Holley Block affordable housing lawsuit dismissed

A rendering of “Holley Place” from Millerton Road (Route 44). Illustration from Salisbury Housing Committee
SALISBURY — A Superior Court judge has struck down legal challenges to a proposed affordable housing development on town-owned property at 11 Holley Street in the Lakeville section of Salisbury, known as the Holley Block.
A 19-page Memorandum of Decision, filed by Judge Andrew Roraback on Friday, Feb. 17, paves the way for the construction of 12 rental units for individuals or families at or below 80 percent of the median income level for Litchfield County.
“This is a clear win. We are overjoyed and we look forward to being able to put up 12 affordable housing units in that location,” said Peter Halle, co-president of the Salisbury Housing Committee, Inc. (SHC).
SHC was a named defendant in the lawsuit filed 18 months ago, along with the Salisbury Planning and Zoning Commission (P&Z).
SHC’s application for the housing project was approved by the P&Z on May 17, 2021, with numerous conditions and after three lengthy sessions of a public hearing. On June 8, 2021, opponents of the proposal filed a lawsuit to halt the process.
The three plaintiffs in the lawsuit included two abutting property owners, 12 Millerton Road, LLC and RJSHolding, LLC, and an individual, William Muecke, who was an intervenor in the process.
The plaintiff’s attorney, Daniel Casagrande of Cramer and Anderson, wrote in a Tuesday, Feb. 21 email:
“While my clients respect the decision of the court they are obviously disappointed. We are weighing options to appeal.”
The plaintiffs challenged the commission’s actions in approving the application and claimed that it “failed to conduct an inquiry…as to whether there existed a ‘feasible and prudent alternative’ ” to SHC’s proposal.
In his decision Judge Roraback ruled in favor of the defendants.
“The plaintiff’s verified complaint…contains a litany of alleged shortcomings challenging the substance of SHC’s special permit application and alleged abuses of discretion on the part of the commission in reaching its decision to approve that application,” said Roraback.
P&Z chair Michael Klemens said the judge’s decision to dismiss the lawsuits is “affirmation that P&Z conducted a fair, open and inclusive process.”
Klemens said he was pleased that the judge “recognized that P&Z actually listened to the intervenors and imposed conditions that reflected their testimony.”
While pleased with the ruling, Klemens cautioned that it may be just the beginning of a multi-step legal process.
“What it means is that we’ve prevailed in this go-around, but of course the plaintiffs have the opportunity to appeal. I’m not even thinking that this is the end of it.”
He said the process has already been an expensive one for the town.
“It’s cost the taxpayers quite a bit of money, and that’s money that we cannot recover. It was an expense, but it was needed. We had to defend our decision to the best of our ability.”
The process has also delayed the project for the past a year and a half, noted Halle. “Every month that goes by without these 12 units is another 12 families that don’t have a place to live.”
‘Feasible and prudent’ alternatives sought
The Memorandum of Decision notes that the Holley Street property was given to the town in 1967 by the Belcher family. The gift was conditioned on the town agreeing to demolish a large and aging building known as “The Holley Block” that dated at least from the 1880s.
The Belchers provided that if new buildings were constructed on the site, they should have “exterior design in keeping with the Federal or early Eighteenth-Century image of our villages,” according to the legal decision. If no buildings were constructed, the Belchers directed the property be “cleared, graded and landscaped for a town park or attractively landscaped for a parking area.”
At the public hearing, there was extensive testimony and documentary evidence relating to the historical importance of the vacant .31-acre site on which SHC seeks to construct a building containing affordable housing, wrote Roraback.
In his decision, the judge noted that “…the court upholds the commission’s determination that the intervenors did not adduce evidence that was sufficient to require the commission to consider feasible and prudent alternatives.”
The court also ruled favorably to the commission’s interpretation of the regulations as they apply to the permissible front yard setbacks for SHC’s proposed building in the subject overlay zone, and that such interpretation was the result of “honest judgment that was reasonably and fairly exercised.”
In conclusion, Roraback ruled that the decision of the Salisbury Planning and Zoning Commission is upheld and dismissed the appeal.
In 2017, the Salisbury Affordable Housing Commission hosted a series of community forums to seek resident input on housing goals and locations. The Holley Block was voted the most popular site for new affordable housing at these forums. The site once contained an apartment building on it that was demolished decades ago.
The town provided an option to lease the property to the SHC, which has been awarded pre-development funding for the affordable housing project from the state Department of Housing to explore the viability of affordable housing on that site.
On Feb. 6, the Salisbury Board of Selectmen voted unanimously to extend the lease on the Holley Block property to SHC until July 31, 2025.
Halle credited the town’s Planning and Zoning commission, its chairman and town attorneys for making a solid case for the proposed affordable housing project, to be named “Holley Place,” which he said he expects will move forward once state financing comes through.
“P&Z did a thorough job when they ruled for us back in May of 2021, and that is really what carried the day. This is an important win for us. We needed this.”
The case of Jacquier vs. Camardi is expected to continue at Torrington Superior Court the week of Sept. 15.
