UPDATE: Judge Dismisses Three Appeals About Family Y

Stamford Superior Court Judge A. William Mottolese has dismissed three cases pertaining to the Westport Weston Family Y's move to Camp Mahackeno that were filed by those who oppose the move and have environmental concerns for the project.

Mottolese heard the cases of Y Downtown Inc. versus the Westport Conservation Commission, Arthur Cohen versus the Westport Conservation Commission and Arthur Cohen versus the Representative Town Meeting in May. After just two months of what could have been a four-month wait, Mottolese issued his decision on Tuesday, which arrived in local mailboxes Friday.

Westport Town Attorney Ira Bloom made the documents available Friday afternoon.

The YMCA has plans, and has been permitted, to move from its downtown location to its Camp Mahackeno property on Sunny Lane. 

The move has created controversy based on the potential for increased traffic and commercialism in a rural part of Westport and the possibility that the move might lead to less foot traffic downtown.

The crux of the conservation appeals, however, rest primarily with one issue about an engineered septic system that is to be part of the new facility. That issue has to do with the protocol that would be used in the event the treatment system malfunctions. The plaintiffs argued that they were not given time to review the action plan were this malfunction to occur, because the plan was submitted post project approval.

Mottolese concluded that the town's conservation commission acted properly and "gave a thorough and meticulous consideration" to the project that complies with applicable regulations and "will not cause harm to the wetlands and watercourses."

He also states that the opponents to the Y's move could have submitted to the commission in writing deficiencies they saw in the protocol or petition the commission for further hearing.

Mottolese cites transcripts from conservation commission work sessions, which occurred three years ago, that "clearly show not only did they meaningfully consider the benefits and detriments of the system, but they agonized over the issue of its reliability after nine public hearing sessions and ultimately voted overwhelmingly in favor with that vote resulting in a 37-page written decision."

"The commission's consideration of its reliability was more than adequate," Mottolese continues in his decision.

Westport Town Attorney Ira Bloom said he is pleased with the outcome that has been three years in the making.

"The Conservation Commission and RTM worked extremely diligently on this application," he said Friday. "It is gratifying to have their work upheld." 

Rob Reeves, CEO of the Y, said he is "pleased but not surprised" by the court's decision.

"We had every confidence in the world it would be upheld," he said. 

Reeves maintained that construction would not begin at the new site until appeals challenging the project had been decided in court. With the conservation appeals now dismissed, Reeves said the Y only has one more court case pending regarding the Planning & Zoning Commission approval. A court date has yet to be scheduled for that case.

Attorney Keith Ainsworth of Evans, Feldman and Ainsworth LLC in New Haven, who is representing Y Downtown, said in addition to moving forward with the P&Z case, the latest decision from Judge Mottolese presents another opportunity for appeal. Specifically, Ainsworth said the protocol for the system malfunction, should it occur, was unwritten and did not exist at the time of the hearing, which means his clients "could not have been expected to critique" what did not exist.

"While we respect the court's decision, there are definitely avenues for appeal here," Ainsworth said. 

As of Friday afternoon, he had not spoken to his clients as to whether they want to pursue another appeal. Doing so would require they petition the Connecticut Court of Appeals for permission to file another appeal. They have 21 days to seek that permission.

If a judge grants their appeal, they can then move forward with it.

"I don't know if they will exercise that right but certainly there are grounds here for an appeal," he said.

Members of Y Downtown could not be reached for comment Friday.

In the meantime, as the Westport Weston Family Y awaits court proceedings to conclude, Reeves said he will now hire additional staff to assist in the upcoming capital campaign that will help the Y pay for a new facility.

Earlier this week, the State Traffic Commission approved the traffic improvement plans at exit 41 on the Merritt Parkway to accommodate the new Y. 

Reeves said the Y can now move forward with design plans for the building and gearing up for the capital campaign in the fall.