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.
