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Home My WebLink About01222014_ZBA_TRANSCRIPT Appeal No. 213 ZBA-2 JANUARY 22, 2014 7:00 p.m. REGULAR MEETING TOWN OF MONTVILLE ZONING BOARD OF APPEALS Montville Town Hall 310 Norwich-New London Turnpike Uncasville, CT 06382 PRESENT: Zoning Board of Appeals John MacNeil, Chairperson Douglas Adams, Regular Member Joe Aquitante, III, Regular Member Ellen Lakowsky, Regular Member Wills Pike, Regular Member (not seated) Carl Freeman, Seated Alternate Member Attorney Jon Chase, representing Paul E. Chase Attorney Harry Heller, representing Green Falls Associates, LLC Thomas Sanders, Zoning Enforcement Officer (ZEO), Town of Montville Agnes Miyuki, Recording Secretary Paul E. Chase, Appellant v. Green Falls Associates LLC for property located at: 310 Cherry Lane, Oakdale, Montville, CT (Assessor’s map 53, lot 3) CERTIFICATION OF RECORD This is to certify that the foregoing is true and correct transcript from the electronic sound recording of the Regular Meeting of the Town of Montville Zoning Board of Appeals on Wednesday, January 22, 2014. 25 July 2014 Date Agnes T. Miyuki Minutes Clerk Town of Montville Chairman John MacNeil: I, hereby, call the, uh, Montville Zoning Board of Appeals 1 to order, uh, January 22nd, uh, Special Meeting at 7:02 p.m. 2 Um, could I, uh, ask for a roll call, please. 3 Board Member Doug Adams: Doug Adams, here. Joe Aquitante. 4 Board Member Joe Aquitante: Here. 5 Board Member Adams: Did I say that right? 6 Board Member Aquitante: Aquitante. 7 Board Member Adams: I’m sorry. 8 Chairman MacNeil: Aqua, like aquanaut, but just add ‘tanté’. 9 Board Member Adams: Ellen Lakowsky. 10 Board Member Lakowsky: Here. 11 Board Member Adams: John MacNeil. 12 Chairman MacNeil: Here. 13 Board Member Adams: Wills Pike. 14 Board Member Pike: Here. 15 Board Member Adams: Carl Freeman. 16 Board Member Freeman: Here. 17 Board Member Adams: Seated. And, that would be it, right? 18 Chairman MacNeil: That’s it. Um, we are holding a special meeting so that 19 everybody could be here because of vacation so that we 20 could get to, um, old business. Item A: Paul E. Chase 21 213ZBA-2: An application for an appeal of the decision of 22 the ZEO for the issuance of a Zoning Permit to G-, Green 23 Falls Associates, LLC, for a three-bedroom home on 24 property located at 310 Cherry Lane, Oakdale, Montville, 25 Connecticut as shown on Assessor’s Map 53, Lot 3. Um, 26 as you recall, um, we, there was a lot of testimony and, um, 27 I asked a question, um, to our attorney and he said, um, to 28 let him catch his breath and review the information 29 submitted and, um, so, in any event, um, he did that. He 30 drafted a motion and I have it in front of us and, um, at that, 31 I think the consensus was that we were going to wait for 32 him to, um, digest it and get back to us. He did. Um, and, 33 to refresh your memory, when I, when we started the 34 discussion, um, I, I specifically stated that I thought there 35 was, um, there should be a petition from the application to, 36 we had to get past whether or not the application should 37 have been, was, was, was filed in time. Having said that, 38 um, he drafted a motion, um, and I’ll read it, and then we 39 will have discussion, okay? Um, and I’ll also pass this 40 motion out.…Um, by the way, um, Carl is seated tonight, 41 um, for a voting member, as an alternate. 42 Board Member Freeman: (inaudible) 43 Chairman MacNeil: What do you need, Carl? 44 Board Member Freeman: (inaudible) 45 Chairman MacNeil: Oh yeah, I missed one thing. I want to introduce a new 46 member tonight, who’s not going to be voting on this. 47 Wills Pike. We want to welcome him aboard. 48 Unknown Board Member: Welcome. 49 Board Member Freeman: Good Evening, Wills. 50 Board Member Pike: Thank you. 51 Chairman MacNeil: Okay, um, I move that the Application, slash, Appeal 52 213ZBA-1 be denied because the Board does not have 53 subject matter jurisdiction over the application and/or 54 appeal, and over the Amended Appeal and for, um, CGS 55 22A19 Petition by Jo-, Joanna, Johanna – 56 Board Member Freeman: Johanna. 57 Chairman MacNeil: -- Johanna V. Chase, each of which was filed on January 8, 58 2014, for any or all of the following reasons: 59 a. The application/appeal was not timely filed. The 60 zoning certification from which the application/appeal, 61 um, it’s a forward slash appeal, was taken, was granted 62 on February 6, 2012 and the reciprient (sic) of the 63 certification published notice of the granting of the 64 certification in a newspaper having a substantial 65 circulation in the Town of Montville, The Montville 66 Times, on March 8, 2012. The public no-, the published 67 notice compiled with the requirements of CGS 8-3(f). 