Date: Fri 03-May-1996
Date: Fri 03-May-1996
Publication: Bee
Author: ANDYG
Quick Words:
FOI-Baumer-Booth-Libary
Full Text:
FOI Dismisses Baumer Complaint
B Y A NDREW G OROSKO
The Connecticut Freedom of Information Commission has dismissed a complaint
filed last year by a local man alleging that a public hearing held by the
Borough Zoning Commission violated the state's right-to-know law.
The FOI Commission endorsed its hearing officer's recommended dismissal of
Edwin Baumer's complaint, an FOI spokeswoman said Tuesday.
In his FOI complaint, Mr Baumer, a next-door neighbor of the Booth Library on
Main Street, alleges that a June 13, 1995 Borough Zoning Commission hearing on
the library's site plan application for its expansion project violated aspects
of the state's right-to-know law.
Mr Baumer alleges the zoners: reconvened a closed public hearing without
proper public notice; failed to record the votes of its members; and
improperly convened in executive session.
After a public hearing and review of Mr Baumer's complaint, FOIC hearing
officer Carolle Andrews determined that the Borough Zoning Commission didn't
violate the Freedom of Information Act.
In a related matter, Mr Baumer has a lawsuit pending against the Borough
Zoning Commission over approvals which it granted to allow Booth Library to
expand. The lawsuit is Mr Baumer's latest effort to prevent the library from
expanding. This lawsuit follows a judge's dismissal of two earlier lawsuits
filed by Mr Baumer that sought to stop the library expansion project.
Mr Baumer claims an expanded library will damage his quality of life through
increased activity at the library. The library recently broke ground for its
expansion project.
In Mr Baumer's most recent lawsuit, he alleges the Borough Zoning Commission
acted illegally, arbitrarily and in abuse of the discretion vested in it
because: the approvals the commission granted for library expansion amounted
to "spot zoning"; the approvals were not uniform for each kind of building in
the zone; the expansion of a non-conforming building was allowed; the amended
zoning regulations don't meet standards to protect the public health, safety,
convenience and property values; the amended regulations promote street
congestion, compromise light and air quality, overcrowd the land, and fail to
conserve the value of buildings; the amended regulations, in effect, amount to
an illegally granted a zoning variance by the Borough Zoning Commission; and a
traffic study should have been performed for the project.
In the latest lawsuit, Mr Baumer seeks: that the court sustain his appeal to
the library expansion project; that the court order the Borough Zoning
Commission to rescind its amended regulations pertaining to the library; and
that the court grant other relief it deems fit.
Mr Baumer is represented by Attorney Randall Carreira of Bridgewater. The
borough has a May 28 court answer date on the lawsuit in Danbury Spuerior
Court.
