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Home My WebLink AboutFOR POSTING ZBA Meeting Minutes 1 22 2014 IPM.Note FOR POSTING: ZBA Meeting Minutes, 1/22/2014 Judy La Rose Agnes Miyuki Judy La Rose EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=96B068DA0A2847B6995DC3C031DFAD8D-AGNES MIYUK FOR POSTING: ZBA Meeting Minutes, 1/22/2014 EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=MONTVILLECT.ONMICROSOFT.COM-55785-JLAROSE@MONTVILLE-CT.ORG567 EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=MONTVILLECT.ONMICROSOFT.COM-55785-JLAROSE@MONTVILLE-CT.ORG567 Received: from BLUPR04MB737.namprd04.prod.outlook.com (10.141.207.17) by CO2PR04MB746.namprd04.prod.outlook.com (10.141.228.144) with Microsoft SMTP Server (TLS) id 15.0.859.15 via Mailbox Transport; Thu, 23 Jan 2014 18:10:41 +0000 Received: from CO1PR04MB524.namprd04.prod.outlook.com (10.141.71.154) by BLUPR04MB737.namprd04.prod.outlook.com (10.141.207.17) with Microsoft SMTP Server (TLS) id 15.0.851.15; Thu, 23 Jan 2014 18:10:39 +0000 Received: from CO1PR04MB572.namprd04.prod.outlook.com (10.141.73.19) by CO1PR04MB524.namprd04.prod.outlook.com (10.141.71.154) with Microsoft SMTP Server (TLS) id 15.0.851.15; Thu, 23 Jan 2014 18:10:37 +0000 Received: from CO1PR04MB572.namprd04.prod.outlook.com ([169.254.8.230]) by CO1PR04MB572.namprd04.prod.outlook.com ([169.254.8.40]) with mapi id 15.00.0851.011; Thu, 23 Jan 2014 18:10:37 +0000 Content-Type: application/ms-tnef; name="winmail.dat" Content-Transfer-Encoding: binary From: Agnes Miyuki <AMiyuki@montville-ct.org> To: webmaster <webmaster@montville-ct.org>, Town Clerk <townclerk@montville-ct.org> CC: "Thomas E. Sanders" <TSanders@montville-ct.org>, Judy La Rose <JLaRose@montville-ct.org> Subject: FOR POSTING: ZBA Meeting Minutes, 1/22/2014 Thread-Topic: FOR POSTING: ZBA Meeting Minutes, 1/22/2014 Thread-Index: AQHPGGZIWa2Q2XQa9UuT5r1jS3GiJQ== Date: Thu, 23 Jan 2014 18:10:36 +0000 Message-ID: <fd086fcb6d794100a583a96658f1b832@CO1PR04MB572.namprd04.prod.outlook.com> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: yes X-MS-Exchange-Organization-SCL: -1 X-MS-TNEF-Correlator: <fd086fcb6d794100a583a96658f1b832@CO1PR04MB572.namprd04.prod.outlook.com> MIME-Version: 1.0 X-MS-Exchange-Organization-MessageDirectionality: Originating X-MS-Exchange-Organization-AuthSource: CO1PR04MB572.namprd04.prod.outlook.com X-MS-Exchange-Organization-AuthAs: Internal X-MS-Exchange-Organization-AuthMechanism: 04 X-Originating-IP: [108.249.29.127] X-MS-Exchange-Organization-Network-Message-Id: c1f202ca-cbda-4a79-33de-08d0e67d8d15 Return-Path: AMiyuki@montville-ct.org X-MS-Exchange-Organization-AVStamp-Service: 1.0 X-Forefront-Antispam-Report: SFV:SKI;SFS:;DIR:INB;SFP:;SCL:-1;SRVR:CO1PR04MB524;H:CO1PR04MB572.namprd04.prod.outlook.com;CLIP:108.249.29.127;FPR:;LANG:en;;SKIP:1; Agnes Miyuki EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=96B068DA0A2847B6995DC3C031DFAD8D-AGNES MIYUK Thomas E. Sanders; Judy La Rose webmaster; Town Clerk Green Falls FOR POSTING: ZBA Meeting Minutes, 1/22/2014 Hello again, PDF and Word documents for the ZBA Meeting Minutes from Wednesday, January 22, 2014 attached and ready for posting. Thanks! Agnes <fd086fcb6d794100a583a96658f1b832@CO1PR04MB572.namprd04.prod.outlook.com> Planning Department EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=428AB33DE1E14E3F9953E0C66D7FF286-PLANNING DE EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=428AB33DE1E14E3F9953E0C66D7FF286-PLANNING DE Agnes Miyuki Agnes Miyuki MONTVILLECT.ONMICROSOFT.COM-55785-JLAROSE@MONTVILLE-CT.ORG567 MONTVILLECT.ONMICROSOFT.COM-55785-JLAROSE@MONTVILLE-CT.ORG567 Planning Department Planning Department AMiyuki@montville-ct.org AMiyuki@montville-ct.org BT=0;II=0101CF18664859AD90D9741AF54B93E6BD634B71A225;FIXUP=1.5106;Version=Version 15.0 (Build 859.0), Stage=H4 en en-US Internal CO1PR04MB572.namprd04.prod.outlook.com SFV:SKI;SFS:;DIR:INB;SFP:;SCL:-1;SRVR:CO1PR04MB524;H:CO1PR04MB572.namprd04.prod.outlook.com;CLIP:108.249.29.127;FPR:;LANG:en;;SKIP:1; [108.249.29.127] 04 SV=15.00.0859.000;CT=1/23/2014 6:10:41 PM;ODF=Inbox;MAB=<null>;TTC=11;SN=CO2PR04MB746;MV=<null>;CPMC=0;PA=<null>;TI=<null>;PAT=<null>;CVBOR=<null>;CVAOR=<null>;FVW=<null> webmaster EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=MONTVILLECT.onmicrosoft.com-55785-webmaster@montville-ct.org181 webmaster@montville-ct.org webmaster Town Clerk EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=66019a3ed7d54c6c8ecd322f6d1e6a7b-Town Clerk townclerk@montville-ct.org Town Clerk Thomas E. Sanders EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=MONTVILLECT.onmicrosoft.com-55785-TSanders@montville-ct.org594 