NORTH CANAAN — A pair of Democratic Town Committee (DTC) candidates are seeking legal recourse to ensure they are included on the ballot this November despite errors on the party endorsement slate.
Plaintiffs Jean Jacquier and Carol Overby brought the case against defendant Marilisa Camardi to Torrington Superior Court, which held an evidentiary hearing Friday, Sept. 12. Testimony from both sides aimed to explain the situation to Judge Ann E. Lynch.
At the July 22 DTC caucus, Jacquier was endorsed as the party’s candidate for town clerk and Overby was endorsed to run for Board of Finance.
The next day, DTC chair and caucus secretary Chris Jacques filed the full endorsement slate and State Election Enforcement Commission (SEEC) documents to Assistant Town Clerk Marilisa Camardi. But the slate was missing information: Jacquier and Overby were not assigned to a specific office or term.
"I am a rookie at this," Jacques said on the witness stand. "I suppose I just didn't look at it closely enough."
Jacquier testified that she was not wearing her glasses while filling out her information on the official endorsement slate and “made a clerical mistake.”
Overby was not called as a witness.
Camardi testified to noticing on July 24 that the form was missing information and, after cross referencing the accompanying SEEC documents, filled in the blanks herself. It was established during the hearing that making clerical corrections on forms is within proper protocol for a town clerk.
On Aug. 7, however, First Selectman Brian Ohler alerted the Secretary of the State’s (SOTS) office that the original document was incomplete. (Ohler was not present at the Sept. 12 hearing.)
SOTS Election Officer Heather Augeri reviewed the slate as it was originally submitted. Per the filing, she responded that the endorsements were not properly certified and therefore void. Augeri advised Camardi remove both nominees from the ballot.
Jacquier testified that since the Aug. 7 correspondence she has had several phone calls with Augeri, who she described as a friend. Jacquier said Augeri relayed the same message to her: “She said it’s not valid.”
Camardi is the acting town clerk in North Canaan, though she is technically Jacquier’s part-time assistant. Jacquier is the current, four-term elected town clerk but has not reported to work since February following a dispute between her and the first selectman. “I did not resign. I did not quit. I just left,” Jacquier testified. “I couldn’t stand the turmoil.”
Plaintiff attorney John Kennelly said the SOTS office has no statutory authority to rule on issues relating to municipal party endorsements. Kennelly claimed that as the acting town clerk, Camardi is the sole individual responsible for finalizing and certifying the town election ballot.
Kennelly asserted that if Camardi was informed through the SEEC documents of which offices Jacquier and Overby were endorsed for, then Augeri’s advice should be ignored and the two candidates should be eligible to run in November.
Camardi said she was waiting to finalize the ballot until the court makes its decision.
After nearly three hours of testimony, Judge Lynch referenced a similar case, Airey vs. Feliciano (2024), in which Connecticut Supreme Court ruled to reject an improperly signed petition sheet. Lynch requested briefs from each attorney by Monday, Sept. 15, and planned to continue the hearing that week.
Aradev LLC’s plans to redevelop Wake Robin Inn include four 2,000-square-foot cabins, an event space, a sit-down restaurant and fast-casual counter, a spa, library, lounge, gym and seasonal pool. If approved, guest room numbers would increase from 38 to 57.
LAKEVILLE — The public hearing for the redevelopment of Wake Robin Inn is over. Salisbury Planning and Zoning Commission now has two months to make a decision.
The hearing closed on Tuesday, Sept. 9, after its seventh session.
Michael Klemens, chair of P&Z, had warned at the opening of the proceedings that “this might be a long night” due to a last-minute influx of material from experts hired by Wells Hill Road residents William and Angela Cruger to oppose the project, but this turned out not to be the case.
These 11th hour submissions set a sour tone to the start of the meeting, with commissioner Robert Riva stating that it was “not very professional to pull this stunt on this Commission.” Riva said he had diligently reviewed the already substantial documentation provided by both the applicant and the opposing experts, and was surprised to find a “dump” of additional information submitted just hours before the meeting’s start time at 6 p.m.
Tensions were quickly eased, however, when William Cruger offered his concise summation of his platform’s opposition to the expansion, which is the second iteration of the project after an earlier version was withdrawn late last year.
“It’s important for you all to hear from me that there was never any disrespect intended to the Commission, the commissioners, and to the process,” Cruger said. He defended the last-minute submissions as an effort on the part of the experts to be thorough in their analysis: “Our intention… has been and remains to do our best to get whatever we think will be helpful in your deliberations into the record.”
The Crugers formally entered the hearing process as intervenors for the first application from Aradev LLC, the applicant, in the fall of 2024, meaning they and their hired consultants had full party status in the hearing proceedings. During this cycle, however, they chose not to petition for intervenor status, yet during this round of hearings their role has been similar. Klemens described them as having “almost intervenor status — not quite.”
William Cruger summarized the consultant’s findings for Aradev’s revised application, noting they found it to be “virtually identical in scale to the previous proposal.”
