save old saugatuck We're a Community, Not a Commodity.

We're dedicated to preserving the safety and stability of the Historic Saugatuck Neighborhood of Westport, CT.

(203) 227-3573

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Help Save the Historic Saugatuck Community of Westport, CT.

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sos Lawsuit Appeal - IN THE NEWS: july 9 &13, 2022

A Register Citizen article (Click HERE), and a Westport Journal article (Click HERE.)

both focusing on our efforts to appeal the Judge's May 31, 2022 decision.

Remember… we’re a community not a commodity.

judge's decision - may 31, 2022

Hello Friends,

Again, and again, and yet again… as it has been for the past 19 years, Save Old Saugatuck feels the jaws of defeat. This time the “defeat” is the June 1st decision from Judge Marshall Berger that is in favor of Felix Charney, allowing him to proceed in building his folly of 157 apartment units on Hiawatha Lane Extension… wetlands and all.

Yes, as the news would report that day, this would appear to be a defeat for the community of Old Saugatuck .

Yet... we are here now once again ready to snatch our own “victory from the jaws of defeat”.

A close analysis by the SOS attorney of the findings in Judge Berger’s decision, would show the Judge's decision to be weak enough, flawed enough, and sufficient enough to warrant an immediate and vigorous appeal. During a conversation on Friday our attorney relayed that the merits of an appeal were convincing and justifiable. (Read the decision dated May 31, 2022 HERE .)

We have come too far to simply relinquish our sincere efforts and the many successes we have achieved, especially while there are viable pathways to further success that are still within our reach. Our chances of success today are like all the chances we’ve continuously embraced for nearly twenty years. We’ve gone ahead each time and achieved many wins. We still remain an affordable working class neighborhood. We still remain a community with history… and hope. We still remain committed to stopping something so very wrong.

The good news is that once an appeal is filed the appeal process give us from 12 to 18 months to present our case, hear a response, and then proceed with any and all steps in between. And in the meantime, this puts a hold on any further building efforts... giving us ALL some time; time to to consider further options and a little time to breathe.

Our biggest challenge now is continuing to fund the legal efforts of our attorney for this next round of the processes. I wish I could say that money was no object, but the reality is that it is indeed, a very important object that is necessary to continue our efforts - efforts that have for two decades helped to preserve our dear, charming, and beautiful community... and efforts that will continue to fight for the best possible solutions to preserve that. Our goal is to raise $50,000. This will cover the current balance owed plus the appeal process.

Will you join in and play a part in meeting this challenge? Would you please commit to making a contribution to help fund this SOS appeal of the Berger decision? A contribution of any amount helps and is greatly appreciated! You may contribute via PayPal HERE (Credit and debit cards are accepted) or by check (See mailing address below).

Most of all, please know that during all these many years it has been your advice, your encouragement, and your support that has provided the energy and strength to SOS to continue on, to continue to hold off this predatory developer, to continue to support our beloved community.

Let’s get it done.

sos IN THE NEWS: MAY 7, 2022

Hello Friends,

While we wait another week for a decision from Judge Berger, here is a recent CT Insider article focusing on our efforts to save our neighborhood.

To read the article, click HERE.

Remember… we’re a community not a commodity.

UPDATE: March 30, 2022

At this point we are deeply aware that the future of our Old Saugatuck neighborhood has been entrusted to a wonderful and immensely capable Attorney. But along with all of us, he too must now wait for the judge’s legal decision as to the next step and the direction of this case.

Summit Saugatuck and Felix Charney want to deny us a court trial by asking for a summary judgement. It is the judge, who solely has to decide on this request, and for the past six weeks, our community has been waiting. I don’t measure the anxiety level anymore.

So the next SOS email should have news as to the decision from Judge Marshall Berger.

While SOS is presently in a “holding pattern” we face the reality that the battle is far from over…

In the meantime with all that we foresee, I believe fully that you understand my personal request of you to give your dollars to SAVE OLD SAUGATUCK is really asking for your investment to help end the land-use abuse by Summit’s Felix Charney. Charney invokes the State Housing 8-30g statute to justify his gross manipulation of its intent and purpose. This is a developer, who ignores all the reasons that call for not building his proposed project on Hiawatha Lane Extension. This is a developer, who chooses to ignore all communications and accommodations that could make the Hiawatha Lane Extension project a legitimate 8-30g concept at work for this community, and for the benefit to the Town as a whole.

So many good people have helped SOS with contributions that fueled our 18 years of battles won against Summit and Felix Charney. Now, here in year 19, I ask you to step up again at this critical moment. This is the test of our time, commitment, and money.

UPDATE for the New Year, 2022

Friends, residents, property owners, and supporters,

A New Year is upon us!

I'm relieved to close-out this tumultuous year for SAVE OLD SAUGATUCK/SOS on a hopeful and positive note. Thank you for all your support throughout the past few years.

Here’s an update for you heading into 2022.

Background:

2021 marks a definite transition year for SOS. We began the year with a strong, 18-year record of official Town support for this neighborhood in our determination to stop a predatory developer. That support suddenly ended in the Spring of 2021.

We now know that in early 2021, the Town Attorney for Westport entered into an unexpected, surprising "settlement" that gave the green-light for developer Felix Charney to build 157 apartment units on the short, private street, Hiawatha Lane Extension.

This is the same street where some 70 years ago, neighborhood residents were given replacement housing because their former homes, located only a hundred feet away, were directly in the path of a new 1950 federal highway construction project known today as I-95.