TSanders@montville-ct.org Thomas E. Sanders Judy La Rose EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=MONTVILLECT.onmicrosoft.com-55785-JLaRose@montville-ct.org567 JLaRose@montville-ct.org Judy La Rose 01222014_ZBA_Regular Meeting Minutes.docTown of Montville Zoning Board of Appeals Regular Meeting Minutes for Wednesday, January 22, 2014 7:00 p.m. – Town Council Chambers – Town Hall Call to Order Chairman MacNeil called the Special Meeting of the Zoning Board of Appeals meeting to order at 7:02 p.m. Roll Call Present were Board Members Adams, Aquitante, Lakowsky, MacNeil, Pike, alternate Freeman. Absent was alternate Wittkofske. Also present was Assistant Town Planner/Zoning Enforcement Officer Tom Sanders. Public Hearings Old Business Paul E. Chase 213-ZBA-2: An application for an appeal of the decision of the Zoning Enforcement Officer for the issuance of a Zoning Permit to Green Falls Associates, LLC for a three-bedroom home on the property located at 310 Cherry Lane, (Oakdale) Montville, CT. As shown on Assessor’s Map 53 Lot 3. Chairman MacNeil introduced and welcomed new Board Member Wills Pike, who will not be voting this evening, to the Zoning Board of Appeals and stated that alternate Member Freeman is seated this evening as a voting member. Chairman MacNeil stated that after listening to much testimony during the last two meetings, it was decided that a Special Meeting be scheduled providing the Town Attorney with sufficient time to review the submitted information and draft a motion prior to the Board making a final decision on the appeal. He also provided a review of the previous meeting’s discussion in which he proposed that the issue of whether the application for appeal was filed in a timely manner be resolved prior to proceeding with any additional discussion regarding the submitted material. In accordance with the opinion of the Town Attorney, a motion was made by Chairman MacNeil, seconded by Board Member Adams, to deny the application/appeal because the Board does not have subject matter jurisdiction over the Application/Appeal, and over the “Amended Appeal” and the C.G.S.§22-a-19 Petition by Johanna V. Chase, each of which was filed on January 8, 2014, for any or all of the following reasons: The Application/Appeal was not timely filed. The zoning certification from which the Application/Appeal was taken was granted on February 6, 2012 and the recipient of the certification published notice of the granting of the certification in a newspaper having a substantial circulation in the Town of Montville, “The Montville Times”, on March 8, 2012. The published notice complied with the requirements of C.G.S. §8-7, the Application/Appeal had to have been filed within thirty days of the publication, i.e., by April 7, 2012. It was not. It was filed on August 23, 2013. The appeal was filed more than thirty days after the applicant had actual or constructive notice of the zoning certification against which the Applicant/Appeal was filed. The Application /Appeal failed to satisfy the requirement of C.G.S. §8-7 that it specify the grounds for the appeal. The property owner was not given notice of the hearing. Discussion: Board Member Freeman expressed that he felt, during the last meeting, that the Board should wait for the Town Attorney’s opinion prior to the Board making any final decision on the appeal. Roll call vote, 5-0, all in favor. Voting in Favor: Board Members Adams, Aquitante, Lakowsky, MacNeil, and Freeman. Voting in Opposition: None. Motion carried. Minutes Acceptance of the minutes from the Regular Meeting of January 8, 2014. Motion made by Chairman MacNeil, seconded by Board Member Freeman, to hold the acceptance of the minutes until the next scheduled meeting. Discussion: None. Voice vote, 5-0, all in favor. Motion carried. Communications — none. Other Business and Applications to come before the Zoning Board of Appeals — none. Adjournment Motion made by Board Member MacNeil, seconded by Board Member Adams, to adjourn the meeting at 7:09 p.m. Discussion: None. Voice vote, 5-0, all in favor. Meeting adjourned. Respectfully Submitted by: Agnes Miyuki, Recording Secretary for the Town of Montville AN AUDIO RECORD OF THE MEETING IS ON FILE IN THE MONTVILLE TOWN CLERK’S OFFICE 2 | Page Town Council Regular Meeting Agenda December 10, 2012 2 | Page Zoning Board of Appeals Regular Meeting Minutes Wednesday, January 22, 2014 .doc 012220~1.doc 01222014_ZBA_Regular Meeting Minutes.doc application/msword EnUs 01222014_ZBA_Regular Meeting Minutes.pdf