As state investigations into the North Haven building department continue, concerns have included an independent investigation, whether building department documents are secure and over $10,000 of undercharged and expired permits for 320 Middletown Ave.

Missing permit fees

Permits and town documents point to potential missing charges and undercharging for 320 Middletown Ave. building permits. According to building department documents, Pondview Estates’ owner Woodmere Development LLC was issued building permits by Town Hall for two-unit structures number four and five on June 28, 2006.

Section 105.5 of the 2005 Connecticut State Building Code, in effect on June 26, 2006, states “every [building] permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance.” The section allows for extension of permits by the building official if the contractors submit written, acceptable requests for extensions. No such extensions exist in Pondview Estates’ file.

According to Section 105.5 of the 2005 Connecticut State Building Code, the Pondview Estates’ building permits issued on June 26, 2006 would have expired on Dec. 19, 2006.

According to a building inspection request and report from the building department, footing drains and waterproofing inspections were requested for Pondview Estates structure four on April 9, 2009. Footing is part of foundation construction, which naturally preceded the building’s completed construction. Therefore, the construction work commenced at least 1,018 days after the 2006 issuance of building four’s building permit, rendering the permit void according to the 2005 Connecticut State Building Code.

According to another building inspection request and report obtained from the building department, footing drains and waterproofing inspections were requested for Pondview Estates structure five on June 19, 2009. Therefore, the construction work commenced at least 1,089 days after the 2006 issuance of building four’s building permit, rendering the permit void.

The other buildings’ constructions were all begun within the 180 day time limit.

As the structure four and five permits were void, the property’s owner should have been charged two new building permit fees when construction finally began in 2009.

According to the current construction value and permit fee schedule obtained from the North Haven building department, building permit fees are $18 for the first $1,000 of a project’s construction value, and $12 for every additional $1,000 of construction value.

The construction value and permit fee schedule lists the construction value of first floor living space at $110 per square foot. According to the North Haven assessor’s online database data.visionappraisal.com/NorthHavenCT, structure four and five have two units each, and each unit has 1,480 square feet of first floor living space. Multiplying 1,480 by $100 gives a first floor living space construction value of $162,800 per unit.

The construction value and permit fee schedule lists the construction value of garage space at $45 per square feet. According to the North Haven assessor’s online database, the four units inside structures four and five each have 576 square feet of garage space. Multiplying 576 by $45 gives a garage space construction value of $25,920 per unit.

The construction value and permit fee schedule lists the construction value of decks at a $50 flat fee per deck. According to the North Haven assessor’s online database, structures four and five have four total decks for $200 total in construction value.

Adding $162,800 and $25,920 equals $188,720, which the building department rounds up to $189,000. Charging $18 for the first $1,000 leaves $188,000 – charging $12 for every remaining $1,000 of construction value, and adding $18, equals $2,274 per unit, times four units, equals $9,096, plus $200 for the four decks, totals $9,296 that was not charged for building fees when construction was begun on structures four and five with voided permits.

Undercharging

According to building department copies of checks made out to Town Hall by Woodmere Development LLC, the building permits fees for the eight structures on 320 Middletown Ave. cost $2,514 per structure.

According to a copy of the construction value and permit fee schedule in place on June 22, 2006, as obtained from Town Hall, the construction value of first floor living space was then $65 per square foot, the construction value of garage space was $25 per square feet, and the construction value of deck space was $10 per square feet.

According to the North Haven assessor’s online database, Pondview Estates’ eight buildings contain 16 units, and each unit has 1,480 square feet in first floor living space, 576 square feet of garage space, and 144 square feet of deck space. Multiplying 1,480 by $65 equals a construction value of $96,200 of first floor living space per unit. Multiplying 576 by $25 equals a construction value of $144,000 garage space per unit. Multiplying 144 by $10 equals a construction value of $1,440 of deck space per unit.

Adding $96,200 and $14,400 and $1,440 equals $112,040. Charging $18 for the first $1,000 leaves $111,040 – charging $12 for every remaining $1,000 of construction value, and adding $18, equals $1,350 per unit, or $2,700 per structure that should have been charged for building fees per structure. Woodmere Development LLC was charged a building permit fee of $2,514 per structure, or $186 less than the $2,700 should have per structure, times eight structures, for a total savings of $1,488 in building permit fees.

Adding the $9,296 in uncharged permits with $1,488 in undercharged permits equals $10,784 in building permit fees not charged by North Haven for Pondview Estates.

When reached for comment, Freda said that it was not yet officially determined the building department was at fault regarding Pondview Estates. “We don’t know if that’s the case,” he said.

“We have turned all the information over to the state attorney’s office,” Freda added. “We have the investigation in the hands of the experts.”

Selectmen and residents speak out

At the Feb. 4 Board of Selectmen meeting, second selectmen Steve Fontana asked whether the town would consider hiring its own private investigator to probe the building department, citing past calls for such an investigation into the Leigh Gomez discrimination charges.

First Selectman Michael Freda responded that there was already a state attorney’s office and state building department investigation into the building department. He added that since taking office, he discovered that a private investigation had been undertaken last year by the previous administration.

Additionally, Freda said that the invoice for the previous private investigation had not been paid, and that he had taken care of the matter. “On my fifth day in office, I paid the invoice,” Freda said, “and I turned over the results of the private investigation, which had been withheld for some reason.”

Freda asked Fontana whether he had known about the private investigation. “I knew one was going on,” Fontana replied. “If the investigation was withheld, it was done so for a very worthwhile reason.”

Freda asked why the invoice had not been paid. “You will have to ask the former First Selectman that,” Fontana replied.

Freda said he did not intend his comments as an indictment. “I’m trying to move forward,” he said. “I’m not blaming anybody.”

During the meeting’s public comment, resident Gary Amato asked why the investigation’s “alleged person” had not been placed on paid leave from Town Hall during the state’s probes.

“He would still be getting his pay and benefits,” Amato said, “and this would be a way for the town to secure documents.”

Freda said that he would wait until the results of the investigations before acting, as not to enforce a potentially unnecessary punishment. “I am very comfortable that the investigation is in the most competent hands, and they will render a decision,” he said. “At this point in time, I do not want to catapult the town into another lawsuit.”

Freda believed the building department documents were not at risk. “I have given the state investigators all the documents they need,” he said.

Freda said Monday that some documents given to the state pertained to Pondview Estates, 16 two-unit structures at 320 Middletown Ave.