By Ken Valenti

WESTPORT–The application for the Hamlet development proposed for Westport’s riverfront, already fighting in court to overturn a rejection by the town’s Planning and Zoning Commission, has been dealt another potential obstacle.

Two Representative Town Meeting committees – Public Works and Environment – voted Monday night to recommend the reversal of approvals the development had gained before the P&Z rejection. Those approvals had come from the Flood and Erosion Control Board (FECB) and Conservation Commission.

Another meeting

The RTM will hold a special meeting Sept. 25 to vote on the matter. The RTM is responding to two petitions spearheaded by Dara Lamb, head of the Westport Alliance for Saugatuck. Lamb said she led the petition drive even though the P&Z rejected the project, in case the developer wins in court or returns to the town with a modified proposal, hoping to rely on the approvals already granted.

If the full RTM votes to reverse the approvals she said, “They would have to again start that process over and redo their submissions to Flood and Erosion Control Board and redo the submission to Conservation Commission.”

Hamlet developer ROAN Development Ventures did not respond to a request for comment.

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

Court case + alternate plan

Days after the P&Z rejected the plan on July 28, ROAN sued the town to overturn the decision and cover the company’s court costs. The case is in Superior Court in Bridgeport.

In a parallel move, the developer has also announced an alternate plan for a larger project of 400-500 residential units on the site under the state’s affordable housing law. That ordinance, known as 8-30g, supersedes some local zoning laws.

WPLO

Generally, the RTM would not become involved with decisions from the other boards. In this case the town’s Waterway Protection Lines Ordinance (WPLO), grants the panel the power to reverse the FECB and commission’s rulings, said Ellen Lautenberg (D7), chair of the RTM Environment Committee, who ran Monday’s meeting.

“This was a little unique in that we do have jurisdiction when it gets into the WPLO,” she said.

Problematic meeting

The committees overturned the approvals on the basis of a June hearing before the FECB that was inadvertently concluded before the public discussion was complete. The hearing was held at a meeting that began June 4, but lasted until 2:11 a.m. June 5, according to the minutes. The Hamlet’s application was introduced about 12:50 a.m., said Lamb.

Town Attorney Ira Bloom listened to the recording of the meeting twice and determined that the Board had not meant to shut down the hearing.

Votes: 8-0, 5-0-1, 5-0-1

The Public Works Committee approved the recommendation to reverse the FECB’s approval 8-0. The Environment Committee approved it with five yes votes and one abstention.

Only the Environment Committee voted on the motion to recommend reversing the Conservation Commission’s approval. That motion received the same vote of 5 in favor and one abstention.

Environmental concerns

Before that vote, Lamb gave a presentation on the environmental concerns raised by the projects. In the end, the Environment Committee voted only on a procedural issue – FECB approval of a proposal is a prerequisite for the Conservation Commission taking up the matter. So if the FECB’s decision is reversed, the commission’s should follow.

Much of the conversation centered on the June 4-5 meeting and accidental premature end of the hearing. Among the topics discussed was the difficulty of addressing a matter brought up when the session has stretched into the wee hours of the morning.

“Opening up something new at one in the morning is unacceptable,” said Matthew Mandell (D1), a member of both the Environment and Public Works committees.

Read more Westport Journal coverage of the Hamlet

• What were they thinking? RTM probes Hamlet process
• P&Z votes no to executive session on Hamlet
• P&Z delays decision on public vs. private Hamlet talks
• P&Z denies Hamlet; lawsuit anticipated

Ken Valenti

^{_{A career journalist and lifelong resident of the New York City region, Ken Valenti has enjoyed decades of reporting local, regional and national news in New York and Connecticut. Topics of special interest are development, the environment, Long Island Sound and transportation. When not reporting, he’s always on the lookout for the perfect coffee shop or used book sale.}}