Reporting from Monday, June 2, 2008 :

Wilzig Storage Building Litigation

From the June 2 Regular Meeting of the Town Council (TC)

Councilperson Edwards noted that while the Supreme Court had dismissed the Granger Group’s Article 78 petition, she thought the decision should be discussed because it was “quite damaging to the town.” She recommended reviewing it with a view to determining whether FOIL procedures were being followed, whether the ZBA was complying with requirements for holding public hearings and whether the ZEO is following the proper permitting procedures.  Councilperson Skoda said he could sum all of that up: that the “…ZBA got rid of that attorney and got Rob [Fitzsimmons] back in the seat.” Skoda said “…if there was a problem with that procedure, it was because (they) were ill-advised.” Ms. Edwards replied that “…at that meeting, there were people who weren’t listening to that attorney.” Mr. Skoda said they were to first decide whether to hear the appeal; if the appeal wasn’t timely, there was no need for a public hearing.  He said he thought that advice came from the attorney and that, so as far as he was concerned, they were following procedure.

[Note: the minutes of the ZBA meeting show that the lawyer advised the ZBA to decide whether the appeal was too late before addressing the merits of the storage building itself, but at no point did he advise that a public hearing was not required.  Besides, moving beyond the issue of the failure to hold the required public hearing, the judge went on to find that the ZBA was in error when it found the Granger Group’s appeal to the ZBA to be too late; that the decision of the ZBA was “arbitrary and capricious” and “lacking a substantial basis in the record.” The determination of the ZEO that the “final” permit for the entire building was issued on the date the plans for the foundation were approved, which the ZBA upheld, was found by the judge to defy “logic and case law.”]

Ms. Edwards then reported that she understood Mr. Wilzig’s appeal of the ZBA’s earlier decision (finding that a racetrack and associated structures for the storage of motorcycles, etc. was not a customary accessory use to a single family residence) had been dismissed in April.  She asked about enforcement of the ZEO’s July 2006 Order to Remedy.  The ZEO said the track was in before the Order to Remedy was issued and he can’t make them remove it.  He said “It’s not being used as a track right now so it’s not a track.”

Reporting from Monday, April 7, 2008 :

Wilzig Litigation Status

From the April 7 Regular Meeting of the Town Council (TC)

Town Attorney Rob Fitzsimmons and the chair of the ZBA reported they had received no new information from the attorneys representing the town on these matters. The town attorney will contact them to request updates.