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Post by Poor Richard on May 29, 2021 19:12:57 GMT -7
2017 - Setback and Eyesore Violations
The Glastonbury Landowner's Association (GLA) Covenants and Master Plan define how far a structure must be located or set back, from parcel boundaries. The 1997 Covenants, section 6.02, allowed for 25 foot setbacks. The 2007 Master Plan, Section 2.0 increased setbacks to 50 feet from a parcel boundary line.
The Covenants, section 5.05 Nuisances and Eyesores, also prohibits "inoperative or unregistered cars and equipment" that "are in open view of platted roads."
The owner of parcel number NG-30E is responsible for adhering to the Covenants and Master Plan. The owner also served on the GLA Board for many years and was familiar with Project Review applications and procedures.
In 2017 a neighbor filed a complaint with the GLA. The neighbor believed that the owner of NG-30E, Paul Ranttalo, violated setback regulations. He also believed that Ranttalo was creating an eyesore, thus violating Covenant 5.05 with a large collection of derelict vehicles. The GLA Board studied the complaint and meticulously investigated the allegations. Directors Leo Keeler and Newman Brozovsky visited parcel NG-30E on a bitter cold day in December of 2017. They established parcel boundaries, carefully measured how far each building was from the property line and took many photos. The property and buildings were researched via historical Google Maps and GLA Minutes. Google Maps established when new buildings appeared. The GLA minutes confirmed what buildings received Project Review and board approvals. The tedious research discovered that several buildings violated setback regulations.
The "T" post marks the southwest corner of parcel NG-30E.
The unauthorized, bare plywood sided, car port addition sits next to the dump truck.
Note the furthest building, a lean-to 4 stall garage, which is about 12 inches away from the red dashed parcel boundary line.
The unauthorized, bare plywood car port addition was found to be 24 feet and one inch away from the parcel boundary line. Eleven inches could be forgiven but that was just the beginning of the infractions. The unfinished addition was never presented to the GLA Board for building approval. The lean-to 4 stall garage pictured above, posed an even greater problem. Originally it was built as a 4 foot by 50 foot shed, which at the time, did not require GLA Board review. In 2013 Paul Ranttalo applied for GLA approval that would enlarge the shed to 10 feet by 50 feet. Director Gerald Dubiel, Ranttalo's next door neighbor and long time friend, inspected the site. The October 7, 2013 GLA Board Minutes, section 7.2.2 show that Director Dubiel "verified that all setbacks have been met". The GLA, based upon Dubiel's erroneous information, approved the project.
In 2021 Director Dubiel failed to mention that a project in High South Glastonbury was going to be built with steel storage containers. Based on incomplete information, the GLA approved the project. Per a motion in the September 1999 GLA Minutes 6.3, steel storage containers were banned for above ground construction by the GLA. Dubiel should have known that especially since one of the multiple violations Ranttalo had in the past was with steel storage containers on his property. Furthermore the Master Plan 2.0, page 10 states "Storage Containers that are in view of a road are considered a nuisance and an eyesore" which reinforces the Covenant's 5.05 prohibition.
The GLA Board requires complete and factual information from directors. Presenting false, misleading or incomplete information is illegal and would render the subsequent board vote null and void.
At the January 8, 2018 GLA Board meeting Leo Keeler motioned and Kevin Newby seconded that:
The motion passed; 7 in favor – Dennis Riley, Dan Kehoe, Charlene Murphy, Regina Wunsch, Leo Keeler, Mark Seaver, Kevin Newby; 3 opposed – Charlotte Mizzi, Newman Brozovsky, Gerald Dubiel; 1 abstention – Richard Johnson; Director Paul Ranttalo was recused.
The old timers hoped that Ranttalo would run for another term on the GLA Board. Three old timers; Director Mizzi, Brozovsky and Dubiel voted against the above motion. Both Dubiel and Brozovsky saw first hand that the violations were true. The old timers came out in force at the next GLA Board meeting in March. The March 12, 2018 GLA Minutes show that Aija-Mara Accatino read a statement claiming that "the board action against Paul was politically motivated and stemmed from prejudged malicious attitudes". Marshall Haley "asked for mercy and community good will on Paul’s 11 inches over the setback limit".
