshall Berger dismissed a suit by Hiawatha Lane residents against Summit Saugatuck — developer of the 157-unit apartment complex by I-95 Exit 17 — the neighbors vow to fight on.
Carolanne Curry writes: “A close analysis by (our) attorney of the findings in Judge Berger’s decision, would show the Judge’s decision to be weak enough, flawed enough, and sufficient enough to warrant an immediate and vigorous appeal. During a conversation on Friday our attorney relayed that the merits of an appeal were convincing and justifiable. (Read the decision dated May 31, 2022 here.)
“We have come too far to simply relinquish our sincere efforts and the many successes we have achieved, especially while there are viable pathways to further success that are still within our reach. Our chances of success today are like all the chances we’ve continuously embraced for nearly 20 years. We’ve gone ahead each time and achieved many wins. We still remain an affordable working class neighborhood. We still remain a community with history… and hope. We still remain committed to stopping something so very wrong.”
An appeal would take 12 to 18 months, Curry says. That would put a hold on construction.
The biggest challenge, she says, is funding. Her email included a goal of $50,000 to cover the current balance owed, and legal fees going forward. Click here for details, and more information.
One of the Hiawatha Lane homes on the demolition list.
With 23 sponsors, it was already clear that a “sense of the meeting” resolution supporting a woman’s right to abortion would pass the 36-member Representative Town Meeting.
But — after impassioned debate — the non-partisan legislative body enacted the member without dissent from the 29 members still on the Zoom call.
The RTM has weighed in on national issues before. In 1969, they voted 17-15 to oppose the Vietnam War. After the Sandy Hook massacre, they resoundingly called for an end to gun violence.
District 4 representative Andrew Colabella told “06880” after last night’s vote:
“Tonight the RTM, men and women, stood together and in unison, eloquently and passionately to adopt a resolution asserting that Westport supports the constitutional rights and principles established in Roe v. Wade, and opposes the elimination of those rights by any subsequent Supreme Court decision.
“Putting aside individual beliefs and political affiliations, this nonpartisan body, like always, setting precedent by discussing and taking action voiced, loud and clear with great enthusiasm while holding back tears.
“The future is terrifying. We are fortunate and lucky to live in such an educated and strongly passionate diverse and inclusive town that, like our state, goes above and beyond to protect women’s rights.
“Furthermore, the best health care is provided free of political interference in the patient-physician relationship. Personal decision-making by women and their doctors should not be replaced by political ideology. This was affirmed in our unanimous vote.
“And like the people that we are in this town, ready to give a helping hand, will take pride in helping those beyond our borders whatever decision is rendered.”
When newly minted teacher Haleigh Donovan put out a plea for books for her underserved 4th grade classroom, “06880” readers came through.
Dozens of Westporters donated hundreds of books. Others sent gift cards, for the 2014 Staples High School and College of Charleston master’s graduate to purchase too.
Soon, she and her parents — Staples grads Dan and Nicole Donovan — will pack up a car, and head south. Haleigh will spend the summer setting up her classroom.
With each book, she’ll be reminded of the generosity of hometown friends and strangers.
Haleigh Donovan, with a small portion of Westporters’ large donations.
Former 2nd Selectman and Board of Finance chair Avi Kaner — named last year one of the “Top 100 People Positively Influencing Jewish Life” — just returned from a B’nai B’rith trip — to the Vatican.
He and his wife Liz were part of a private audience with Pope Francis.
The pontiff said: “The promotion and deepening of Jewish-Christian dialogue has been something close to my heart since I was a young boy, because at school I had Jewish classmates; it is a dialogue made up of encounter and concrete gestures of fraternity.
“It is good that we should help one another, because in each one of us, in every religious tradition and in every human society, there is always a risk that we can hold grudges and foster disputes against others, and at times do so in the name of absolute and even sacred principles.”
The delegation responded: “Your Holiness, we hope that all people will stand together against antisemitism, against anti-Christian discrimination and against intolerance directed at Muslims. In recognition of our common home and common destiny, let us protect the environment, care for the most vulnerable and promote mutual understanding rather than mutual recrimination. Thank you, Your Holiness, and may God bless all people everywhere with shalom, with peace.”
Pope Francis shook Kaner’s hand, looked him in the eye and said, “Pray for Peace.”
It’s been a while since we checked in with the Fresh Market ospreys.
