TOWN OF GRANBY
ZONING BOARD OF APPEALS
MINUTES
September 21, 2010
Present: Wayne Chapple, William Percival, Kelly Rome, Judy Goff, and Ann Crimmins
Also Present: William Volovski, Zoning Enforcement Officer (ZEO) and Francis Armentano, Director of Community Development
Chairman Wayne Chapple convened the meeting at 7:30 p.m.
REGULAR MINUTES
ON A MOTION by W. Percival, seconded by K. Rome, the Board unanimously voted (5-0-0) to approve the minutes of the regular meeting of June 15, 2010 as presented.
Chairman Chapple explained the procedure of the meeting and noted to those in attendance that decisions would generally be mailed to the applicant within 10 days. Approval, when granted, shall be null and void if not filed within 90 days of the approval date.
DISCUSSION
Discussion of an appeal of the Zoning Enforcement Officer’s decision for property located at 47 East Granby Road began with Attorney Nicholas Cardwell, Hartford, CT appearing on behalf of the property owner Garrett Cardwell, 47 East Granby Road. He explained this appeal is based on a letter Garrett Cardwell received from William Volovski, ZEO dated July 9, 2010. He spoke about the letter of September 30, 2009 from Mr. Volovski saying that the riding of dirt bikes on the property at 47 East Granby Road was to cease immediately, citing the riding as a violation of the Zoning Regulations, specifically Section 1.3 and Section 1.0. Attorney Cardwell hoped to address this matter at this time.
At issue is the length of time that has passed from the date that the cease letter was sent to Mr. Cardwell, September 30, 2009 and the date of the appeal, August 12, 2010.
The Town’s Attorney, Donald Holtman, in a letter dated August 13, 2010 suggested that this is an untimely appeal and should be denied, as in accordance with State Statute such an appeal must be taken within 30 days of the notice to cease and desist.
Mr. Volovski commented that after his letter of September 30, 2009 was sent to Garrett Cardwell, he spoke with him and at that time explained that Mr. Cardwell could file an appeal to the ZBA.
Mr. Armentano referenced Attorney Holtman’s letter in regards to the timing of appeals.
Garrett Cardwell, 47 East Granby Road, addressed the Board saying he had spoken with the ZEO, but at no time was he told about the 30-day appeal process.
Mike Boutiette, 161 Notch Road spoke in regards to the specifics of the appeal. However, it was agreed that the focus of this meeting is limited to the timing of the appeal.
Chairman Chapple reiterated the rules of filing an appeal and said that it is up to the Board to determine if the appeal has been filed in a timely manner.
Attorney Cardwell suggested as a possible solution, that the ZEO rescind the cease order and the town develop an ordinance or a new section of the Zoning Regulations regarding the riding of dirt bikes. Mr. Armentano said that any citizen could prepare and submit such a regulation for the consideration of the Planning and Zoning Commission.
The Board discussed all the information among themselves. They viewed Mr. Volovski’s original letter dated September 30, 2009. The letter does not note the opportunity to appeal or the 30-day appeal period. The Board members thought it would have been more appropriate to note this in the letter. Following further discussion, the Board decided that the applicant should have the opportunity to be heard and agreed to schedule a public hearing on the appeal on October 19, 2010.
Mr. Armentano commented, for clarity, that the reason the Board is disregarding the 30-day appeal period is related to fact that the 30-day appeal period was not noted in the cease letter dated September 30, 2009.
Chairman Chapple stated that any cease and desist ruling issued by the ZEO should clearly note the appellate rights as a matter of good judgment.
The meeting adjourned at 8:13 p.m.
Respectfully submitted,
Susan Christian
Recording Secretary
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