Later in the March GLA Board meeting Director Dubiel presented a motion that stated in part "all projects approved prior to March 12, 2018 by the majority of the board be recognized as in compliance with the Covenants without further review". Director Mizzi seconded the motion. If approved, Paul Ranttalo and ALL other landowners who violated the Covenants and Master Plan prior to March 12, 2018 would be exonerated and held harmless. The GLA meeting Minutes record that the motion failed. 4 were in favor – Gerald Dubiel, Charlotte Mizzi, Richard Johnson, and Paul Ranttalo. 7 were opposed – Kevin Newby, Mark Seaver, Leo Keeler, Dan Kehoe, Dennis Riley, Charlene Murphy and Regina Wunsch; 1 abstention – Newman Brozovsky.
The original complaint, eyesore allegations, were not addressed even though they were Covenant violations. Paul Ranttalo did not correct any violations and thus was not allowed to vote or run as a candidate in future GLA elections. In 2021 the property was sold. The new owner was notified by members of the GLA Board, before he purchased the property, that NG-30E was in violation of the Covenants. If he decided to purchase the property he would have to correct those violations if he wished to vote or run for the GLA Board.
During the complaint investigation Paul Ranttalo stated that his neighbor, Robert Wallace, another former GLA Board member, built a shed on NG-30D that abutted Paul's property line. That violated setback regulations and to this day has not been addressed by the GLA Board.
The County recorded that on May 5, 2021 Paul Ranttalo purchased NG-22C from Dennis Briggs. The derelict vehicles that were part of the original complaint were recently moved from NG-30E. Many now reside on parcel NG-22C in plain view of many North Glastonbury roads and properties. They are an eyesore for many landowners and violate the Covenants. The GLA Board was notified on May 12, 2021.
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Post by Montana1 on Jun 1, 2021 7:30:19 GMT -7
2017 - Setback and Eyesore Violations
The Glastonbury Landowner's Association (GLA) Covenants and Master Plan define how far a structure must be located or set back, from parcel boundaries. The 1997 Covenants, section 6.02, allowed for 25 foot setbacks. The 2007 Master Plan, Section 2.0 increased setbacks to 50 feet from a parcel boundary line.
The Covenants, section 5.05 Nuisances and Eyesores, also prohibits "inoperative or unregistered cars and equipment" that "are in open view of platted roads."
The owner of parcel number NG-30E is responsible for adhering to the Covenants and Master Plan. The owner also served on the GLA Board for many years and was familiar with Project Review applications and procedures.
In 2017 a neighbor filed a complaint with the GLA. The neighbor believed that the owner of NG-30E, Paul Ranttalo, violated setback regulations. He also believed that Ranttalo was creating an eyesore, thus violating Covenant 5.05 with a large collection of derelict vehicles. The GLA Board studied the complaint and meticulously investigated the allegations. Directors Leo Keeler and Newman Brozovsky visited parcel NG-30E on a bitter cold day in December of 2017. They established parcel boundaries, carefully measured how far each building was from the property line and took many photos. The property and buildings were researched via historical Google Maps and GLA Minutes. Google Maps established when new buildings appeared. The GLA minutes confirmed what buildings received Project Review and board approvals. The tedious research discovered that several buildings violated setback regulations.
The "T" post marks the southwest corner of parcel NG-30E.
The unauthorized, bare plywood sided, car port addition sits next to the dump truck.
Note the furthest building, a lean-to 4 stall garage, which is about 12 inches away from the red dashed parcel boundary line.
The unauthorized, bare plywood car port addition was found to be 24 feet and one inch away from the parcel boundary line. Eleven inches could be forgiven but that was just the beginning of the infractions. The unfinished addition was never presented to the GLA Board for building approval. The lean-to 4 stall garage pictured above, posed an even greater problem. Originally it was built as a 4 foot by 50 foot shed, which at the time, did not require GLA Board review. In 2013 Paul Ranttalo applied for GLA approval that would enlarge the shed to 10 feet by 50 feet. Director Gerald Dubiel, Ranttalo's next door neighbor and long time friend, inspected the site. The October 7, 2013 GLA Board Minutes, section 7.2.2 show that Director Dubiel "verified that all setbacks have been met". The GLA, based upon Dubiel's erroneous information, approved the project.