Carolyn Doan reports: “There is at least one chick in the nest. There are probably more, but this was the most visible, sitting right up front with mom. Dad brought in a fish. All is well.”
It could take years — if ever — for the improvement project at the Main Street/ Weston Road/Easton Road intersection near Merritt Parkway Exit 42 (first reported yesterday on “06880”) to be completed.
Let’s hope there’s some routine maintenance done of the traffic island there before then.
If it looks like this today, just imagine a few years from now.
And finally … Jim Seals — half of the ’70s soft-rock duo Seals & Crofts — died Monday in Nashville. He was 79.
I knew (but never really cared for) the group’s hits like “Summer Breeze” and “Diamond Girl.”
But I did not know — until I read his obituary — that Jim Seals and Dash Crofts were part of the Champs, who had a 1958 hit with “Tequila,” another song that did nothing for me. (They joined after it was a hit.)
Nor did I know that Seals’ brother Dan was a member of England Dan & John Ford Coley (“I’d Really Love to See You Tonight”). You guessed it …
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The long legal battle to stop construction of 157 apartments on Hiawatha Lane may be over.
Hartford Superior Court Judge Marshall Berger issued a summary judgment ruling on Tuesday, in favor of developer Summit Saugatuck. The ruling may effectively end efforts by the plaintiffs — residents of the neighborhood off Saugatuck Avenue, near I-95 Exit 17 — to halt the project.
At issue were deed restrictions, limiting some properties in the area to single-family development.
At issue were deed restrictions of some properties in the area, limiting each lot to single-family development. At least 2 of those parcels are included in the Summit plans.
Owners of the other properties included in the deed restriction filed suit against Summit for breaching the restriction. They asked the court to prevent Summit from proceeding with the development, after its approved by Westport’s Planning & Zoning Commission.
Berger ruled that the easement did not reach the necessary legal requirements for it to be enforceable against the Summit properties. (Hat tip: Gloria Gouveia)
Artist’s rendering of one of the buildings at Summit Saugatuck’s Hiawatha Lane development.
Congratulations to Sasha Maskoff. The talented senior — a pianist who has played at Carnegie Hall (and last December’s spectacular Candlelight Concert), and tutors young students — is the 2022 Staples Key winner.
The award — donated by Westport’s Kiwanis Club — is considered the most prestigious at the high school. The other finalists were Jasper Cahn and William Heisler.
The honor was announced by principal Stafford Thomas, at last night’s annual awards ceremony. Arts, English, Math, Science, Social Studies, World Language and other awards were presented too.
Thomas also presented 15 Principal’s Awards, for outstanding service and contributions, to Slade Anastasia, Nick Augeri, Caroline Coffey, Catherine Cunningham, Amy Ginzburg, Emorej Hunter, Matthew Jordan, Elle Laub, Madeline Michalowski, ishan Prasad, Noah Robison, Ally Schwartz, Max Udell and Ella Williams.
Two members of each class received Staples Awards for Character: seniors Chloe Nevas and Nick Prior, juniors Jacob Baker and Miriam Hurley, sophomores Gianna Amatuzzi and Caroline Hechter, and freshmen Dylan Phillips and Mieszko Solowinski.
Staples High School principal Stafford Thomas, at last night’s awards ceremony. (Photo/David Pogue)
Stop twiddling your thumbs. Get tickets for Twiddle!
The Vermont-based band — which enjoys a strong Fairfield County following — will perform at the Levitt Pavilion on July 29-30).
Doors open at 3 p.m. for the Friday event. Twiddle will do 2 sets; they’ll be joined by Mihali and The Nth Power.
Saturday begins with a special 1 p.m. VIP acoustic set. Doors open to the public at 3 p.m. Twiddle will do 2 more sets. Dwight & Nicole and Eggy are on the bill too.
Member tickets are available now. Public tickets – with early-bird pricing — begins at noon today. Click here for details.
A few tickets are still available for Tower of Power’s “Stars on Tour” Levitt appearance this Saturday (June 4, 7:30 p.m.).
Click here for more information, including purchases for all ticketed shows.
Monday, June 20 (8 p.m.) is the new date for the Westport Library’s “Booked for the Evening” with Shonda Rhimes. It was postponed from earlier this week.
All seats have been sold for the in-person event. However, tickets are available to watch via Zoom. Click here for details.
Agendas for the Historic District Commission are straightforward affairs.
