Besky reimbursements of fees

ORDINANCE RE:  BESKY REIMBURSEMENT OF FEES

AN ORDINANCE OF THE TOWN OF STONINGTON, CONNECTICUT, PROVIDING FOR A ONE-TIME WAIVER AND REIMBURSEMENT OF PLANNING & ZONING APPLICATION FEES FOR A ZONE CHANGE REAPPLICATION BY EDWARD J. BESKY AND ANDREA BESKY.

WHEREAS, the Town of Stonington (hereinafter “Town”) has a fee schedule that it enforces against all persons who submit applications with the Town of Stonington Planning & Zoning Commission (hereinafter “Commission”) to cover the costs associated with processing said applications; and

WHEREAS, General Statute §8-1c provides, in relevant part, that the Town may establish said fee schedule; and

WHEREAS, Edward J. Besky and Andrea Besky submitted an application to the Commission for a zone change for certain property located at 83 Noyes Avenue, Stonington, Connecticut; and

WHEREAS, due to an error on behalf of the Town in not filing certain maps ten (10) days prior to the public hearing on said application, Edward J. Besky and Andrea Besky were required to resubmit said application and to pay a reapplication fee and coastal area management fee totaling FIVE HUNDRED THIRTY DOLLARS ($530.00); and

WHEREAS, as a result of the Town’s error, pursuant to General Statute §8-1c, the Town desires to establish a one-time waiver of fee schedule for said zone change reapplication totaling FIVE HUNDRED THIRTY DOLLARS ($530.00).

NOW THEREFORE, BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED THAT THE FOLLOWING ORDINANCE BE ESTABLISHED BY THE TOWN OF STONINGTON:

Section 1.

        (a)     The fees to be charged to Edward J. Besky and Andrea Besky for a certain zone change reapplication for certain real property located at 83 Noyes Avenue, Stonington, Connecticut, that became necessary as a result of an error by the Town on the original application, are hereby waived in the amount of FIVE HUNDRED THIRTY DOLLARS ($530.00).

(b)     Any amount of said FIVE HUNDRED THIRTY DOLLARS ($530.00) that Edward J. Besky and Andrea Besky may have paid shall be reimbursed to them without interest or costs.

Section 2.  Severability

If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this ordinance which can be given effect without the invalid provisions of applications; and to this end, the provisions of this ordinance and the various applications thereof are declared to be severable.

Section 3.  Conflict With Existing Ordinances

That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section 4.  Effective Date

This ordinance shall become effective fifteen (15) days after publication in a newspaper having circulation in the Town of Stonington.

Adopted:  November 20, 2007

Effective Date:  December 11, 2007