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Stratford wetlands commission continues public hearing after applicant no-show, debates penalties for absences

January 18, 2024 | Town of Stratford, Fairfield, Connecticut


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Stratford wetlands commission continues public hearing after applicant no-show, debates penalties for absences
The Stratford Inland Wetlands and Watercourses Commission on Monday continued a scheduled public hearing to its February meeting after the applicant did not appear, and members used the absence to debate drafting rules to deter late cancellations and no-shows.

The meeting chair opened by announcing the applicant was not present and said the commission would give five minutes before postponing the hearing. “We’re gonna have to table this again till February,” the chair said, adding the commission still awaited a third-party review and had “4 or 5 pages of questions” that remained unanswered.

Commissioners pressed whether the commission could dismiss or penalize applicants who fail to appear. Dr. Chesky asked, “couldn’t we have dismissed it right offhand?” The chair and staff said legal constraints — notably that the applicant had paid for a third-party review and that statutory timelines apply — limited immediate dismissal. Kelly, the commission staff member, confirmed the third-party review had been paid and said she would contact the consultant to begin work.

Several commissioners proposed adding a regulatory consequence for failing to show. One suggested a $1,000 penalty that could be waived in emergencies; another argued denial could serve as a stronger sanction because fees are nonrefundable under the current regulations. Pat (addressed in the record for legal guidance) said they would “figure out what we can do” and investigate whether a fine would be permitted under applicable rules.

The commission voted, by voice, to continue the public hearing to February. The chair said the hearing must be closed by the February meeting and that the commission then had 35 days to render a decision, though the commission could vote to decide at the February meeting if it had sufficient information.

Next steps: commissioners asked staff and legal counsel to review the commission’s regulations and return with options for handling repeated no-shows, including whether a fine, an administrative penalty, or automatic withdrawal of an application is legally available. The commission also emphasized allowing waivers for documented emergencies.

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