And as each new resident began moving to houses on this street, they each agreed to a "deed restriction" for their property. An agreement that the home remain a single-family house. They knew that the fragile condition of the land required this for preservation. They knew the area had a history of wetlands. They knew this agreement was a protective shield.

As a result, every one of the 19 houses on Hiawatha Lane Extension has a deed restriction that every one of the owners acknowledged with their signature 70 years ago.

Of course, all subsequent changes in home ownership for any of those 19 homes saw the single family house deed restriction continue to go forward onto the new owner's deed. That on-going restriction continues to provide on a daily basis critical land use and environmental protection.

Current Events:

At some point in the middle of 2021, an extraordinary event changed everything for SOS in a wonderful way that gratified us and gave new meaning to the term, "community support".

Individuals including many from other Westport neighborhoods beyond Old Saugatuck, recognized the danger and unfairness of the "settlement" with Felix Charney.

As a way to help the Old Saugatuck neighborhood they secured the services of respected land-use attorney Joel Green, and then they secured the funding for the retainer fee of $25,000 to begin the legal challenge to immediately halt construction. The understanding and generosity of these actions have touched the heart of this neighborhood, and enabled us to continue the fight.

SAVE OLD SAUGATUCK/SOS now has the chance to fight on many more days, with the goal of achieving a Court issued injunction to permanently stop construction of 157 apartment units on Hiawatha Lane Extension.

The request for an injunction is based on the presence of the 19 deed restrictions that call for only single family houses on Hiawatha Lane Extension.

The court filings have been fast and furious. I've read every document so far so if you have any question don't hesitate to get in touch with me.

Here is a link to all the 'Miriam, Selma v Summit Saugatuck LLC' Court filings so far. Click HERE, then scroll down to "Motions / Pleadings / Documents / Case Status" where you can click on and then read each one to familiarize yourself with progress to date.

You'll see that dates for Court hearings are already set for early January, 2022. Hearings will be done remotely.

Now A Critically Important Part:

Within the past few months, an enormous amount of work and research by Attorney Green and staff has prepared us for our first Court hearings on January 5, 2022.

The initial retainer has been spent on this intensive preparation, and now we need to replenish the fund.

The challenge now is to raise another $25,000 - and hopefully you can help. A contribution in any amount will truly help and is greatly appreciated (Contribute via PayPal, credit or debit cards with the "Make a Contribution" button at the top or bottom of this webpage. Checks may be sent to address at the bottom of this webpage).

I am very conscious of the economic strains many of us may be experiencing at this time. I join you in that experience and it is with this awareness that I ask you to simply weigh this request for your help in light of what saving our homes and history will mean to our neighborhood and beyond. With Attorney Green presenting these new and compelling arguments, we have another chance to preserve our dear community... another chance to stay a beloved community - and not be a mere commodity.

Wishing all best to you in the New Year.

DEVELOPER FELIX CHARNEY'S MASTER PLAN FOR OLD SAUGATUCK

MAP A

Phase one (Map A) of the total plan is shown by the yellow spaces. Phase two of the total plan is shown by the blue spaces. Phase 3 is shown by the white spaces, which indicates the final phase of replace and rebuild Old Saugatuck. That adds up to 100% “redevelopment” for all of the entire Old Saugatuck community of homes.

MAP B

See the rough outline drawn of Charney’s three phases of proposed development to replace and rebuild Old Saugatuck. Note village 1 (Same as yellow in Map A), village 2 (Same as blue in Map A), and village 3 (Same as white in Map A).
Where do you live?

ILLUSTRATION C

Finally, view Illustration C, provided by the developer and which serves as confirmation and affirmation of how Felix Charney intends to completely restructure and redefined Old Saugatuck into a collection of high-end market units sited on a piece of vulnerable land, filled with wetlands, watercourses, flooding and conservation easements.

GET INVOLVED

Our resistance continues ~ Save Old Saugatuck was formed in 2003 to stop Felix Charney, of Summit Saugatuck LLC, from destroying an historic Westport, CT neighborhood. His development plans will encompass every one of these streets: Ferry Lane West, Hiawatha Lane, Indian Hill Road, Davenport Ave., Heritage Court, Dr. Gillette Circle, Hiawatha Lane Extension, and West End Avenue.

Charney is trying to convince the Westport Conservation Commission that land on Hiawatha Lane Extension is suitable for 187 units of rental housing, and that there is no problem with water, existing wetlands and watercourses in this area, when in fact, it is totally unsuitable for any plan that calls for a combined total of five, three, and four-story buildings.

This area has long been recognized as an area of wetlands, that is frequently saturated with water, and historically has severely limited building permitted.

We are encouraging friends, neighbors and concerned citizens to please share pictures of the flooding that already steadily occurs with the overflow of waterways going through the Hiawatha Lane Extension area.... or any other items you feel relevant... and all are invited to share their present stories and remembrances of this area when it was considered “swampland.

If you have any questions or want to know how you can lend further support or help, please don’t hesitate to contact me. Let’s achieve one more victory for ourselves in our 15-year fight to Save Old Saugatuck.

THANK YOU FOR YOUR SUPPORT!

Carolanne Curry

info@SaveOldSaugatuck.com

CONTRIBUTIONS APPRECIATED

Click on the "CONTRIBUTE NOW" button below - or - Please make checks payable to:

Save Old Saugatuck

29 Hiawatha Lane Extension,

Westport, CT. 06880

203-227-3573

FACEBOOK: https://www.facebook.com/Stopcharney/

Sign up for my email list for news and updates on Save Old Saugatuck's status, please click HERE.

YOU MAKE A DIFFERENCE

Help Save the Historic Saugatuck Community of Westport, CT.

Your contribution today helps to make a difference.