Monday, October 30, 2006
A resident living near Camp Mahackeno has filed a law suit to overturn the Flood and Erosion Control Board’s approval of the Westport-Weston Family Y’s plan to construct a new facility at the camp.
Attorney Edward Lerner filed an appeal in Stamford Superior Court on Friday on behalf of his client Arthur Cohen, who lives on Old Hill Road. It was served to various Westport officials on Saturday.
The suit cites the Flood and Erosion Control Board, the state Department of Environmental Protection and the Westport-Weston Family Y.
The suit states that the board acted “illegally arbitrarily and in abuse of the discretion vested in it and in violation of its own regulations and state law” for 10 reasons.
Included was “the bias and improper conduct of the chairman of the board.”
During a hearing, Lerner cited an example of Chairman William Kokot chatting with Y officials, which was caught on tape.
Additionally, the court papers cite the board did not consider danger of contamination from waste water, flood water and runoff.
Also, the court papers state the board did not consider “feasible and prudent alternatives” and the impact of the project on Poplar Plains Brook and Lee’s Pond.
The Conservation Commission is currently reviewing the plan for the new Y facility. It’s next hearing is set for Nov. 8 at 7 p.m.
Cohen was among the neighbors who appealed decisions made by various boards and commissions to develop the former F.D. Rich property between Partrick Road and Newtown Turnpike.
Posted 10/30/06 at 09:42 PM Permalink