A lawyer representing the owner of a property at Weed and Elm Streets, site of a planned 102-unit multifamily redevelopment, is appealing a municipal body’s decision last month to deny a proposed relocated sewer connection. The Board of Finance, in its role as New Canaan’s Water Pollution Control Authority, violated state law in its “illegal” denial, which was “an abuse of discretion and/or not supported by substantial evidence in the records” for several reasons, according to a complaint filed in state Superior Court by attorney Tim Hollister of Hartford-based Hinckley Allen. The property at 751 Weed St. is already connected to the town’s sewer system, “ample sewer capacity exists for the proposed use” and “no system extension is proposed,” Hollister said in the complaint, received Monday by the Town Clerk’s office. “[T]here are no engineering impediments to connecting,” the complaint said, the sewer extension will be privately funded and “the applicants have a right to approval and the WPCA has a non-discretionary / ministerial obligation to grant the application.”
“In denying the application, the WPCA illegally used sewer system access to control or regulate land use, which is beyond its statutory authority,” Hollister said in the complaint, and the denial was also “pre-textual in the sense that the record shows that its stated denial reasons were not the actual factors that resulted in the decision.”
“The record contains no factual or legal basis for detail of the application,” the complaint said.