POA Special Executive Board Meeting Minutes

MINUTES OF A SPECIAL MEETING OF
THE EXECUTIVE BOARD OF THE PINE ORCHARD ASSOCIATION
MONDAY, APRIL 10, 2023, AT 7:00 PM
Conducted via Zoom application

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1) Call to order. The meeting was called to order by President Vincent Giordano at 7:02 p.m.
2) Roll Call Board members present: Vincent Giordano, Mark Law John Grathwol, Peggy Haering, Niall Ferguson, David Scheer, Matt Barez, Bruce Calderone, Peg Taylor, and David Silverstone Absent: Curtis O’Connor, and Seth Hershman.
3) Kayak Storage. Vin Girodano asked Mark Law to summarize the discussion of the prior meeting’s review of a request to store kayaks at the end of Island View Avenue. Mark said that due to traffic concerns and considerations about flooding, there was no real momentum to proceed with that plan. Vin said that he had received a letter from Feldman, Perlstein & Greene to the effect that its clients, who live adjacent to the beach access point, strongly oppose the storage of kayaks on Island View Avenue and fear that it would create a nuisance. Vin read his response to the attorney’s letter. Vin said that the best place for accessing the water with a kayak was town-owned property near the Pine Orchard Club; however, there is no obvious place for storage of kayaks there.
4) Discussion of need for seawall repair at Island View beach access point. Vin reported that the seawall at the end of Island View Avenue has been deteriorating for years. Josh Brooks, who has been conducting repairs says that one portion of the seawall is beyond repair. Vin has received estimates for carrying out the work needed. The proposal is to install rebar and to encapsulate the portion of the seawall that has failed. The estimate for the work is $28,000. The proposed contractor is Gary Lyon, who is available to do the work now. No DEEP approval required as long as we stay within the confines of the existing wall. Bruce Calderone commented that the price seems good, but he wanted to know about the longevity of the repair. Josh Brooks said that the repair would outlive him. Vin thinks the proposal is solid. John Grathwol said that the shoreline maintenance budget about $14,000 remaining. He said that the
addition to the budget for legal fees required the expenditure of about f $30,000 from the Association’s savings. Niall Ferguson stated that the seawall repair not an anticipated expense and that the Association needs savings for this very purpose. Vin believes the contractor will stand up to his work. Encapsulation is a new process, and this seems like a workable solution. Mark Law (seconded by David Silverstone) made a motion to spend up to $30,000 to authorize this repair. The motion carried unanimously.
5) Short Term Rentals. Peter Berdon, the Association’s counsel, recited the history of the litigation involving Francis Wihbey’s property at 3 Crescent Bluff Avenue. He has been using the property as a short term rental, which has generated numerous complaints. The Zoning Enforcement Officer issued a cease and desist order, which Wihbey appealed to the ZBA, claiming that he had a valid non-conforming use. The ZBA ruled against him, and Wihbey appealed to the Superior Court. That court found for Wihbey, and the Association and intervenors, Michal Hopkins and Jacqueline Wolff, who live next to the Wihbey property, appealed. The Appellate Court recently upheld the trial court’s decision that the use of the property for short term rental did not violate the POA’s 1994 zoning ordinance but ruled that Wihbey must return to the ZBA to prove that he rented only to single families. Michael Hopkins and Jacqueline Wolff will appeal this ruling and the issue is whether the POA will join in the appeal.

  1. Public Comment. Neil Goodlad of 8 Pine Wood Road wanted to know what chemicals would be used on the encapsulation. He is a marine biologist and wanted to ensure that there will be no impact on flora/fauna. He also asked whether the Association could revise its regulations to resolve the short term rental question. Vin said that he will get more details on the encapsulation process and the materials used. Karen Jubanyik, of 57 Griffin Pond Road asked about the timing of the work on Island View Ave. Vin said that the work could start within the next 2 weeks and that it should take 3-4 weeks to complete. Ryan Smith owns 5 Waterside Avenue. He used his own property as a short-term rental and feels that it is a tremendous waste of time and money for the Association to appeal the ruling.
  2. Executive Session. Upon motion and second, the Board voted to go into executive session to discuss the Wihbey litigation. The Board came out of executive session 8:23 p.m. Upon motion and second, the board voted unanimously to proceed with an appeal to the CT Supreme Court in the Wihbey matter.
  3. Adjournment. There being no further public comment, the meeting was adjourned at 8:26 p.m.