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Date: Fri 03-May-1996

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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.

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