The one for its next meeting — Tuesday, November 9, 7:30 p.m., Zoom (click here for the link) starts out like most others.
After approving minutes, the group will “take such action as the meeting may determine to oppose the issuance of the demolition permit” for 171 Compo Road South, 3 Sunrise Road and 5 Minute Man Hill, and “require the full 180-day delay.” The agenda item is mandatory, for houses more than 50 years old.
The next 8 similar items, though, may be contentious. Th language is the same. But the properties are 38, 39, 41, 42, 43, 44, 45 and 47 Hiawatha Lane.
One of the Hiawatha Lane homes on the demolition list.
Those homes would be torn down to make way for Summit Saugatuck’s 157-unit development, off Saugatuck Avenue by I-95 Exit 17.
Area residents have filed a lawsuit in Bridgeport Superior Court to stop construction.
A group of neighbors on the road, off Saugatuck Avenue near I-95 Exit 17, has filed suit in Bridgeport Superior Court.
The plaintiffs ask the court for a “temporary and permanent injunction enjoining the Defendant from constructing greater than a one-family house on any of the lots owned by the Defendant in the Subdivision in violation of the One-Family House Restriction.”
The neighbors claim that a covenant on the property restricts all development on land owned by the defendant — Summit Saugatuck — to one-family houses only.
The plaintiffs also cite health and safety concerns related to increased traffic, along with runoff and flood issues.
The redevelopment plan for Hiawatha Lane. Click to enlarge.
A 157-unit development on Hiawatha Lane is now one step closer to reality.
Earlier today, Judge Marshall Berger of Hartford Superior Court approved an agreement between the town of Westport and Summit Saugatuck, developer of the project off Saugatuck Avenue by I-95 Exit 17.
Testimony in the virtual public hearing was offered by Carolanne Curry for Save Old Saugatuck and Gloria Gouveia, a Westport resident and friend of SOS.
Both urged Judge Berger to visit the site before ruling on the stipulated agreement — the subject of a recent appeal to the Representative Town Meeting by opponents of the project.
Berger replied that neither the attorneys for the town of Westport nor counsel for Summit had requested that he do so.
Artist’s rendering of one of the buildings at the Hiawatha Lane development.
Curry also raised the issue of continuing and worsening flood events. During recent storms, access to Hiawatha Lane Extension was cut off at its intersection with Hiawatha Lane.
Berger dismissed concerns about flooding, saying they were the purview of the town’s land use agencies governing the development.
The next step: Summit will submit revised plans for the project. It has been reduced from 187 units, to 157.
Further litigation may loom, however, over deed restrictions on the property.
The festivities began even before the game. Tina Cervasio, Channel 5 sportscaster, tweeted this photo of a delighted Gwen, ready to play ball. (Hat tip: Fred Cantor)
After a 5-hour delay Sunday night — caused by 111-degree heat in Eugene, Oregon — Henry Wynne battled for a spot on the US Olympic track and field team.
The Staples High School Class of 2013 graduate had to finish 3rd in the 1500-meter finals.
Running outside for much of the race, he surged to a 3:37.70 finish. But that was good only for 5th.
Since 2016, Wynne — one of the greatest runners in Connecticut history — has s suffered a knee injury, pneumonia, and surgery on his small intestine. He’s persevered through it all — and COVID — yet came up just short Sunday night.
Henry Wynne, in an indoor race for Staples High. (Photo courtesy of MSG Varsity)
Tomorrow (Wednesday, June 30, 7 p.m., Westport Library), Silver Hill Hospital’s president and medical director Dr. Andrew Gerber and other experts will present a workshop to help parents learn how to talk with and support children as they try to understand tragedies.
The program is a joint effort of Westport’s Department of Human Services, the Westport Public Schools, Westport Together, and the Westport Prevention Coalition, in partnership with the Library. Click here to register to attend in person. Click here for the livestream link.
Connecticut’s Superior Court holds remote hearings o 2 proposed settlements, between Westport’s Planning & Zoning Commission and developers. These could be the final steps on the road toward construction.
The 157-unit Hiawatha Lane settlement will be discussed on July 19 (10:30 a.m.). The 68-unit Lincoln Street settlement is set for the same day, at 2:30 p.m.
Anyone interested in listening to or participating in the hearing should email abby.bowker@jud.ct.gov, or call 860-548-2851 for instructions.
