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09/16/2015 09:30 AMThe lawsuit against the Madison Beach Hotel has yet to see any real action as the summer comes to a close.
The lawsuit, filed on May 20, attests that the hotel is in violation of a number of variances it was granted in 2008. Cecilia Pfister, a board member of the Madison Beach Preservation Society, said that the violations are disruptive to the surrounding neighborhood.
“The Madison Beach Preservation Association is concerned about all of the violations, especially those that are obvious, visible, and regularly disregarded by the hotel, and those that negatively impact the neighbors and our property values,” she said.
According to Pfister, the violations include exceeding the building occupancy for special events, exterior lighting beyond what was approved, truck deliveries outside of approved hours and days, prolonged idling by trucks and buses doing business with the hotel, the exterior storage of trash, and amplified music that is audible beyond 50 feet of the hotel property.
First Selectman Fillmore McPherson said he was not able to say much as the lawsuit is ongoing, but did note that there has been little activity so far.
“There has been no progress in the lawsuit,” he said. “I expect there will be fewer [resident] complaints now that summer is over, but the lawsuit will continue.”
The lawsuit is currently in the discovery stage, and Pfister says there has still been no response from the town or the hotel.
“The fact that the town has refused to enforce these variances is very troubling,” she said. “If the town sets the rules by way of variances and these rules are violated, and the town does not enforce those rules, we have essentially been left with lawlessness.”
Pfister said the lack of response from either party to the complaints pushed the association to take legal action.
“We do not believe the Madison Beach Hotel should be making a profit by disregarding the same regulations by which every other Madison resident, property owner, and business abides,” she said. “And we especially do not approve of the town giving the hotel a pass to continue to operate this way. This is why the Madison Beach Preservation Association is seeking corrective action through the courts.”
Pfister said the ultimate goal of the lawsuit is simple.
“Our goal with this lawsuit is to have the hotel abide by the variances they were issued in 2008 and that the town will enforce those variances,” she said. “We believe this will help preserve the bucolic, residential character of the beach neighborhood.”
The Madison Beach Hotel declined an opportunity to comment.