In 2021 Director Dubiel failed to mention that a project in High South Glastonbury was going to be built with steel storage containers. Based on incomplete information, the GLA approved the project. Per a motion in the September 1999 GLA Minutes 6.3, steel storage containers were banned for above ground construction by the GLA. Dubiel should have known that especially since one of the multiple violations Ranttalo had in the past was with steel storage containers on his property. Furthermore the Master Plan 2.0, page 10 states "Storage Containers that are in view of a road are considered a nuisance and an eyesore" which reinforces the Covenant's 5.05 prohibition.
The GLA Board requires complete and factual information from directors. Presenting false, misleading or incomplete information is illegal and would render the subsequent board vote null and void.
At the January 8, 2018 GLA Board meeting Leo Keeler motioned and Kevin Newby seconded that:
The motion passed; 7 in favor – Dennis Riley, Dan Kehoe, Charlene Murphy, Regina Wunsch, Leo Keeler, Mark Seaver, Kevin Newby; 3 opposed – Charlotte Mizzi, Newman Brozovsky, Gerald Dubiel; 1 abstention – Richard Johnson; Director Paul Ranttalo was recused.
The old timers hoped that Ranttalo would run for another term on the GLA Board. Three old timers; Director Mizzi, Brozovsky and Dubiel voted against the above motion. Both Dubiel and Brozovsky saw first hand that the violations were true. The old timers came out in force at the next GLA Board meeting in March. The March 12, 2018 GLA Minutes show that Aija-Mara Accatino read a statement claiming that "the board action against Paul was politically motivated and stemmed from prejudged malicious attitudes". Marshall Haley "asked for mercy and community good will on Paul’s 11 inches over the setback limit".
Later in the March GLA Board meeting Director Dubiel presented a motion that stated in part "all projects approved prior to March 12, 2018 by the majority of the board be recognized as in compliance with the Covenants without further review". Director Mizzi seconded the motion. If approved, Paul Ranttalo and ALL other landowners who violated the Covenants and Master Plan prior to March 12, 2018 would be exonerated and held harmless. The GLA meeting Minutes record that the motion failed. 4 were in favor – Gerald Dubiel, Charlotte Mizzi, Richard Johnson, and Paul Ranttalo. 7 were opposed – Kevin Newby, Mark Seaver, Leo Keeler, Dan Kehoe, Dennis Riley, Charlene Murphy and Regina Wunsch; 1 abstention – Newman Brozovsky.
The original complaint, eyesore allegations, were not addressed even though they were Covenant violations. Paul Ranttalo did not correct any violations and thus was not allowed to vote or run as a candidate in future GLA elections. In 2021 the property was sold. The new owner was notified by members of the GLA Board, before he purchased the property, that NG-30E was in violation of the Covenants. If he decided to purchase the property he would have to correct those violations if he wished to vote or run for the GLA Board.
During the complaint investigation Paul Ranttalo stated that his neighbor, Robert Wallace, another former GLA Board member, built a shed on NG-30D that abutted Paul's property line. That violated setback regulations and to this day has not been addressed by the GLA Board.
The County recorded that on May 5, 2021 Paul Ranttalo purchased NG-22C from Dennis Briggs. The derelict vehicles that were part of the original complaint were recently moved from NG-30E. Many now reside on parcel NG-22C in plain view of many North Glastonbury roads and properties. They are an eyesore for many landowners and violate the Covenants. The GLA Board was notified on May 12, 2021.
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Post by Montana1 on Jun 1, 2021 7:30:41 GMT -7
2017 - Setback and Eyesore Violations
The Glastonbury Landowner's Association (GLA) Covenants and Master Plan define how far a structure must be located or set back, from parcel boundaries. The 1997 Covenants, section 6.02, allowed for 25 foot setbacks. The 2007 Master Plan, Section 2.0 increased setbacks to 50 feet from a parcel boundary line.
The Covenants, section 5.05 Nuisances and Eyesores, also prohibits "inoperative or unregistered cars and equipment" that "are in open view of platted roads."
The owner of parcel number NG-30E is responsible for adhering to the Covenants and Master Plan. The owner also served on the GLA Board for many years and was familiar with Project Review applications and procedures.
