Neighbors of Wake Robin Inn sue P&Z

Wake Robin Inn is located on Sharon Road in Lakeville.
John Coston
LAKEVILLE — Angela and William Cruger of Wells Hill Road have filed a lawsuit against Salisbury’s Planning and Zoning Commission, claiming a May 2024 amendment to the town’s zoning regulations was legally invalid.
The Crugers were formally intervenors in a public hearing of an application to expand the Wake Robin Inn that spanned several continuations in late 2024. As intervenors, they argued against the development on the grounds that the area’s ecology would be negatively impacted. The applicant, ARADEV LLC, ultimately withdrew its application in December after the Planning and Zoning Commission indicated it was likely to deny the proposal as it stood.
In January, ARADEV LLC returned before the Commission to hold a pre-application discussion, indicating that the group is likely to reapply with an amended plan.
The Crugers’ representative attorneys, Perley Grimes and Allison Noteware of law outfit Cramer & Anderson LLP, filed the suit against the Commission on Feb. 28, alleging that the Commission acted unlawfully when it changed the town’s zoning regulations to allow hotel development in the “RR1” — Rural Residential One — zone via special permit.
The suit claims that the Commission failed to adequately notify neighbors and the general public of its intention to amend the regulation. Specifically, the appeal states that P&Z acted in violation of Connecticut General Statute 8-8(r), which requires zoning boards to sufficiently publicize hearings and actions. The suit demands that the Superior Court declares the amendments null and void, and that the Commission is ordered to “restore the RR1 regulations in full as in existence prior to May 6, 2024.”
The suit also alleges that the Commission engaged in “spot zoning” by amending the regulation, as ARADEV LLC had requested that P&Z change the regulation several months before they actually did. In the language of the suit, the Commission acted “in favor of [ARADEV LLC] to permit an intensified use incongruous with the residential zone in which it is situated in violation of the law and public policy.”
The suit complains that the amended regulations would “injuriously affect [the Crugers]” by disturbing peace and quiet in the neighborhood and lowering their property values by increasing traffic, augmenting commercial operations at the Inn and raising noise levels in the neighborhood.
The Land Use Office and P&Z have repeatedly denied that they favored the project when amending the regulations. An October memo written by Land Use Administrator Abby Conroy and P&Z Chair Michael Klemens states that the Commission did not deem that the proposed regulation change by ARADEV LLC was acceptable “as it likely constituted spot zoning (a zone change that benefits a single property) and was not broadly applicable to the entire town.”
The letter goes on to affirm that conversations surrounding changing the zoning regulations governing “transient accommodations” had been in progress for years: “Although ARADEV LLC’s request provided the impetus for [P&Z] to initiate a regulation amendment, [P&Z] ultimately adopted their own language which addressed a number of long-standing regulatory problems concerning transient lodging.”
P&Z established a “public notice registry” to notify interested parties of future applications “initiated by P&Z,” such as a regulation change, Klemens and Conroy announced in the letter.
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Cobbler n’ Cream
5 to 7 p.m.
Freund’s Farm Market & Bakery | 324 Norfolk Rd.
Canaan Carnival
6 to 10 p.m.
Bunny McGuire Park
Canaan Carnival
6 to 10 p.m.
Bunny McGuire Park
Cocktail Party
5 to 7 p.m.
Douglas Library | 108 Main St.
Canaan Carnival
6 to 10 p.m.
Bunny McGuire Park
Boot Drive
8 a.m. to 2 p.m.
North Canaan Fire Co. | 4 E. Main St.
3rd Annual Fly-In
8 a.m. to 3 p.m.
Triumph Airfield | 547 W. Main St.
Canaan Railroad Station Museum
10 a.m. to 6 p.m.
Canaan Union Station
New England Accordion Connection
9 a.m. to 8 p.m.
Canaan Union Station
Canaan Carnival
3 to 10 p.m.
Bunny McGuire Park
Berkshire Resilience Brass Band
5 to 8 p.m.
Canaan Union Station
Barbecued Chicken Dinner
5 to 7 p.m.
