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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`DOCKET NO.:KNL-CV21-6050586-S
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`DAVID RICHARDSON, ET AL.
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`VS.
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`ZONING BOARD OF APPEALS
`OF THE TOWN OF OLD LYME, ET AL.
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`SUPERIOR COURT
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`JUDICIAL DISTRICT OF NEW LONDON
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`AT NEW LONDON
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`:
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`NOVEMBER 24, 2021
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`RETURN OF RECORD
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`Pursuant to Practice Book § 14-7 B(a), the following is a certified list of papers in the
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`Record acted upon by the defendant, Old Lyme Zoning Board of Appeals (“Board”), and
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`constituting the subject matter of Application for Variances by co-defendants John Harney and
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`Margo Harney, owners to rebuild and expand the existing deck which is not structurally sound
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`on existing foundation elements at 86 Hillcrest Road, Old Lyme, Connecticut (“Property”):
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`1. Application to the Zoning Board of Appeals dated January 24, 2021 (Case No. 21-04) (7
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`pages), with the following attached:
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`a. Deck Framing Plan, by GNCB Consulting Engineers, P.C. dated October 26,
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`2020 (1 page);
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`b. Warranty Deed from John R. Galvin and Karen K. Galvin to John Harney and
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`Margo K. Harney, dated December 24, 2018 and recorded in the Old Lyme Land
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`Records Volume 426 Page 403 on December 28, 2018 (3 pages);
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`c. Property 2020 Vision assessor card, printed January 20, 2021 (2 pages);
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`d. Property 1990 assessor card (2 pages);
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`e. Property 1980 assessor card (2 pages);
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`1
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`f. Property 1970 assessor card (2 pages);
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`g. Property 1960 assessor card (2 pages);
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`h. 11 color photographs (5 pages) being:
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`i. Page 1, photograph 1 – aerial image of neighborhood with Property
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`circled;
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`ii. Page 1, photograph 2 – current image of the east/water side of the Property
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`from the water;
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`iii. Page 2, photograph 1 – image of west side of the Property hillside, with a
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`view of the existing deck;
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`iv. Page 2, photograph 2 – image of north side of the Property looking east
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`toward the water;
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`v. Page 2, photograph 3 - image of the north side of the Property looking
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`southeast, with view of the existing deck.
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`vi. Page 3, photograph 1 – image of deck;
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`vii. Page 3, photograph 2 – view from water - historical image of east/water
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`side of the Property from the water, from further north of Exhibit 1.h.ii.
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`viii. Page 4, photograph 1 – image of compromised existing deck structure
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`from under the deck
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`ix. Page 4, photograph 2 – image of compromised existing deck structure
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`from the steps on the south side of the deck;
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`2
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`x. Page 5, photograph 1 – image of north side of the Property looking east
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`toward the water, from closer to the water than Exhibit 1.h.iv;
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`xi. Page 5, photograph 2 – image of decking; and
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`i. Property Survey, by Annino Survey, LLC, dated June 4, 2018, 8.5” x 11” size.
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`j. Full size Property Survey, by Annino Survey, LLC, dated June 4, 2018, with red
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`annotations made during the Public Hearing on February 25, 2021 (to be provided
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`to court clerk).
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`2. Non-Conformity Report by Zoning Enforcement Officer, dated January 19, 2020.
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`3. Legal Notice for the Public Hearing to be held on February 18, 2021 published in The
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`New London Day Friday, February 5, 2021 and Friday, February 12, 2021.
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`4. Publisher’s Certificate of Legal Notice for the Public Hearing to be held on February 18,
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`2021.
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`5. Letter dated February 8, 2021 to Mr. and Mrs. John Harney notifying them of the Public
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`Hearing to be held on February 18, 2021.
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`6. Letter dated February 11, 2021 to Mr. and Mrs. John Harney notifying them of the Public
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`Hearing to be held on February 18, 2021.
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`7. Agenda for Public Hearing on February 18, 2021.
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`8. Certificate of Bulk Mailing certifying that notices were sent to abutters - 43 envelopes
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`sent February 5, 2021.
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`3
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`9. Notice of cancellation of Board Regular Meeting on February 18, 2021 due to inclement
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`weather and rescheduling for Special Meeting on February 25, 2021, and posting of
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`notice on Town website.
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`10. Revised Agenda for Public Hearing on February 25, 2021.
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`11. Printout of Revised Agenda and Notice of cancellation from the Town of Old Lyme
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`website.
