The Westport Representative Town Meeting voted tonight to uphold the Westport Planning & Zoning Commission’s decision to create a new zoning district boundary, paving the way for the 157 unit Hiawatha Lane housing development. If the decision was overturned, the project would have been left to the Connecticut court system to rule on, with a settlement no longer in play. The meeting also approved the spending of $1.47 million to replace a portion of the Saugatuck Elementary School roof this summer, while all of the police and fire department officials who listened to the meeting until it’s adjournment at 11:40 PM were told they had to wait longer to hear their agenda item, as it was tabled for a later meeting date.

Overturning the Planning & Zoning Commission’s Decision

The agenda item was added after more than 20 Westport Town Electors petitioned the RTM to add the item to their meeting, with hope that RTM representatives would vote to overturn the commission’s May 13th decision - stopping the town’s acceptance of the project.

Although the town may not want the multi-story building in the residential neighborhood, the decision to allow Summit Saugatuck LLC to go forward with their plans to create the complex was backed by legal battles that surround the topic. Westport Town Attorney spoke to those battles, saying that although he usually doesn’t speak publicly, “I’ll be as candid as I can.”

Bloom described that if the decision was overturned and the case is ruled on by the courts, that Westport would may not have enough burden of proof to prove why the complex couldn’t be built. If Westport were to lose the case, it would open up a large space for not only the Hiawatha project, but also other projects throughout the town. Cases like Westport’s are being fought around the State, Bloom said, continuing to say that “70-75% of those cases are lost because the burdens are quite high.”

“We do not have a high probability of prevailing” Bloom continued. “It’s preferable for the town to control its own destiny.” Right now with a settlement, the town is able to work with developers to help shape the project as much as they can to better serve residents - such as demanding they add 3 bedroom housing options, as well as cosmetic features to beautify the area, and having them foot the bill to repair an old drainage culvert.

The settlement also leaves an 8-30g housing moratorium hanging in the balance, according to the Connecticut Department of Housing. The DoH told the Town of Westport that they are tentatively willing to continue a current moratorium on 8-30g housing if the Town and Summit Saugatuck LLC are able to settle the dispute, however if not, they are “not able to guarantee that they will uphold the moratorium.” The current moratorium is at risk of being rescinded by the DoH due to a loss of records at the State’s office, which would allow more 8-30g projects to enter the community instead of the several year postponement.

Planning and Zoning Commission Chair Danielle Dobin echoed Bloom’s sentiments, explaining why the Commision made the choice to accept the project to better protect Westport in the future. Dobin warned members that if they voted yes to overturn the commission’s decision, that they could potentially be allowing not only 157 units, but 187 units on Hiawatha Lane as the Town will no longer have any say. In addition to that, it could be leading the way for developers to apply for sewer extensions into parts of town not currently able to be heavily developed due to the current sewer or septic systems in place, such as Greens Farms or Coleytown communities. “The developer is holding all of the cards” she said. “Westport failed to build affordable housing that counts towards 8-30g since 1989”.

8-30g is a State chapter that allows housing developers to bypass town building codes if their housing development is at least 30% affordable housing, and the Town does not have at least 10% of its housing stock approved as affordable already.

Former Planning & Zoning commission chair Cathy Walsh responded to current Chair Dobin’s statement, saying “The neighbors know the risk of getting the extra units, they’re willing to go the whole nine yards to fight this.” Walsh served on the commission for 13 years, resigning from her spot in April.

A group of Hiawatha Lane neighbors spoke up and fought back during the meeting. The lead petitioner, Gloria Gouveia, asked if the judge had ever visited the site, and wondered why the Westport Fire Marshal’s fears were not being heard loud enough by the Planning and Zoning Commission - citing his worry over the complex only having one entry/exit point for vehicles and fire apparatus in case of emergencies. Gerald Romano gave the example of someone needing an ambulance or a fire engine response to the area, “what if they can’t get through the traffic?” Carolanne Curry, a longtime Westporter, told the RTM that Westport did not fail - because they’ve been fighting this battle over Hiawatha for 18 years. “We are the have-nots. We realize it.” she said. “This neighborhood is the history of Westport.”

RTM members shared their thoughts, ranging from sentiments of thanks to P&Z commission members to a shared statement between RTM representatives Kristin Purcell (District 1) and Chris Tait (District 1): “this sucks.” Tait continued to say “we failed the residents of Saugatuck.”

Summit Saugatuck LLC’s attorney Timothy Hollister told the RTM meeting that they were going against their own Town charter by interfering with court proceedings by way of holding the vote, also adding in that grievances such as traffic congestion are not factored into the decision to allow the project or not. Town Attorney Ira Bloom rebutted Hollister’s feeling that the meeting interfered with the court hearing and went against Town charter, saying “I do not agree with his analysis at all.” He later confirmed Hollister’s statement that items such as traffic congestion cannot be figured in, while matters of safety can be factored into a decision.

In the end, the final vote carried in the negative: keep the Planning and Zoning Commission’s decision as it is.

Final RTM Vote:

“To take such action as the meeting may determine, at the request of at least 20 electors of the Town of Westport, pursuant to Town Charter C5-1F and C10-4, to review and reject the Planning and Zoning Commission decision issued on May 13, 2021, in adopting a new zoning district boundary: SV District as seen on “Proposed Zoning Map - SH Z2, entitled: The Village at Saugatuck, Hiawatha Lane, Town of Westport, CT for Summit Saugatuck LLC,” dated May 10, 2021.”

• Yea Votes - overturn the P&Z Commission amendment:

  • 2 (Lou Mall, Carla Rea)

• Nay Votes - oppose the overturning of the P&Z Commission amendment:

  • 30 Members

• Abstentions:

  • 1 (Arline Gertzoff)

• Recused:

  • 1 (Matt Mandell )