Residents challenge Hiawatha Lane project in court
Sharmayne Wesler (Steve), and Michele Martire ( Joe); as well as several nieces, nephews, grandnephews and nieces; close cousin in Georgia, a big Canadian family and many friends.
A Mass of Christian Burial will be celebrated on Tuesday, May 10, 2022 at 10:00 a.m. in St. Lawrence Church, 505 Shelton Ave., Shelton. Interment will follow in Nichols Village Cemetery, Trumbull. Friends of Cathy and Mark may greet the family on Monday evening from 4:00 to 7:00 p.m. at the Abriola Parkview Funeral Home, 419 White Plains Rd., Trumbull.
The family wishes to thank the Yale New Haven Hospital Medical ICU Staff for their wonderful care and concern; most especially Cathy's exceptional Nurses - Missy and Kwame. In lieu of flowers, memorial contributions may be made to Friends of the Shelton Animal Shelter (FSAS), P.O. Box 2036, Shelton, CT 06484. For online condolences, please visit us at www.abriola.com.
WESTPORT — Nearly one year ago, the town settled a case with a developer who had been attempting to get a housing project built on Hiawatha Lane Extension for 18 years.
Previously the town worked alongside the neighborhood against this development for nearly two decades, but now a group of homeowners have taken matters into their own hands following the settlement. Three homeowners filed a civil action lawsuit seeking an injunction against the project, owned by Summit Saugatuck LLC.
The settlement between the town and developer eliminated one of the five proposed buildings on the property, taking the total number of units from 187 down to 157, and added some three bedroom units to the project. The town also got to keep its moratorium on applications for projects filed under 8-30g, a state statute which allows developers to skirt local zoning laws in the case that 30 percent or more of its housing stock is considered affordable housing.
The homeowners filed suit in September 2021 and are waiting for a decision from the Judge Marshall Berger of Hartford Superior Court on whether the case will go to trial or end with a summary decision — a decision from the court without a full trial.
The judge said he needed to go back to his chamber to think about it, according to Hiawatha Lane resident Carolanne Curry. That was nearly 90 days ago. The judge has 120 days to make a decision, according to attorney Joel Green, who is representing the homeowners.
“It's in the hands of a judge for a decision,” attorney Timothy
Hollister, who is representing the developer, said.
The homeowners' case centers on single-family deed-restrictions that were established when the homes were initially conveyed to occupants nearly 70 years ago.
“It is our position that all of the lots are encumbered with a restriction that limits the development to single family homes,” Green said. “We believe that the evidence that all of the deeds and history shows that all of the deeds included that restriction.”
Summit argues that the deed restrictions are not one “uniform common plan” that can keep them from developing a multi-family housing project. They cite that nine of the 16 conveyed lots were not subject to a one-family housing restriction following a 1956 Westport Probate Court decision, according to court documents.
Green said he is looking forward to the decision.
“We have been patient for many years, so I don't mind,” Curry said.
The town's settlement with the developer also included stipulations for fire safety and does not allow Summit to submit any future 8-30g applications on site.
Green said he did not think this case would set a “broader reaching” precedent for other 8-30g cases in state, since this case largely rests on a “particular subdivision” that is unique to this case.
Commissioners raised concerns about additional traffic the project would create at the meeting in May 2021. There have been townwide traffic issues in recent months leading to a slate of 10 traffic meetings, one in each of the town's districts.