Joining The Town’s Enforcement Team

By Andrew Gorosko

The town now has a third person working in land use enforcement, helping both the Planning and Zoning Commission (P&Z) and the Conservation Commission enforce the town’s land use regulations.

Land use enforcement officer Harry Fitzgerald has joined zoning enforcement officer Gary Frenette and conservation official C. Stephen Driver in responding to complaints about land use violations, and in monitoring new development to ensure that it meets the requirements which the two land use agencies place on construction projects.

Mr Fitzgerald deals with zoning-related tasks, such as ensuring that businesses comply with applicable sign regulations, inspecting buildings for zoning compliance, handling problems with unregistered motor vehicles, and enforcing the regulations on illegal apartments.

His conservation duties involve ensuring that developers prevent soil erosion and sedimentation problems.

 Since he started working for the town last October, Mr Fitzgerald said he has handled about 50 land use violations.

Correcting violations may not be as simple as it might first appear, he said.

After he approaches a violator about a problem, the violator may initially comply and correct a violation. But because violations may stem from a person’s lifestyle, such as collecting and amassing large numbers of used automobiles, automotive parts, and household appliances on their property, such violations can recur, he said.

Mr Fitzgerald, a Wolcott resident, speaks from experience.

Before coming to Newtown, he worked as Wolcott’s zoning administrator, carrying out zoning enforcement duties in that town of about 15,000 people northeast of Waterbury. Before that, Mr Fitzgerald served on that town’s Planning and Zoning Commission for six years, four years of which he was its chairman. He also served as chairman of Wolcott’s Conservation Commission and as the chairman of that town’s Board of Assessment Appeals.

Mr Fitzgerald notes that the two towns’ land use enforcement philosophies differ, with Newtown’s enforcement being appreciably stricter.

In Newtown, the town calls in lawyers to enforce difficult violations, while Wolcott seldom used lawyers in its enforcement, he said.  

Mr Fitzgerald plans to complete his training to become a state-certified zoning enforcement officer, as well as receive state certification in wetlands enforcement.

While he has a solid background in Wolcott’s land use enforcement, Mr Fitzgerald says his task is now to become well versed in Newtown’s land use regulations. While the two towns’ land use rules have similarities, they also differ in certain respects, he said.

Signs

Enforcing the sign regulations has been a long-term effort in Newtown.

Businesses that violate those regulations most typically post illegal signs advertising retail sales. Such sign postings may result in a proliferation of illegal signs by that business’ competitors, Mr Fitzgerald said. Eventually, some business, upset by the illegal sign postings, often informs the town of the violations.

“Most people are pretty good. You tell them [about their sign violations] and they take them down,” Mr Fitzgerald said. He provides violators with a copy of applicable regulations to explain how they have erred. Beyond that, the violators can seek relief from the Zoning Board of Appeals.

For people who will not comply with the regulations, Mr Fitzgerald provides a certified letter telling them to comply.

For intransigent violators, cease-and-desist orders are issued.

If violators are unwilling to comply, their cases are turned over to the town’s land use lawyers for compliance.

But not every violation of the regulations is a black-and-white case, Mr Fitzgerald said, adding that extenuating circumstances may require that strict enforcement take a back seat to diplomacy in addressing violations.

“You try to show some compassion. People’s circumstances aren’t always the same… We try to be fair,” he said.

“You need a great deal of knowledge in the [enforcement] position,” Mr Fitzgerald said. The ability to effectively deal with people is very important, he added. Violators have to understand the nature of their violation and willingly correct it, he said.

Land use enforcement has a high educational component, he said, noting that the enforcement officers’ most common duty is answering people’s questions about the various regulations.

“A big part of zoning is making people aware of what the regulations are. It’s a matter of getting the word out,” he said.

 A current local zoning problem is the installation of portable garages on properties, without first obtaining the required permit to do so, he said. Mr Fitzgerald said he is working on three cases involving illegally installed portable garages. Such structures have lightweight frames over which fabric or plastic coverings are stretched to provide basic shelter for motor vehicles or equipment.

People buy portable garages at stores and then install them without realizing that zoning permits are needed, he said.

Many zoning violations are unintentional in that people simply are not aware of the town’s various land use regulations, he said.

Garden sheds require permits to be installed, Mr Fitzgerald said, adding that the compact structures must meet applicable property boundary setback requirements.

Although garden sheds do require permits, there are some installations that are not regulated, he quipped.

Mr Fitzgerald notes a recent call from an irate person who complained vehemently about a neighbor having installed a basketball hoop next door. The neighbor wanted the basketball hoop removed because he felt it damaged his family’s lifestyle, Mr Fitzgerald said.

“We’re here to control how property is used, not to solve people’s personal problems, “ he said.

 Mr Fitzgerald, 55, formerly worked for an appraisal firm which performed revaluations of private properties for municipalities. He also has been a realtor, as well as a state employee.

A 25-year resident of Wolcott, Mr Fitzgerald is married and has a grown daughter.“