Ocean View residents voice frustration about notifications

Date Published: 
December 30, 2011

The residents of Foxwood in Ocean View recently voiced their frustration with the town’s lack of notification to their development regarding the 2010 Comprehensive Land Use Plan (CLUP).

The Planning and Zoning Commission held a public hearing to review an ordinance to repeal and reenact a zoning map, as part of the CLUP.

“We object to being denied personal notice of the hearings conducted by the Planning and Zoning Board and the town council in 2010, when the 2010 CLUP was being debated and adopted,” read Jim Fosina from a letter addressed to the commission, as well as council. “We were, effectively and unfairly, denied the opportunity to participate in a decision-making process that will have far reaching effects on our property values.”

Fascina, who is a Connecticut resident, said that the town has his contact information on file and that he has received a notification previously, regarding a neighbor requesting a variance for a swimming pool.

“My point is that, I think we have a little discrepancy here in proper notice… I can definitively state that I was not notified.”

“We obviously don’t feel like we had the opportunity to participate in the process fully,” added Foxwood resident Joe Capone. “We’re late to the table, it’s not our fault that we’re late to the table. We ask that you all call some sort of a time out and allow us the chance to go back and represent our views.”

Town Solicitor Dennis Schrader said that he agreed that no one had been notified regarding the CLUP discussions, as it is not required by the town or state law.

“If you take a look at the Ocean View Web page, the agendas of each meeting are posted in advance as they are posted on the public bulletin board outside and they describe whatever is being heard that particular evening. Matters that relate to the adoption of ordinances are given public hearings and are heard first on each agenda,” stated Schrader.

Foxwood residents also stated they oppose the rezoning of the “Archut property,” adjacent to their development, from residential to commercial.

“I find it unfathomable that in this day and age that the easy dissemination of information, that they did not receive any sort of letter,” said Foxwood resident Stephan Parico. “When I went to purchase my property last August in that development, knowing that that field was there, I asked what it was zoned. I was told it was zoned residential... Had it been zoned commercial, I would not have acquired the property.”

Foxwood residents also voiced their opposition to the rezoning of a storm water pond and tax ditch in the development as open spaces.

“Both are located on our private property,” said Fosina. “Our HOA maintains both parcels, not the town of Ocean View. The pond is aerated in the summer. We pay electric bills. We mow the grass on the parcel adjacent to the tax ditch.”

Woodland Avenue resident Jack Taylor said that 10 private homes on his street that have been reclassified as commercial properties, as well as a few vacant lots. He suggested that the properties be re-designated as residential or mixed residential and commercial.

“Whether there’s a legal obligation or not, there is an obligation to notify the people involved,” he added.

Shrader pointed out to the commission that recommendation of the Planning and Zoning Commission is not binding on the town council. He added that by state law, requires the amending of the CLUP within 18 months of its adoption, on July 13, 2012.

“I see essentially a piece of private property being designated as an open space,” said board member Walter Curran. “Unless the wording I’m seeing here today isn’t complete and exact and the actual designation of open spaces encompasses the fact that it is a storm management system and is not conflicting with that, I would suggest that we listen to their recommendation and postpone… until some time when we get some clarification to that item.”

The Planning and Zoning Commission deferred their vote and will hold a special meeting on Jan. 5, at 7 p.m. at town hall.