“Our position is that the proposed expansion would absolutely negatively impact the usefulness, enjoyment and value of the surrounding properties,” he said.
Aradev’s attorney Joshua Mackey countered by saying that the special permit conditions would elevate the currently non-conforming hotel in the zone, describing it as a “community asset that is improved, regulated, and safeguarded for generations to come.” He characterized Aradev as “the next steward of this storied property.”
After Mackey and Aradev co-founder Steven Cohen concluded their remarks, Klemens closed the hearing with no public comment, which he had stated would be the case at last week’s hearing session on Thursday, Sept. 4. Klemens said that P&Z will begin deliberating the proposal in early October after the commissioners have had the chance to review the information in the record.
A total of 45 letters, including the Crugers’ experts’ testimony, were submitted since the Sept. 4 meeting alone, alongside hundreds of pages of application materials and additional testimony.
As the Commission deliberates and reviews, all of this information is available for public viewing on the “Meeting Documents” subpage under P&Z’s section on the town website, www.salisburyct.us.
The Commission must issue a decision on the application by Nov. 13, the end of the statutorily defined deliberation window.
COPAKE — Judith Marie “Judy” Drury, 76, a four-year resident of Copake, New York, formerly of Millerton, New York, died peacefully on Tuesday, Sept. 2, 2025, at Vassar Bros. Medical Center in Poughkeepsie, New York, surrounded by her loving family and her Lord and savior Jesus Christ. Judy worked as a therapy aide for Taconic DDSO in Wassaic, New York, prior to her retirement on Feb. 1, 2004. She then went on to work in the Housekeeping Department at Vassar Bros. Medical Center for several years.
Born Jan. 2, 1949, in Richford, Vermont, she was the daughter of the late Leo J. and Marie A. (Bean) Martel. She attended Roeliff Jansen Central School in Columbia County, New York, in her early years. Judy was an avid sports fan and she was particularly fond of the New England Patriots football team and the New York Rangers hockey team. She enjoyed spending time with her family and traveling to Florida, Myrtle Beach, South Carolina, and Pennsylvania for many years. She was a longtime parishioner of Faith Bible Chapel of Shekomeko on Silver Mountain in Millerton as well.
Judy is survived by two brothers; John Martel and his wife, Jane of Falls Village, Connecticut, and Frank Martel of Ancram, New York; her sister, Susanna “Sue” Martel of Copake, New York; and three generation of nieces, nephews, great nieces and nephews and great-great nieces and nephews. In addition to her parents, Judy was predeceased by her brother, Leo W. Martel, Sr. of Poughkeepsie, New York, and her sister, Helen J. Slater of Hillsdale, New York; her sister-in-law, Karen Martel of Ancram and a special nephew, Jacob Stickle of Copake.
A visiting hour will take place on Wednesday, Sept. 10, 2025, from 2 p.m. to 3 p.m. at Faith Bible Chapel, 222 Silver Mountain Road, Millerton, New York 12546. A funeral service will be held at 3 p.m. Pastor William Mayhew will officiate. Burial will follow at Irondale Cemetery in Millerton, New York. A celebration of Judy’s life will be announced at a later date. Arrangements have been entrusted to the Scott D. Conklin Funeral Home, 37 Park Avenue, Millerton, New York 12546.
Memorial contributions may be made to Faith Bible Chapel, 222 Silver Mountain Road, Millerton, New York 12546 or American Cancer Society, 45 Reade Place, Poughkeepsie, New York 12601. To send an online condolence to the family, flowers to the service or to plant a tree in Judy’s memory, please visit www.conklinfuneralhome.com
AMESVILLE — Jeremy Dakin, 78, passed away Aug. 31, 2025, at Vassar Brothers Medical Center after a long battle with COPD and other ailments.
Jeremy was a dear friend to many, and a fixture of the Amesville community. There will be a service in his memory at Trinity Lime Rock Episcopal Church on Sept. 27 at 11 a.m.
Below is the obituary Jeremy himself wrote:
Born July 20, 1947, Pittsfield, Massachusetts.
A resident of Salisbury, Connecticut for over 75 years, he graduated from UVM in 1970, at which time he enlisted in the U.S. Army as a German translator (“It just seemed like a better idea than learning Vietnamese”), and served two years in West Berlin.
Returning to Vermont in 1973 he began a 16-year gig as a ski shop manager and a professional ski patroller, which led to a 30-year stint as an EMT.
A direct descendant of Rebecca Nurse (who was hanged as a witch in Salem in 1692), he is survived by a nephew, Robin Dakin, of Englewood, Ohio, his wife Amy, and a flock of grandnieces, all of whom seem to have inherited the family love of camping and canoeing.
The love of his life, Wren Smith, passed away in 2007 after a 10-year battle with breast cancer. By the time he was seventy, Jeremy’s physical activities were curtailed by COPD, due to a lifetime of smoking.
Rather than spend money on flowers, please consider a donation to the American Cancer Society and/or the American Lung Association. But, for Pete’s sake, don’t smoke.