The RTM decision was 30 to 2, with 1 absention and 1 recusal. Twenty-four votes — 2/3 of the entire RTM — would have been needed to overturn last month’s P&Z decision to settle 3 lawsuits brought by the developer, Summit Saugatuck. The special RTM meeting was held following a petition by over 60 electors.
This is Peter Gold’s report on last night’s special meeting, held via Zoom. He is an RTM member writing for himself, and not in an official capacity.
The RTM’s second meeting of the month considered overturning the Planning and Zoning Commission’s decision to permit Summit Saugatuck to build a 157- unit housing development, including 47 affordable units, at Hiawatha Lane. The Planning and Zoning Commission approved the development as part of a settlement of 3 lawsuits brought by Summit.
The suits seek to overturn the P & Z’s earlier denial of the project, revoke the town’s moratorium from the requirements under Connecticut statute 8-30g (which permits developers to disregard most town zoning regulations so long as their developments contain at least 30% affordable housing), and eliminate the town’s ability to approve sewer connections for developments.
The town has already been to trial on all 3 lawsuits. Absent approval of the proposed settlement, decisions in all 3 cases are expected shortly.
Artist’s rendering of one of the buildings at the Hiawatha Lane development.
Town attorney Ira Bloom explained there were 2 main questions for the RTM to consider. First: Should the town continue to control development by retaining its moratorium and the right to approve sewer connections? Equally important, he said, is how to “best balance the interests of the Hiawatha Lane neighborhood against the interests of the town as a whole.”
He stated that fire safety is the key issue in the case seeking to overturn the P & Z’s denial of the project. Summit’s proposed development meets all the requirements of the fire code. However, the P&Z initially rejected the proposed development on the advice of fire marshal Nate Gibbons, who felt additional safeguards — particularly a second access road to the site — were needed.
Fire safety concerns have been a major issue with the proposed Summit Saugatuck development.
Bloom said that recent cases where towns have sought safeguards over and above fire code requirements, including another Westport case involving a proposed development on Cross Street, have been decided in favor of developers. Courts have held that meeting the fire code requirements is enough to let the development proceed. Bloom said that the town does not have a high probability of winning this case.
Summit also challenged the 4-year 8-30g moratorium the Department of Housing granted the town 2 years ago. In March, the DOH notified the town that it intends to revoke the moratorium because it can no longer justify the moratorium points given for the Hidden Brook housing development. Without those points the town would not have enough points for a moratorium.
Based on settlement negotiations, the DOH told the town it is now “tentatively on board to keep the moratorium.” If the settlement is not approved, Mr. Bloom said the town will probably lose the moratorium, exposing the entire town to 8-30g affordable housing applications at many other sites.
The last suit challenged the current requirement that town approval is required for all connections to its sewer system. Westport denied a sewer permit. Summit sued and won; the town appealed and prevailed; Summit then appealed to the state Supreme Court. As with the other 2 cases, a decision is on hold pending the RTM’s decision on the proposed settlement.
Danielle Dobin and Paul Lebowitz, the Planning and Zoning Commission members most involved in the settlement negotiations with Summit, explained the consequences of losing the lawsuits if the settlement is not approved and the benefits of the proposed settlement.
Though all P & Z commissioners sympathized with the plight of the Hiawatha Lane area residents affected by the proposed development, Dobin and Lebowitz said the P & Z felt the consequences to both the neighborhood and the town as a whole of continuing to oppose the development in court justified the settlement.
Summit Saugatuck’s site plan. I-95 is at the top; Saugatuck Avenue is at the right.
Under the settlement, all lawsuits would be dropped and could not be reinstated. This would preserve the town’s moratorium and ability to approve sewer connections, both crucial for controlling and guiding development in town.
Summit would build 157 units instead of 187 units, including 47 affordable units; eliminate one building from the project; include several 3-bedroom units for families, and provide additional fire safety features. It would also repair roads in the area, fix a culvert to eliminate flooding, and preserve open space.
A major concern of Hiawatha Lane area residents is the increase in traffic generated by the proposed development. Dobin explained that courts do not consider traffic congestion when deciding 8-30g cases. First Selectman Marpe promised that the Board of Selectman, in its role as Traffic Authority, would work with the residents and the state Department of Transportation to take steps to mitigate the traffic.
It was noted that the Office of State Traffic Administration would also need to approve the development, as it would be considered a major traffic generator. However, OSTA approval would not be sought until after the settlement is approved or the lawsuits are resolved. If OSTA requests changes as a condition of its approval it is likely Summit would make such changes.