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`12. Additional documents submitted to the Board prior to the February 25, 2021 Public
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`Hearing:
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`a. Letter in support by Karen Galvin of 46 Seaview Road, dated February 24, 2021;
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`b. Letter in support by Peter and Eileen Sullivan of 67 Seaview Road, dated
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`February 23, 2021;
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`c. Revised Letter in opposition by Dr. David Richardson of 72 Seaview Road, dated
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`February 24, 2021;
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`d. Letter in support by Dick Hrinak of 85 Hillcrest Rd, dated February 21, 2021;
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`e. Letter in opposition by John Carbone of 88-90 Hillcrest Rd, dated February 17,
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`2021;
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`f. Letter from Margo Harney to Kim Barrows, dated February 11, 2021;
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`g. Letter in support by Rich Ramondetta of 92-1 Hillcrest Rd, dated February 9,
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`2021;
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`h. Letter in support by John Galvin of 87 Hillcrest Rd, dated February 7, 2021;
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`i. Letter in support by Kathy Aldridge of 70 Seaview Road, dated February 3, 2021;
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`4
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`j. Point O’Woods Board of Govenors Meeting minutes, dated February 22, 2021.
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`13. Additional documents submitted to the Board at the February 25, 2021 Public Hearing
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`and marked as Exhibits:
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`a. Full size Property Survey, by Annino Survey, LLC, dated June 4, 2018 , with
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`highlighting made during the Public Hearing on February 25, 2021 (to be
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`provided to court clerk).
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`b. Large sheet showing six (6) photos (to be provided to court clerk):
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`i.
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`ii.
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`“View from Water – Historical”;
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` “View from Water – Current” showing “viewing bench”
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`iii.
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`Image from water showing five (5) properties:
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`i. 92 Hillcrest Rd Ramondetta
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`ii. 90 Hillcrest Rd Carbone
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`iii. 88 Hillcrest Rd Carbone
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`iv. 86 Hillcrest Rd
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`v. 72 Seaview Rd Richardson
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`iv.
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`v.
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`vi.
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` Aeriel image showing “viewing bench”
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` “View from POW ROW”
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` “View from POW ROW”
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`c. Large sheet showing six (6) photos (to be provided to court clerk).
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`vii.
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`“View from 86 Hillcrest Road Harney” also showing “90 Hillcrest Rd
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`Carbone”, “92 Hillcrest Rd Ramondetta” and “88 Hillcrest Rd Carbone”;
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`5
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`viii.
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`“View from POW right of way” also showing 90 Hillcrest Rd Carbone”, “92
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`Hillcrest Rd Ramondetta” and “88 Hillcrest Rd Carbone”;
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`ix.
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`x.
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`“View from 86 Hillcrest Rd Harney” showing 72 Seaview Road Richardson;
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`image of west side of the Property hillside, with a view of the existing deck;
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`(same as 1.H.iii);
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`xi.
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`image of north side of the Property looking east toward the water (same as
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`1.H.iv); and
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`xii.
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`image of deck (same as 1.H.vi).
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`d. Large sheet showing two drawings of deck and existing columns (to be provided
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`to court clerk).
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`e. Aerial view marked “Exhibit A” and submitted by John Carbone.
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`14. Minutes of the February 25, 2021 Board Meeting, including Public Hearing and
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`Deliberations.
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`15. Relevant portions of transcript of February 25, 2021 Public Hearing and deliberations.
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`16. Certified letter, and green card, dated March 11, 2021 to Mr. and Mrs. John Harney
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`notifying them of the decision of the Board at the Public Hearing on February 25, 2021,
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`with attached unsigned Notice of Variance Granted for Land Records.
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`17. Legal Notice of Decision of the Harney Care No 21-04, dated March 1, 2021.
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`18. Classified Advertising Proof for Legal Notice of Decision of the Harney Care No 21-04
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`published in The New London Day on March 1, 2021.
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`6
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`19. Applicable portions of the Old Lyme Zoning Regulations, including sections 8.8.8, 8.8.9,
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`8.8.11, 4.2.12, 9.3.1, and 21.
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`The above referenced documents in the Record are also available for inspection at the Old
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`Lyme Land use Office located at 52 Lyme Street, Old Lyme, Connecticut.
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`The Defendant,
`Zoning Board of Appeals of the
`Town of Old Lyme
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`By:__429443___________________
`Sylvia K. Rutkowska
`Dzialo, Pickett & Allen, P.C.
`Its Attorneys
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was delivered to all parties and counsel of
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`record on this date, namely:
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`Mark K. Ostrowski
`Pascal F. Naples
`Shipman & Goodwin LLP
`One Constitutional Plaza
`Hartford, CT 06103
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`Mark S. Shipman
`Shipman Shaiken & Schwefel LLC
`433 South Main Street
`Suite 319
`West Hartford, CT 06110
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`______/s/_429443__________________
`Sylvia K. Rutkowska
`Commissioner of the Superior Court
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` (860) 316-2741 • Fax (860) 316-2747 • JURIS NO. 017741
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`148 Broad Street • Middletown, CT 06457 •
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`DZIALO, PICKETT & ALLEN, P.C. •
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`7
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