A company that wants to build 126 mobile homes on Hurley Road has filed an appeal against the town of Oxford seeking to overturn a legal opinion that states the project could have a negative impact on protected wetlands.
Garden Homes Management Corp. of Stamford says the Inland Wetlands Agency acted illegally, arbitrarily and in abuse of its discretion when it accepted a legal opinion Oct. 23 from attorney Peter Olsen that forces Garden Homes to apply for approval of the agency. Garden Homes had argued that certain activities proposed at the property in conjunction with the development of a mobile home park pursuant to Connecticut General Statute 8-30g are not subject to inland wetlands and watercourses regulations or the jurisdiction of the wetlands agency.
The town is standing by its decision, but the company wants the appeal to be sustained and the decision to be overturned, according to the appeal filed at the Town Clerk’s office on Nov. 16. The appeal, which is a legal filing at Superior Court, states that Oxford must appear at court to answer the allegations on Jan. 8.
The appeal is the latest turn of the screw in Garden Home’s ongoing battle to build the homes, of which 38 would be set aside as affordable housing.
The company’s original plans were by the wetlands agency and Planning & Zoning Commission in 2007. Garden Homes opposed the denial in court, and a superior court judge agreed with the wetlands denial but overturned the Planning & Zoning denial, saying essentially there is a need for affordable housing in Oxford.
Olsen has been working with the town in drafting affordable housing regulations and thoroughly reviewing 8-30g applications, such as the Garden Homes plan.