In 2017 a neighbor filed a complaint with the GLA. The neighbor believed that the owner of NG-30E, Paul Ranttalo, violated setback regulations. He also believed that Ranttalo was creating an eyesore, thus violating Covenant 5.05 with a large collection of derelict vehicles. The GLA Board studied the complaint and meticulously investigated the allegations. Directors Leo Keeler and Newman Brozovsky visited parcel NG-30E on a bitter cold day in December of 2017. They established parcel boundaries, carefully measured how far each building was from the property line and took many photos. The property and buildings were researched via historical Google Maps and GLA Minutes. Google Maps established when new buildings appeared. The GLA minutes confirmed what buildings received Project Review and board approvals. The tedious research discovered that several buildings violated setback regulations.
The "T" post marks the southwest corner of parcel NG-30E.
The unauthorized, bare plywood sided, car port addition sits next to the dump truck.
Note the furthest building, a lean-to 4 stall garage, which is about 12 inches away from the red dashed parcel boundary line.
The unauthorized, bare plywood car port addition was found to be 24 feet and one inch away from the parcel boundary line. Eleven inches could be forgiven but that was just the beginning of the infractions. The unfinished addition was never presented to the GLA Board for building approval. The lean-to 4 stall garage pictured above, posed an even greater problem. Originally it was built as a 4 foot by 50 foot shed, which at the time, did not require GLA Board review. In 2013 Paul Ranttalo applied for GLA approval that would enlarge the shed to 10 feet by 50 feet. Director Gerald Dubiel, Ranttalo's next door neighbor and long time friend, inspected the site. The October 7, 2013 GLA Board Minutes, section 7.2.2 show that Director Dubiel "verified that all setbacks have been met". The GLA, based upon Dubiel's erroneous information, approved the project.
In 2021 Director Dubiel failed to mention that a project in High South Glastonbury was going to be built with steel storage containers. Based on incomplete information, the GLA approved the project. Per a motion in the September 1999 GLA Minutes 6.3, steel storage containers were banned for above ground construction by the GLA. Dubiel should have known that especially since one of the multiple violations Ranttalo had in the past was with steel storage containers on his property. Furthermore the Master Plan 2.0, page 10 states "Storage Containers that are in view of a road are considered a nuisance and an eyesore" which reinforces the Covenant's 5.05 prohibition.
The GLA Board requires complete and factual information from directors. Presenting false, misleading or incomplete information is illegal and would render the subsequent board vote null and void.
At the January 8, 2018 GLA Board meeting Leo Keeler motioned and Kevin Newby seconded that:
The motion passed; 7 in favor – Dennis Riley, Dan Kehoe, Charlene Murphy, Regina Wunsch, Leo Keeler, Mark Seaver, Kevin Newby; 3 opposed – Charlotte Mizzi, Newman Brozovsky, Gerald Dubiel; 1 abstention – Richard Johnson; Director Paul Ranttalo was recused.
The old timers hoped that Ranttalo would run for another term on the GLA Board. Three old timers; Director Mizzi, Brozovsky and Dubiel voted against the above motion. Both Dubiel and Brozovsky saw first hand that the violations were true. The old timers came out in force at the next GLA Board meeting in March. The March 12, 2018 GLA Minutes show that Aija-Mara Accatino read a statement claiming that "the board action against Paul was politically motivated and stemmed from prejudged malicious attitudes". Marshall Haley "asked for mercy and community good will on Paul’s 11 inches over the setback limit".
Later in the March GLA Board meeting Director Dubiel presented a motion that stated in part "all projects approved prior to March 12, 2018 by the majority of the board be recognized as in compliance with the Covenants without further review". Director Mizzi seconded the motion. If approved, Paul Ranttalo and ALL other landowners who violated the Covenants and Master Plan prior to March 12, 2018 would be exonerated and held harmless. The GLA meeting Minutes record that the motion failed. 4 were in favor – Gerald Dubiel, Charlotte Mizzi, Richard Johnson, and Paul Ranttalo. 7 were opposed – Kevin Newby, Mark Seaver, Leo Keeler, Dan Kehoe, Dennis Riley, Charlene Murphy and Regina Wunsch; 1 abstention – Newman Brozovsky.
