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Date: Fri 10-May-1996

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Date: Fri 10-May-1996

Publication: Bee

Author: KAAREN

Quick Words:

Baumer-library-P&Z-

Full Text:

P&Z Frowns On Baumer's `Exclusive Use' Request

The Planning and Zoning Commission (P&Z) has recommended that the town not

grant Edwin Baumer of 23 Main Street the "exclusive use" of his driveway which

is located on town-owned land.

Mr Baumer, a next-door neighbor of Booth Library, requested that the

right-of-way easement he now has be expanded to give him the exclusive use of

the driveway.

Mr Baumer is suing the town and the borough over the Booth Library expansion

project.

Mr Baumer, represented by attorney Randall Carreira of Bridgewater, is trying

to reach a compromise in which he may drop his lawsuit if he is given a

permanent exclusive easement to land on which his driveway sits.

"It's not too much to ask," Mr Carreira has said. "We're trying to reach an

accommodation of all of the parties - something that would benefit everyone -

and this is one of the things we are proposing as part of a settlement."

After lengthy discussion May 2, P&Z members unanimously decided that it was

not possible to grant Mr Baumer exclusive use of his driveway because town

owns it and town residents can't be barred from using it.

The P&Z recommendation will be forwarded to the Legislative Council. To get an

exclusive use easement, the council as well as voters at a town meeting would

have to approve it.

Mr Baumer filed a lawsuit in Danbury Superior Court in April against the

Borough Zoning Commission, Borough Zoning Commission Chairman Robert Connor,

Town Clerk Cynthia Curtis, Borough Clerk Darlene Spencer, the Town of Newtown

and the Booth Library Board of Trustees. In it he repeated many of the charges

he made in earlier lawsuits, which were dismissed last month by a judge in

Danbury Superior Court.

Mr Baumer alleges that "spot zoning" was used to approve the library expansion

project, among other claims.

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