By Ken Valenti

WESTPORT–Just over a week after the planned mixed-used riverfront project known as the Hamlet was rejected by the Planning and Zoning Commission, the developers are responding with a two-pronged approach.

Roan Development Ventures has sued the town to overturn the denial of the application for the Hamlet – and cover the company’s court costs. At the same time, Roan today announced an alternate, larger plan to create 400-500 residential units on the same Saugatuck River site under the state’s affordable housing law, 8-30g.

Errant decision

The legal appeal, dated Wednesday, was filed in Superior Court in Bridgeport. It argues that the commission erred in its decision on several fronts and ignored expert testimony when it voted against the plan on July 28. 

“We’re obviously very disappointed with the outcome because we’ve spent four years crafting the Hamlet in partnership with the town,” said Roan co-founder and partner Rodrigo Real.

P&Z “did an excellent job”

Westport Town Attorney Ira Bloom said the commission will stand by its ruling.

“I believe the Planning and Zoning Commission did an excellent job and we are fully prepared to defend their decision,” he said. He expects the lawsuit to stretch into 2026 and perhaps beyond.

The Hamlet plan proposed 57 residential units and 57 hotel rooms with retail, dining and waterfront access. It would have included 11 buildings up to 62 feet high.

The alternate plan, called the Alliance for Saugatuck Housing Opportunity, is starkly different. It would be built in three buildings on the site, which lies along Franklin and Charles streets, Railroad Place and Riverside Avenue on the Saugatuck River.

New plan to supersede local laws

By developing the plan under the 8-30g statute, the developer would be able to use the state law’s power to supersede local law on zoning on matters including traffic, parking and amenities, the developer said.

 “The statute does not mandate public amenities, walkability and waterfront access as envisioned in The Hamlet proposal,” reads an announcement from the developer. “Off-site improvements may be reconsidered to accommodate the target of delivering between 400 and 500 residential units to the community.”

That also goes for traffic planning, which Real said, “is no longer a critical part of the application,” and for the building heights, which are expected to be finalized with the architects shortly.

“We will know a little more in the next two weeks,” Real said, adding, “There is no height restriction in the state statute.”

Opponents are critical

The Westport Alliance for Saugatuck, a residents’ group formed to battle the Hamlet proposal, criticized the new idea.

“This appears to be an attempt to pressure the town into negotiating with them on their Hamlet project,” the alliance said in an email. “Character has a brilliant way of revealing itself so the obvious question is: Is this who Westport wants to work with on what they call a $400-million project?”

Alliance leaders also objected to the developer’s use of a name for the new plan that is so similar to the name of their organization.

Substantial investment to date

Real said the developers proposed the idea to recoup funds spent on the project over the past several years.

“We are not generational owners of the land that can sit on the land forever,” he said. “We’re trying to recover the amount invested to date, which is quite substantial.”

P&Z vote: 4-0 (3)

The Hamlet was blocked July 28 when the Planning and Zoning Commission denied its application with a vote of four against and three members abstaining.

The commissioners ruled that the project does not match the New England village aesthetic as was required because the design details proposed made an ill fit for the size of the four- and five-story buildings. They also said parking and traffic impacts were not adequately addressed, and that the frontage on the river did not meet the 25 percent minimum for waterfront views from the street when measured “from the narrowest dimension” between two of the buildings.

What’s more, the commissioners wrote in a written decision, the changes made to the proposal left many questions unanswered and the developer refused to withdraw and resubmit the plan to allow more time to address them.

Commission “exceeded its authority”

Roan’s legal complaint argues that the commission’s denial exceeded its authority and provided inadequate reasons for the decision.

It asserts that the commission ignored or misinterpreted testimony from experts, including the commission’s consultants in several areas, such as parking and architectural standards. The developers disagree with the finding that the project did not provide adequate river views from the street.

“Roan’s team of expert professionals provided credible and substantive evidence to the Commission about the conformity of the proposed development to regulatory requirements,” the filing reads.

The new plan, if approved, would take about two years to build, Real said. He said Roan will submit the plan in about a month and will pursue approvals even as the lawsuit to reverse the denial of the Hamlet application makes its way through the court.