RTM Holds Off Vote on Sunny Lane Discontinuance By Michael C. Juliano WESTPORT, June 6 — The Representative Town Meeting (RTM) moved to adjourn its Tuesday night meeting while discussing discontinuing Sunny Lane with regards to the Westport Weston Family Y's plan for a new facility at Camp Mahackeno. The motion to adjourn came from Michael Rea, an RTM member for District 8, a few minutes past midnight after the RTM spent almost 45 minutes debating whether or not to delay the decision to either June 17 or July 1. The RTM considered the delay because members and the public want to see documented proof that the Family Y bought property along Sunny Lane so that the Family Y could request the road's discontinuance. The issue of portions of Sunny Lane and a petitioned request to investigate information concerning an aquifer on the Family Y's property were posted as three separate items and will be addressed at the June 17 meeting. After Tuesday's meeting, RTM Moderator Hadley Rose said Robert's Rules of Order allow a motion to adjourn to "supercede" any other motion and may be called as long as no one has the floor. The Family Y wants the easterly and westerly legs of Sunny Lane -- both of which were mapped in 1924 but never built -- to be discontinued so that it may build an uninterrupted asphalt parking lot of about 250 spaces. The Family Y wants to move the westerly leg to the west to create room for the parking lot and turn it into a driveway for neighbors and then abandon the easterly leg so that it will not have to deal with 25-foot setback requirements for a road that does not exist. Larry Weisman, the Family Y's attorney, said the Family Y has bought land from the Fiorenzas and worked out an agreement with Countrywide Bank, which purchased land from the Loundsbury family, to have right-of-way to make room for the parking lot. "They (Countrywide Bank) don't have a problem with it," Weisman said. Weisman said the road itself was still owned by the estate of the late Alvin Austin, who thought he had given the roadway to Family Y when he donated some property to the organization in 1977. Weisman said Austin's three daughters are not interested in the property and will sign "quit-claim deeds" giving ownership of the road to the Family Y. "I'm simply asking you for the discontinuance of that road," he said. The Family Y has also obtained variances from the Zoning Board of Appeals for the 25-foot setback requirements if the RTM does not grant the discontinuances for Sunny Lane, Weisman said. The Planning and Zoning Commission (P&Z) has held a series of public hearings on the Family Y's plan since March 13 and the organization resubmitted its plan Monday to include the Sunny Lane issue. Despite the RTM's move to delay its decision, P&Z Chairman Ron Corwin said the commission still plans to finish the second public hearing on the application by July. "We hope to complete the public hearing within the month of June," he said. When asked after the meeting why the YMCA items were put at the end of the eight-item agenda, Rose said it was in an effort to prevent lawyers and town employees present for other issues from waiting around. Tom Feeley, a resident of Fairfield Avenue, said the Board of Selectmen should have not recommended an approval by the RTM at a recent meeting because, he said, the Fiorenzas were "begging" at the meeting to keep their property. Don Bergmann, a resident of Sherwood Drive, said the RTM should request a document from Countrywide Bank stating there is no issue with using the former Loundsbury property. Jonathan Cunitz, an RTM member for District 4, said he would like to see copies of the quit-claim deeds before abandoning Sunny Lane. "I don't know the mechanism for doing that, but with the quit-claim deeds, then the Y owns the property, and there wouldn't be any possible claim against the Y for it," he said. "They would have a reasonable right to seek abandonment." Steve Rubin, an RTM member for District 7, however, said Weisman, who has been a lawyer and resident in Westport for more than 40 years, can be taken at his word. "I'm sure we can make a decision tonight contingent upon receiving those written proofs," he said. Amy Ancel, an RTM member for District 3, said the Y does not own the road and ownership will be subject to an eight-month right of appeal. "They cannot proceed with the Y until they do get title to it," she said. Jack Klinge, an RTM member for District 7, said the RTM is "counting angels on pinheads" by asking for more and more verification of property ownership. "How far will it go and when do we say no mas?" he said. Weisman said he does not think the RTM's delay will cause a problem. "It's just a matter of me contacting the people who own the property," he said. In other business, the RTM approved an appropriation of $62,388 to the Police Vehicle Maintenance account to cover the increased cost of fuel, oil, tires and oil-related products. It also approved an appropriation of $1.4 million for a settlement of a claim relating to the renovation of Staples High School. Reprinted from the Westport News, June 6, 2008

RTM Holds Off Vote on Sunny Lane Discontinuance

By Michael C. Juliano

WESTPORT, June 6 — The Representative Town Meeting (RTM) moved to adjourn its Tuesday night meeting while discussing discontinuing Sunny Lane with regards to the Westport Weston Family Y's plan for a new facility at Camp Mahackeno.