St. Martin of Tours | 4 Main St.
Canaan Fireman’s parade
6 p.m.
Rosa setigera is a native climbing rose whose simple flowers allow bees to easily collect pollen.
After moving to West Cornwall in 2012, we were given a thoughtful housewarming gift: the 1997 edition of “Dirr’s Hardy Trees and Shrubs.” We were told the encyclopedic volume was the definitive gardener’s reference guide — a fact I already knew, having purchased one several months earlier at the recommendation of a gardener I admire.
At the time, we were in the thick of winter invasive removal, and I enjoyed reading and dreaming about the trees and shrubs I could plant to fill in the bare spots where the bittersweet, barberry, multiflora rose and other invasive plants had been.Years later, I purchased the 2011 edition, updated and inclusive of plants for warm climates.
On the cover of the new edition, a quote from Adrian Higgins of The Washington Post boasts, “Michael Dirr is the oracle of ornamental horticulture. I trust his judgements implicitly.”I heartily disagree with Mr. Higgins:I blame this book — and my poor use of it — for some of my worst tree and shrub choices.
I realize some readers might find this declaration inflammatory. The book still occupies a place of high regard among experienced and novice gardeners alike, so please allow me to explain.
In addition to giving the reader his opinion on the aesthetic worthiness of the woody plants included in the book, Mr. Dirr makes good on the book’s title with a review of each species’ hardiness. What makes a tree hardy?It thrives in its intended site, resisting disease with leaves and bark not readily eaten by insects and other critters.
Non-native plants make up the majority of the recommended hardy plants in the book.And here is why:Native trees and shrubs are, by evolution’s design, food source and host to our native fauna — critters large and small. There is no substitute equal to the fauna’s co-evolved flora.A native caterpillar cannot eat a kousa dogwood leaf, as it has not evolved to digest it.Non-native plants seemingly have the advantage if the lens we look through values pristine, uneaten leaves.
In the days when there were sufficient thriving ecosystems to maintain local habitats, a non-native specimen tree here and there was just fine.But where we live in Northwest Connecticut, our woods, meadows, marshes and other natural areas have, for a couple of decades, been severely compromised by invasives that have almost entirely removed the food sources for native insects. It is up to us — now — to plant native plants to save the food chain.Without insects, not only will native animals die, but human food sources will also be at risk.
The security of our food pipeline seems a worthy exchange for some caterpillar-eaten leaves — and to be clear, we’re not talking about non-native infestations such as spongy moth, but rather native caterpillars, which are the singular food source for nesting birds.
My issue is that, in being a trusted source for plant selection, Dirr’s book should give equal — if not prioritized — space to information on ecological impact.For example, it would be good to know when selecting a tree, that a native oak provides food and other ecosystem services to more than 400 native animal species, while a native tulip poplar supports fewer than 30 — though that includes the Eastern tiger swallowtail. Including information on the birds and insects attracted to a given plant would enable reader to weigh these factors in choosing what to grow.But this information is not mentioned at all.
Dirr makes no mention of the role some of these plants have played in the degradation of our natural areas — an omission that is highly relevant, as many of the plants featured in his book are, in fact, invasive culprits. Plants like barberry, porcelain berry and tree of heaven are showcased for consideration alongside native plants without recognition of the devastating infestations they can manifest. Tree of Heaven is now responsible for hosting the spotted lanternfly, which is devastating crops.
Similarly Euonymous alatus (winged euonymous) and Actinidia arguta (hardy kiwi) — two highly invasive plants touted in the book — have been banned or are close to being banned for sale from nurseries in the state of Massachusetts. To his credit, Dirr does point out the invasive nature of Ligustrum sinense (Chinese privet), calling it “a terrible and devastating escapee that terrorizes floodplains, fencerows and even open fields, reducing native vegetation to rubble.” Yet Japanese honeysuckle gets an understated warning, with Dirr describing this massively invasive shrub as “bullying their way into understory and open areas.”
