The following is a Letter to the Editor submitted by Lori Mazzola on behalf of Ridgefield Voters United.
Dear First Selectman Marconi and Town Attorney Grogins,
The recent demolition of a historic structure resonates with many Ridgefielders. On Saturday, September 25, 2021, a home and barn #8 & #10 New Street were demolished without a permit, in violation of Ridgefield Town Code, Section 136-2 (Demolition Ordinance).
This ordinance requires that a permit be obtained from the Town Building Department, and mandates that procedures be followed before the permit is issued in order to protect historical structures from demolition. The owner of the property, CV Building Concepts Inc. (“CV”), did not have permission from the Town Building Department to commence demolition work. Rather, CV had applied for the relevant permit on or about August 13-15, 2021, and the municipal review process remained underway when demolition occurred.
CV clearly moved forward on this demolition without a permit. Despite this egregious error, the destruction of an historical structure at #8 New Street on September 25, 2021, could have been avoided, or at the very least delayed on firm legal grounds. Several procedural errors or omissions warrant investigation by the First Selectman and Board Of Selectmen.
Why did Planning and Zoning fail to raise a concern regarding the prospect of demolition in the absence of a permit? Why was no referral made to Ridgefield Historical Society and others at that time? Further, the files of the Building Department clearly demonstrate that the application CV submitted on August 13-15, 2021 did not conform with the plain language required by the Town Code.
Notice of impending demolition of any structure must be mailed registered or certified mail to adjoining property owners, the Ridgefield Historic District, Ridgefield Historical Society, the Town Clerk, and “... a copy of the letter, postal receipt and return receipt must be presented with the application (Town Code, Section 136-2, B, 8-11). In this matter, the application that CV submitted contained no return receipt. Therefore CV failed to complete and issue proper notice at the time of its application. Why did the Building Department fail to reject the application immediately upon receipt?
Guidelines in the 2020 Plan of Conservation and Development (POCD) highlight the importance of passing a Demolition Delay Ordinance. Precisely such an ordinance was unanimously approved by the Board of Selectmen and Planning and Zoning Commission, voted on unanimously by residents during a special town meeting held March 4, 2020, and took effect March 4, 2020. Under Chapter 136, the Demolition Delay Ordinance mandates that a 90-day delay applies to any structure “built before 1950 or is otherwise historically, architecturally or culturally significant.” The POCD confirms that the majority of Ridgefield residents consider “... identification and preservation of historic and archaeological resources and discourage the demolition or destruction of historic resources” among their highest priorities.
The Demolition Ordinance enables the Ridgefield Historical Society to submit a binding written objection to the demolition of a structure, triggering a 90-day delay from the date an objection is received via certified mail for the issuance of a demolition permit.
The Ridgefield Historical Society issued a written letter of objection to the demolition of #8 New Street based on historical importance.
On September 21, 2021, they sent a certified letter to CV Building Concepts, Inc., along with certified copies to Chair Rebecca Mucchetti, Director Richard Baldelli, the Architectural Advisory Committee, and the Building Department. The Building Department confirmed in writing on October 13, 2021, that they received this letter on September 23, 2021. The Building Department copy was in fact scanned into the town files on September 23, 2021, and therefore is in the public record.
Consistent with this timeline, the certified mail tracking number on the letter of September 21, 2021, provides verification that it was “delivered” to the Planning and Zoning Commission on September 23, 2021. The office was open and active from September 21, 2021, through September 24, 2021.
More troubling, the Planning and Zoning office was called on October 13, 2021, Office Administrator Aarti Paranjape initially could not confirm whether the letter was received. She reported an hour later at 2:54 p.m., “It was never received.” This is consistent with the Planning and Zoning Commission meeting on October 12, 2021, when Commissioner Susan Consentino attempted to raise the topic of the demolition as an agenda item. While the POCD itself was “...overseen and coordinated by the Planning and Zoning Commission'' prior to approval on June 15, 2020, the Chair and Planning Director jointly refused to accept a motion to discuss the topic.
Further, as of October 12, 2021, the letter had been posted for weeks yet neither Chair Mucchetti nor Director Baldelli forwarded or disclosed the existence of this letter to the full Planning & Zoning Commission.
(1) Why did a chief building official fail to act under Sec 136-4 or 136-5?
(2) Why did the Chair and Director both fail to recognize the issue or take any action, in accordance with their general responsibilities under the POCD?
How can the elected leaders of our Planning and Zoning Commission, sworn to act on behalf of Ridgefield, actively undermine our clearly defined priorities, relying on avoidance and dishonesty?
[1] By way of background, on April 13, 2021: P&Z approved a “Special Permit for Accessway” (SP-21-6) for #8-10 New Street, and there was never an approval for demolition of existing structures. The hearing focused on a request to create an easement or driveway. August 13-15, 2021: CV “demo package” to Ridgefield Building Department. Please note: The package did not contain return receipts for the notices to adjoining property owners, Historic District Commission, Ridgefield Historical Society, and Town Clerk. Return receipts are expressly required under Town Code (Sec 136-4, B, 8-11).
On September 21, 2021, Ridgefield Historical Society issued a letter to CV, expressing no objection to demolition of #10 New Street - while objecting to demolition of #8 New Street and would like to discuss alternatives. Letter appears to have been intentionally ignored, then P&Z denied receipt. On September 25, 2021, CV demolished both #8 and #10.
Ridgefield Voters United
The views and opinions expressed above are those of the author and do not necessarily reflect the views of HamletHub
The views and opinions expressed above are those of the author and do not necessarily reflect the views of HamletHub
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