Zoning Board Vote 'Misunderstood' by Board Member

The New Milford Zoning Board cleared up a bit of confusion that ensued after a last minute vote was put on the table at the end of their last meeting on Nov. 12.

The motion, which suggested that the zoning board look into conducting their own traffic study and safety evaluation, passed on a 3-1 vote.

It was made clear by the applicant’s attorney, Andy Del Vecchio, and the borough’s attorney, Scott Sproviero, as well as Joe Loonam, the board member who made the motion to vote, that it was a time sensitive matter.

Despite the time constraints, the Mayor and Council, who met the following evening (Wednesday, Nov. 13), were not informed of the vote and could not take any action on it.

As it turns out, Lou Denis, the board member who was sitting in as the chair because Karl Schaffenberger is excused from this application, was confused on what the board was voting on.

“I totally misunderstood what that vote was for,” said Denis. “I thought my determination that it should be tabled was already seconded. When the vote came around to me I thought it was already decided on.”

On the video of the vote, which can be viewed here, Denis can be seen, at the 3:38 mark of the video, mentioning the possibility of tabling the motion to vote until the following meeting.

Denis believed that his statement about tabling the motion had been acknowledged and seconded. Therefore, Denis was “yes” to table the vote, and not voting “yes” in support of the motion to pursue their own traffic study and safety evaluation.

The board, all informed on what they were voting on, voted unanimously to reconsider the motion they voted on during the Nov. 12 meeting.

Sproviero's concern was based on the possible perception that an argument could be made that the board was "expert shopping" in an effort to find someone who would tell them what they wanted to hear. 

The Zoning Board is set to meet again for a special meeting on the proposal to develop the United Water property on Dec. 2 at 7 p.m.