The motion to adjourn came from Michael Rea, an RTM member for District 8, a few minutes past midnight after the RTM spent almost 45 minutes debating whether or not to delay the decision to either June 17 or July 1. The RTM considered the delay because members and the public want to see documented proof that the Family Y bought property along Sunny Lane so that the Family Y could request the road's discontinuance.

The issue of portions of Sunny Lane and a petitioned request to investigate information concerning an aquifer on the Family Y's property were posted as three separate items and will be addressed at the June 17 meeting.

After Tuesday's meeting, RTM Moderator Hadley Rose said Robert's Rules of Order allow a motion to adjourn to "supercede" any other motion and may be called as long as no one has the floor.

The Family Y wants the easterly and westerly legs of Sunny Lane -- both of which were mapped in 1924 but never built -- to be discontinued so that it may build an uninterrupted asphalt parking lot of about 250 spaces. The Family Y wants to move the westerly leg to the west to create room for the parking lot and turn it into a driveway for neighbors and then abandon the easterly leg so that it will not have to deal with 25-foot setback requirements for a road that does not exist.

Larry Weisman, the Family Y's attorney, said the Family Y has bought land from the Fiorenzas and worked out an agreement with Countrywide Bank, which purchased land from the Loundsbury family, to have right-of-way to make room for the parking lot.

"They (Countrywide Bank) don't have a problem with it," Weisman said.

Weisman said the road itself was still owned by the estate of the late Alvin Austin, who thought he had given the roadway to Family Y when he donated some property to the organization in 1977. Weisman said Austin's three daughters are not interested in the property and will sign "quit-claim deeds" giving ownership of the road to the Family Y.

"I'm simply asking you for the discontinuance of that road," he said.

The Family Y has also obtained variances from the Zoning Board of Appeals for the 25-foot setback requirements if the RTM does not grant the discontinuances for Sunny Lane, Weisman said.

The Planning and Zoning Commission (P&Z) has held a series of public hearings on the Family Y's plan since March 13 and the organization resubmitted its plan Monday to include the Sunny Lane issue.

Despite the RTM's move to delay its decision, P&Z Chairman Ron Corwin said the commission still plans to finish the second public hearing on the application by July.

"We hope to complete the public hearing within the month of June," he said.

When asked after the meeting why the YMCA items were put at the end of the eight-item agenda, Rose said it was in an effort to prevent lawyers and town employees present for other issues from waiting around.

Tom Feeley, a resident of Fairfield Avenue, said the Board of Selectmen should have not recommended an approval by the RTM at a recent meeting because, he said, the Fiorenzas were "begging" at the meeting to keep their property.

Don Bergmann, a resident of Sherwood Drive, said the RTM should request a document from Countrywide Bank stating there is no issue with using the former Loundsbury property.

Jonathan Cunitz, an RTM member for District 4, said he would like to see copies of the quit-claim deeds before abandoning Sunny Lane.

"I don't know the mechanism for doing that, but with the quit-claim deeds, then the Y owns the property, and there wouldn't be any possible claim against the Y for it," he said. "They would have a reasonable right to seek abandonment."

Steve Rubin, an RTM member for District 7, however, said Weisman, who has been a lawyer and resident in Westport for more than 40 years, can be taken at his word.

"I'm sure we can make a decision tonight contingent upon receiving those written proofs," he said.

Amy Ancel, an RTM member for District 3, said the Y does not own the road and ownership will be subject to an eight-month right of appeal.

"They cannot proceed with the Y until they do get title to it," she said.

Jack Klinge, an RTM member for District 7, said the RTM is "counting angels on pinheads" by asking for more and more verification of property ownership.

"How far will it go and when do we say no mas?" he said.

Weisman said he does not think the RTM's delay will cause a problem.

"It's just a matter of me contacting the people who own the property," he said.

In other business, the RTM approved an appropriation of $62,388 to the Police Vehicle Maintenance account to cover the increased cost of fuel, oil, tires and oil-related products. It also approved an appropriation of $1.4 million for a settlement of a claim relating to the renovation of Staples High School.

Reprinted from the Westport News, June 6, 2008