The town’s Planning and Zoning Commission and Conservation Commission denied two separate plans — one for a 105-unit development and another for a 99-unit proposal — in 2011.

Developers Huntley “Bucky” Stone and Robert Carlson, on the other hand, contended that their plans, which would include affordable housing within the development, would not have a substantially different impact on the land than a plan approved in 2009 for 21 mansions. They appealed the commissions’ decisions in Superior Court.

Earlier this year, Hartford Superior Court Judge Marshall K. Berger ruled that the plans were not appropriate for the area. And recently, ending the debate once and for all, the Appellate Court decided not to take up the case, as requested by the developers.

Verne Gay, president of Citizens for Easton, a community group formed in the 1970s to help protect the town’s open space, said he’s not sure whether Stone, the face of the development, will now give up plans to develop the site or submit a new proposal.

“The courts rejected the appeal,” Gay said. “Does he have another move? I don’t know.”

For town residents, the legal battle was a long one that required constant attention and funds to pay a lawyer of their own. Citizens for Easton created the Coalition to Save Easton for this reason, which attained intervenor status in the case, meaning it was always aware of the latest actions in the case.

“It has been very hard,” Gay said. “We all have our own jobs and lives. Over the years, Bucky was well funded and he had a very good legal team. At any point through this process he could have prevailed. Our difficulty was to just keep fighting.”

“We’re very simply a local tree-hugger group here,” Gay added. “It has no other motivation. It’s just protecting the town.”

Stone and Carlson did not return calls for comment.

The town’s regulations limit development in the property’s zone to one dwelling unit per 2 acres of buildable area, excluding the wetlands. The developers sought a more dense housing complex of 99 units in 31 buildings, with 30 percent of the townhouses set aside as affordable.

Under state statute, if a town with less than 10 percent affordable housing rejects a developer’s application to build affordable housing, the burden of proof is on the town to show the plan would harm public health, safety or other matters.

Ira Bloom, of the law firm Berchem, Moses and Devlin P.C., served as legal counsel for the town commissions. “For Easton it was extremely important to protect the town’s resources and, in particular, the public water supply area,” he said

The complex would have sat within two watersheds: the Easton Lake Reservoir and the Aspetuck Reservoir. Both serve as the Aquarion Water Co.’s public drinking water supply reservoirs that serve more than 400,000 Fairfield County residents.

First Selectman Adam Dunsby said protecting the watershed land merits appropriate restrictions on developments.

Brian Roach, program manager of environmental protection for Aquarion, said the 99-unit complex proposed housing densities that were more than two times the maximum density shown to be appropriate to protect water quality within watersheds.

“While Aquarion acknowledges the need for affordable housing in Connecticut, it strongly believes that high-density residential developments should only be considered for locations that are not within public drinking water supply watersheds,” Roach said.

In his 56-page decision, Judge Berger noted that the state statute that addresses affordable housing, section 8-30g, was not meant to tie the hands of communities like Easton, who have a low percentage of affordable housing.

“Saddle Ridge’s application highlights Easton’s need for affordable housing,” the decision states. “The Legislature’s enactment of (Section) 8-30g to accomplish that goal was not intended to allow every development at the cost of damaging natural resources such as our wetlands and watercourses. Sometimes, a different type or less intensive use of the land is demanded.”

ktorres@hearstmediact.com; 203-330-6227

On January 25, 2016, Hartford Superior Court Judge Marshall Berger dismissed the affordable housing and inland wetlands appeals by Saddle Ridge Developers, LLC, et al, following a multi-year dispute. The developers had sued to overturn the town of Easton’s land use commissions denials of a proposed 99-unit townhouse development, which was to be located in watershed land that drains into the Aspetuck and Easton Reservoirs and provides drinking water to over 400,000 Fairfield County residents.

Watershed issues were paramount in reaching the decision to dismiss the appeals, according to Judge Berger’s memorandum of decision. “The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state,” the document reads.

Critics of the development project were elated at the court’s decision. “The Saddle Ridge proposal would set a terrible precedent for building on watershed land,” said Verne Gay, President of Citizens for Easton (CFE) and a member of the Coalition to Save Easton, (CSE) a sub-group of CFE that was the environmental intervener in the case.” Gay added, “I’m so grateful to Judge Berger for being so thorough and fair.”

In accordance with the Connecticut State Legislature’s directions to protect the town’s watersheds, the town’s land use commissions “properly reviewed the impact of Saddle Ridge’s proposal and denied the applications,” the memorandum reads. “The commission has proven that it’s decision was necessary to protect the public’s interest in safe drinking water that the risk to the drinking water supply for 400,000 people clearly outweighed the need for affordable housing units as proposed by Saddle Ridge.” Saddle Ridge Developers, LLC had planned to build 30 units to meet the criteria of State Statute 8-30g. CFE/CSE also notes that the existing affordable units on record with the town of Easton have historically had a vacancy rate of approximately 50%.