The original complaint, eyesore allegations, were not addressed even though they were Covenant violations. Paul Ranttalo did not correct any violations and thus was not allowed to vote or run as a candidate in future GLA elections. In 2021 the property was sold. The new owner was notified by members of the GLA Board, before he purchased the property, that NG-30E was in violation of the Covenants. If he decided to purchase the property he would have to correct those violations if he wished to vote or run for the GLA Board.
During the complaint investigation Paul Ranttalo stated that his neighbor, Robert Wallace, another former GLA Board member, built a shed on NG-30D that abutted Paul's property line. That violated setback regulations and to this day has not been addressed by the GLA Board.
The County recorded that on May 5, 2021 Paul Ranttalo purchased NG-22C from Dennis Briggs. The derelict vehicles that were part of the original complaint were recently moved from NG-30E. Many now reside on parcel NG-22C in plain view of many North Glastonbury roads and properties. They are an eyesore for many landowners and violate the Covenants. The GLA Board was notified on May 12, 2021.
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Post by leokeeler on Jun 1, 2021 19:34:38 GMT -7
Robert Wallace building a shed without GLA approval was addressed after Paul Rantallo brought the violation to the attention of the Board.
As a board member investigating Rantallo and his “NUMEROUS” covenant violations I felt it necessary to file a complaint about the Wallace shed, especially since Rantallo was using the agreement between only himself and Wallace as part of his defense. I filed a formal complaint to the GLA Board on March 22, 2018.
The Wallace complaint investigation of the unauthorized shed used Google Earth, as was done in the Rantallo investigation, to show that the Wallace shed was placed on his lot prior to December 2004.
The Board addressed that complaint and considered the Statute of limitations of 8 years having passed since the violation occurred (i.e. as seen on Google Earth image of Dec. 2004) as being unenforceable.
The Statute of Limitations for Homeowner Covenant Violations is considered to be 8 years under State law. That 8 year reqquiremnet to initiate enforcement actopns is the same as is being applied to long overdue annual assessments are being collected through court actions.
Once action is initiated on a violation, the Statute Of Limitations no longer applies or provides protections for violators even if it takes many years to develop a verdict. |
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Post by leokeeler on Jun 2, 2021 9:54:18 GMT -7
I have been asked to provide a bit more of my opinion on how the Statute of Limitations impacts covenant violations. I am not an attorney and this opinion may not match others interpretations.
Covenants are considered a contract and State law sets the Statute of Limitations under contract law as 8 years from the date of occurrence as the time limit to discover a problem and "INITIATE" corrective action.
Once GLA has "FORMALLY" voted that there is a violation, the Statute of Limitations no longer offers protections. This requires action by the Board, not just someone filing a complaint. Once GLA has documented the violation there is no limit on how long it takes to gain compliance. As long as GLA does not abandon the case and proceeds in a logical/reasonable manner the time that passes does not impact the case.
That is why (when I was on the Board) I always pushed for the Board to vote to declare a violation has been discovered and the landowner must take action to correct it, not just ignore the problem. This is not dependent on the Board starting a court action as the "VOTE" finding a violation stops the Statute of Limitations. When the Board follows the Assessment Collection Procedures and votes to place a lien on a lot for not paying annual assessments, that vote sets the date of filing the first lien on the land which is the date from which to count backwards. Nnon-payments beyond the 8 years cannot be collected.
All the violations the Board is not addressing are basically "COASTING" and hoping the 8 year Statute Of Limitations runs out and they get off scot free - such as Wallace shed. Covenant 2.01 state that the Covenants Run With The Land, not the owner, thus violations run with the land. That is how GLA can collect debts from the new owner, or require they correct the violation, even though the new owner did not create the problem.
The GLA can take minor violations to court and ask the Court to require the violator reimburse the GLA for all costs. Nothing is "exempt" from court actions if GLA decides to spend the money to take it to court. Even in minor cases, the GLA can "ASK" the Court to require the violator to pay all GLA costs, which is in the Covenant 10.02, but the Court does not always agree and require reimbursement.
The Board can vote a violation has been corrected and the land is back into compliance.
The Board can vote to stop a court action if they desire, either due to the violation being corrected, their finding an error in their actions or other reasons. It is like considering the Court as working for GLA and GLA telling the court the Board findings and desires as pertains to covenant or State law violations.
Leo
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