No special permits for six months

SALISBURY — A divided Planning and Zoning Commission approved a six-month moratorium on special permit applications for vertical expansions within the Lake Protection Overlay Zone after a contentious public hearing Tuesday, July 19.The vote was three to two, with commissioners Cristin Rich and Dan Dwyer and Chairman Michael Klemens voting for the moratorium and commissioners Jon Higgins and Marty Whalen against.The moratorium takes place immediately, running from July 20, 2011, to Jan. 20, 2012.In opposing the moratorium, Higgins said he felt the matter had been rushed to a vote. “It would have been nice to have deliberations about this before the public hearing.“I don’t need to beat it to death but the process is flawed.”At the commission’s meeting July 5, Higgins, who was not present, expressed concern over Klemens’ consultations with attorney Chuck Andres and planner Tom McGowan without a discussion with the commission. At that meeting Klemens conceded Higgins’ point and apologized.But Higgins remained irritated.Cristin Rich said she supported the moratorium, in order to give the commission “some breathing space.”During public comment, Bill Littauer of the Lake Wononscopomuc Association said his group’s board of directors had voted to support the moratorium, although the vote was six to three, indicating some concern that the association was getting enmeshed in town politics.“Our focus is protecting the lake.”Two letters were read into the record opposing the moratorium, and Mary and Irwin Ackerman had a lengthy exchange with the commission (primarily Klemens). Irwin Ackerman said, “It sounds like you’re hiding behind the moratorium to avoid making a decision,” and Mary Ackerman noted that the zoning text amendment prohibiting vertical expansions had been defeated twice.Klemens reiterated that the hearing was about the moratorium and a sharp exchange ensued, with all participants talking over each other.Lakeville resident and attorney Mark Capecelatro, in questioning the moratorium, said that he could not recall a finding or determination by the commission that found that vertical expansions presented a hazard to public health or safety. “In the absence of such a proposition I don’t think a moratorium can be entertained.”Klemens and Dwyer both responded that there has been considerable discussion in the last nine months of meetings and hearings. Capecelatro continued to push. “Was there a vote that made a determination?”He did not receive an answer.At the end of the hearing Georgia Petrie said, “At this point you do need a moratorium to give you all some time to reflect.“I wish you all the best,” she continued, to scattered laughter, “but I think you need a timeout.”

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