68 Per CGS 8-7, in the application, forward slash, appeal 69 had to have been filed within 30 days of the publication 70 by April 7, 2012. It was not filed, i-, uh, it was not. It 71 was filed August 23, 2013. Um, the appeal was filed 72 more than 30 days after the applica-, applicant had 73 actual or constructive notice of the zoning 74 certifica-, uh, certification against which the 75 application-slash-appeal was filed. 76 b. The application-forward slash-appeal failed to satisfy 77 the requirement of CGS 8-7 that it specify the grounds 78 for appeal, and 79 c. The property owner was not given notice of the hearing. 80 Um, okay, that’s the motion I’ve made, is there a second? 81 Board Member Freeman: May I make one comment, sir? Um, recipient is in the third 82 line of (a), you may have pronounced it differently. 83 Chairman MacNeil: What did I say? 84 Board Member Freeman: I forgot. 85 Chairman MacNeil: Okay, recipri-, a-, anyway – 86 Board Member Freeman: Recipient. 87 Chairman MacNeil: Okay, I said, okay. Okay, I stand corrected. 88 Board Member Adams: I second the motion. 89 Chairman MacNeil: Okay, um, there’s a discussion. Time for a discussion. So, 90 um, it looks like Mr. Carey, um, rather than talk about 91 anything else that came up that meeting, we’re trying to get 92 past whether or not we should even be hearing the 93 application, if it was filed in a, a timely fashion and, um, 94 it’s his opinion that it was not, so that’s why this motion 95 reads as it, as it does. Does anybody have any-? 96 Board Member Freeman: The only comment I want to make is last time, uh, I just felt 97 we should have waited for our attorney’s opinion and that’s 98 where I was then. 99 Chairman MacNeil: Okay. And, you’re, this is his opinion at this time to go 100 with this route. 101 Board Member Adams: So, if we go with his opinion, then, we’re all done. 102 Chairman MacNeil: Tha-, at this point, yes, correct. We have to get past this, 103 we have to get past whether or not we can hear anything 104 else. If it, if it doesn’t qualify, the rest of it, at this point, is 105 moot. 106 Board Member Adams: So, in your opinion, do we accept this? Is that what we’re 107 doing. 108 Chairman MacNeil: My opinion. I made the motion because I concur with it 109 and that’s what I, I would have, probably, went and it 110 wouldn’t have been said so well last meeting, but, um, he 111 made a recommendation for us to hold this special hearing, 112 this special meeting, um, so that he could have time to 113 think it through. He did and here it is. 114 Board Member Freeman: I make a motion that we -- 115 Chairman MacNeil: The motion of, okay, so you’re, discussion. Do you have 116 any more questions? 117 Board Member Freeman: I’m done. 118 Board Member Adams: I don’t think there’s anything more to discuss. I think that 119 this is the attorney’s (inaudible). Then, there’s no need to 120 discuss anything. 121 Chairman MacNeil: Okay. 122 Unknown Board Member: Nothing. Nothing down this way. 123 Board Member Adams: And there’s no reason to add fuel to whatever. 124 Chairman MacNeil: Okay, so there was a motion on the floor and a second to 125 deny, uh, the application. Um, could I have a roll call vote, 126 please? 127 Board Member Adams: Thank you. (inaudible) 128 Chairman MacNeil: Oh, he’s the roll caller? 129 Board Member Freeman: What does what mean, John? 130 Chairman MacNeil: Right. An aye means you’re going to, uh, agree with it 131 being denied. 132 Board Member Adams: Okay. Give me a second. I didn’t realize we were going to 133 be -- 134 Chairman MacNeil: It’s alright, it’s alright. Relax. 135 Board Member Adams: Alright. Doug Adams. Aye. Joe Aqui- 136 Board Member Aquitante: Aquitante. 137 Chairman MacNeil: Aquitante. 138 Board Member Aquitante: Aye. 139 Board Member Adams: Ellen Lakowsky. 140 Board Member Lakowsky: Aye. 141 Board Member Adams: John MacNeil. 142 Chairman MacNeil: Aye. 143 Board Member Adams: Carl Freeman. 144 Board Member Freeman: Aye. 145 Chairman MacNeil: Motion carries. Okay, um, here’s a copy of the motion for 146 the, uh, record. Um, minutes. I have received the minutes 147 tonight, but I haven’t had time to review them and I’d like 148 to hold that off until the next meeting. Is there a second? 149 Board Member Adams: Second. 150 Chairman MacNeil: Is there any communications, Tom? 151 ZEO Sanders: No, sir. 152 Chairman MaNeil: Okay, I’d like to make a mo-, is there anything else? I’d 153 like to make a motion to adjourn, is there a second? 154 Board Member Adams: Second. 155 Chairman MacNeil: Motion made and a second. All in favor? 156 Board Members: Aye. 157 Chairman MacNeil: So moved. 158