WESTPORT – After being denied a special permit and having its coastal site plan rejected for The Hamlet at Saugatuck mixed-use hotel and apartment complex, Roan Development Ventures used a tactic some developers throughout Fairfield County have used – appeal and refile under the state affordable housing statute.
The initial proposal included 57 housing units, 57 hotel rooms and building heights up to 62 feet at 601, 606, 609 Riverside Ave., 91 and 96 Franklin St., and 2 and 16 Railroad Place. The property is owned by Robert Sloat, Hanes Realty Corp, TGN Properties LLC, Railroad Place of Westport LLC. They were seeking a Special Permit/Coastal Site Plan approval for a mix of non-residential, hotel and residential uses as part of an integrated site development, for property located in the General Business District/Saugatuck Marina.
The Westport Planning and Zoning Commission on July 28 voted 4-0, with 3 abstentions to deny the permit and site plan. Among the reasons giving for the denial were that the project did not comply with the new zoning regulations that they had previously approved for the Saugatuck River waterfront area and its lack of a “traditional New England feel.”
On Aug. 6, FLB Law PLLC attorney Eric Bernheim filed an appeal on behalf of Roan of the July 28 denial by the PZC. The developer seeks an order by Bridgeport Superior Court finding the commission acted illegally, arbitrarily and in abuse of discretion, an order sustaining the land use appeal, and an order awarding costs to the company incurred in the appeal process.
Specifically, Roan claims erred in its decision-making process by including a parcel not owned by or under contract for purchase by Roan. The appeal also states the commission was wrong in stating the proposal failed to comply with a regulation that states “at least 25% of the frontage of any site adjacent to the water shall allow views of the water from the street,” and that the proposed development will result in the demolition of 16 Railroad Place when the commission said it would grant setback relief permitted in the regulations.
Prior to the July 28 vote, Town Attorney Ira Bloom told the PZC his advice on going ahead with the denial. He also included a caveat in a lesson learned from a recent Bethel Planning & Zoning Commission decision regarding an affordable housing development.
“I can only repeat what I have said before about the standards that you can apply,” Bloom said. “I’m back to that same Bethel case. Last time you identified several specific regulations that in your judgment that the applicant did not comply with them. You have the option at looking at the general permit conditions. But in that case you really do need to cite substantial evidence in the record. It can’t just be mere worries.”
At the end of the July 28 PZC meeting, Chair Paul Lebowitz told the commission he would leave open the possibility of an approval by Roan if it submitted another application that addressed the commission’s issues.
“There might be much better chance for more people (on the commission) to look favorably upon it” (the new application), Lebowitz said.
Affordable housing option
Two days after the appeal was filed, Roan Ventures announced Friday, Aug. 8, its intention to move forward with a development application under the state 8-30g affordable housing statute for its Saugatuck site.
“My client is very disappointed with the Commission’s denial of The Hamlet, especially after working with the Commission and Town on The Hamlet over a long period of time,” said Chris Smith, zoning attorney for Roan Ventures. “However, my client understands that Westport has been receptive to residential communities with housing opportunity components in the past.”
Prior to filing the application, Roan said it had collaborated with P&Z and made design updates in accordance with preferences by the local community. The Westport Representative Town Meeting (RTM) upheld the original rezoning decision for Saugatuck in favor of The Hamlet project via a 33-1 vote citing the possibility of a state-mandated affordable housing development if they did not approve the rezoning.
Westport had a moratorium on such 8-30g affordable housing applications that ended in March 2023.
Connecticut’s 8-30g statute was enacted with the goal of increasing the supply of affordable housing across the state, particularly in municipalities where less than 10% of the housing stock meets the state’s definition of affordable.
The 8-30g application filed by Roan, now referred to as “The Alliance for Saugatuck Housing Opportunity,” will pursue the updated development plans allowed under state law.
The affordable housing statute does not mandate public amenities, walkability and waterfront access as envisioned in The Hamlet proposal. Off-site improvements may be reconsidered to accommodate the target of delivering between 400 and 500 residential units to the community.