Several Hiawatha Lane area residents spoke against the settlement. They felt the P & Z did not negotiate hard enough; traffic and pedestrian safety issues were ignored; the existing affordable housing in the area should be preserved, and that residents displaced from their homes by the proposed development should be given priority for the new affordable units.
Dobin and Leibowitz explained why they thought the settlement was the best deal that could be obtained, pointed out that traffic and pedestrian issues are not considered under 8-30g, and that federal fair housing laws do not allow for preferential placement.
RTM members expressed sympathy with the Hiawatha Lane area residents, but felt their plight was outweighed by the town’s need to preserve the 8-30g moratorium and keep control over sewer access. Members also expressed a desire for the town to “do something” to assist the residents who would be displaced by the proposed development.
Many expressed their feeling that the town failed to adequately plan to meet the requirements of 8-30g over the past years as other towns — notably Darien and New Canaan, which have received several consecutive moratoriums — have done, leaving Westport in its current situation.
It was also pointed out that the settlement would have to be approved by the court, giving concerned residents one last chance to make their concerns heard.
Voting against the proposed settlement were Lou Mall and Carla Rea. Arline Gertzoff abstained, while Matthew Mandell recused himself.
This week, the Representative Town Meeting’s Planning & Zoning Subcommittee voted 5-1 to uphold the P&Z’s agreement with Summit Saugatuck, to build 157 units of housing — some of it deemed “affordable” — on Hiawatha Lane, near I-95 Exit 17.
The debate now moves to the full RTM. That meeting is set for June 8 (7:30 p.m., Zoom).
It will be livestreamed on http://www.westportct.gov, and shown on Optimum channel 79 and Frontier channel 6020.
Members of the public may attend the meeting by video. Send an email before or during the session to RTMcomments@westportct.gov, with your name and address. Meeting details will be emailed to you. Registered electors attending by video can comment (3-minute time limit).
Emails to all members may also be sent before the meeting: RTMmailinglist@westportct.gov.
Artist’s rendering of one of the buildings at the Hiawatha Lane development.
Around here, Jana Ireijo is known for her role in the vanishing murals project downtown. (She drew a koala.)
Now she’s earning renown clear across the country.
The Nature Conservancy Hawaii commissioned her to create a vanishing mural of a coral reef on Maui. Parts are done in chalk, and are already washing away.
The project was timed to coincide with Earth Day and World Ocean Day (June 8). Click here to learn more.’=
Charlie Capalbo’s battles with cancer have inspired people around the world.
The 23-year-old Fairfield native — and grandson of Westport writer Ina Chadwick — beat lymphoma and leukemia. Now he’s facing off against leukemia again.
It’s a costly fight. And the need is great. Charlie’s dad lost his job at the beginning of COVID, and is just getting his new real estate career off the ground. His mom, Jen, has been working per diem. That’s now on hold.
Fortunately, Boston Bruins goalie Tuukka Rask and radio personality Greg Hill have pledged to match every $1 donated — up to $20,000 each. That could mean a total of $60,000 to support Charlie and his family.
This week’s #FridayFlowers bouquet decorates an appropriate site: the Doughboy statue on Veterans Green, opposite Town Hall.
Hundreds of Westporters will gather there Monday, for the post-Memorial Day parade ceremony. The moving tribute will be extra special, thanks to the Westport Garden Club.
Carolyn Doan reports: “All is well at the Fresh Market nest. The female is up and around more. She faces inward, meaning she’s tending to something in the middle.
“I think I heard faint peeps while standing below, so presumably there are chicks! If so they are very small. We’ll have to wait to see their little heads.
“Yesterday the male brought home a fish. He patiently waited on his favorite branch for the family to wake up. Once there was enough activity, he swooped in with breakfast.”
And finally … John Davis died this week, of complications from COVID. He was 66.
You may not recognize his name. But he was one of the real singers for the fake duo Milli Vanilli. They won a Grammy for their debut album in 1990, but lost it when news broke that the singers had not actually sung. Click here for a full obituary.
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RTM members expressed sympathy with the Hiawatha Lane area residents, but felt their plight was outweighed by the town’s need to preserve the 8-30g moratorium and keep control over sewer access. Members also expressed a desire for the town to “do something” to assist the residents who would be displaced by the proposed development.
