Saying an important legal issue is at stake, First Selectman Jim Marpe announced today that the town had filed a petition with the Appellate Court requesting a review of the Superior Court order that Westport issue a conditional sewer permit to Summit Saugatuck, LLC.
The Board of Selectmen, acting as the Water Pollution Control Authority (WPCA), had previously denied the applicant to issue a conditional sewer permit to Summit Saugatuck, LLC. A Superior Court judge rules in the applicant’s favor on May 7.
Felix Charney, Summit owner, plans a development of 187 studio, one- and two-bedroom apartments on Hiawatha Lane in Saugatuck.
Summit’s plan for the eight acres it owns on Hiawatha Lane near the train station calls for 30 percent of the units being set aside for moderate income households having maximum rent and household income restrictions for 40 years.
Charney’s planned development is predicated on the state’s affordable housing statute 8-30g.
On May 7, 2018, the Superior Court ruled that the WPCA must approve Summit’s sewer permit, subject to completion of the work currently underway replacing the force main pipe under the Saugatuck River and the pump station. The WPCA had previously denied Summit’s request, requiring Summit to return upon completion of the work.
“We feel there is an important legal issue at stake here,” Marpe said. “The WPCA has never issued a ‘conditional permit,’ and we told Summit quite simply to reapply when the sewer repairs are done.
“Our town attorneys have advised us that this is a reasonable legal position, and we hope the Appellate Court decides to take this case,” he added.
Land use appeals, including WPCA decisions, are not automatically accepted by the Appellate Court, Marpe said.
Rather, a petition for certification requesting the Appellate Court to hear the case must be filed and accepted.
Marpe said he expects the Appellate Court will rule on this request within the next several months.