The latest edition of Dirr’s book devotes seven pages of copy and photos to various Berberis species, about which Dirr waxes poetic. He notes the addition of “30 new cultivars” in the latest revision and complains that “this species is under assault for its aggressive invasive nature.” He refers to Berberis thunbergii — Japanese barberry, the most invasive of them all — as “the species of major importance in garden commerce.” This plant has already been outlawed for sale in New York, Pennsylvania, New Hamphsire and Maine.A few weeks ago, a bill was passed in Connecticut recognizing the harm of a broad group of invasive plants. Under this new legislation, barberry will be phased out from sale or transport by October 2028.
In understating the invasive nature of many non-natives and de-prioritizing the importance of native species, Dirr’s widely used reference may be partly responsible for many a devastated woodland, forest, meadow and marsh in New England — if not across the U.S.Certainly, the evolution of species, and scientific knowledge about the environment, is changing faster than new editions of books can be printed. I can only hope that if a new edition of Mr. Dirr’s reference book is in the works that it will account for this criteria we now know to be vital in plant selection.
Which brings me back to that quote on the cover from The Washington Post and the larger issue it suggests:Should “ornamental horticulture” get a pass when it comes to ecological survival?I think we can agree — it should not.The consequences are simply too destructive.
Dee Salomon ‘ungardens’ in Litchfield County.
Foxtrot Farm & Flowers’ historic barn space during UAW’s 2024 exhibition entitled “Unruly Edges.”
Art lovers, mark your calendars. The sixth edition of Upstate Art Weekend (UAW) returns July 17 to 21, with an exciting lineup of exhibitions and events celebrating the cultural vibrancy of the region. Spanning eight counties and over 130 venues, UAW invites residents and visitors alike to explore the Hudson Valley’s thriving creative communities.
Here’s a preview of four must-see exhibitions in the area:
1. Wassaic Project (37 Furnace Bank Road, Wassaic)
“So It Goes” is a powerful group exhibition curated by Eve Biddle, Bowie Zunino, Jeff Barnett-Winsby, and Will Hutnick. The title, drawn from Kurt Vonnegut’s “Slaughterhouse-Five,” signals a reckoning with how we process the horrors of the world. Through play, reflection, and immersive scale, 43 artists respond with urgency and imagination. Installations can be seen throughout the town of Wassaic at Maxon Mills, Gridley Chapel, and Luther Barn, each space transformed by this deeply thoughtful show.
2. Foxtrot Farm & Flowers (6862 Route 82, Stanfordville)
“Queer Bestiary,” a group show curated by Charlotte Woolf, is inspired by Patricia Ononiwu Kaishian’s book “Forest Euphoria.” The exhibition investigates queer ecology and human relationship to land through the work of 10 artists using painting, sculpture, textiles, and photography. The exhibit is accompanied by a variety of interactive experiences including tattoo pop-ups, karaoke, book readings, and pick-your-own flowers.
3. ChaShaMa North/ChaNorth (2600 Route 199, Pine Plains)
ChaShaMa North (ChaNorth) will have open studios all weekend and has partnered with Paradice Palase, a platform for emerging artists, to mount a site-specific sculpture exhibition featuring 20 artists entitled “Alone, You Are Heard.” On Saturday evening, July 19, stop by for Weird Music Night for an audio-visual synthesis of experimental music, performance art, and unexpected happenings. Don’t miss this opportunity to experience an eclectic lineup of acts that redefine the boundaries of performance.
4. Millbrook Arts Project(3 Friendly Lane, Millbrook)
The Millbrook Arts Project is hosting a curated exhibit entitled “Generated Utility” at the newly renovated gallery at the village library. The exhibit will feature the work of artists Natalie Beall and Kathy Greenwood. Additionally, visitors will have access to 12 open artists studios across town. The weekend culminates in a free outdoor concert on Saturday evening at 6 p.m. at the Millbrook Bandshell. Enjoy the Indie-Folk sounds of Strawberry Runners and She Keeps Bees.
For more information and a complete list of participating artists and locations, visit: upstateartweekend.org