Date: Fri 19-Dec-1997

Publication: Bee

Author: STEVEB

Quick Words:

FOI-Beres-Mackey-ZBA

Full Text:

Hearing Officer Sides With Beres On FOI Complaint

BY STEVE BIGHAM

A hearing officer for the Freedom of Information Commission has sided with

Newtown resident Wendy Beres in her complaint that a town employee violated an

FOI law.

Mrs Beres, of 15 Turkey Hill Road, filed the complaint last June, alleging

that Zoning Enforcement Officer Bill Nicholson did not provide her with the

land use information she had requested in writing. Hearing Officer Rosalind

Berman ruled that Mr Nicholson failed to comply with the state Freedom of

Information statutes and ordered him to do so. A similar grievance against

former first selectman Bob Cascella was dropped.

Ms Berman does not make the final ruling. That is made by the FOI Commission,

which receives a report of her findings January 14.

The FOI law states that "any person applying in writing shall receive,

promptly upon request, a plain or certified copy of any public record."

Mrs Beres had requested an audio tape from a May 15 meeting of the Planning &

Zoning Commission. There was reportedly discussion on the tape relating to a

controversial sand and gravel operation near Turkey Hill Road. Residents of

the area had asked the town to file a cease-and-desist order against the

operation to stop the dust, noise and alleged odor problems coming from the

site. Mrs Beres wanted to use the tape as evidence during a hearing of the

Zoning Board of Appeals on the matter.

At the end of the tape, Mrs Beres alleges the chairman of the P&Z stated that

Town Attorney David Grogins had told him to leave the issue of the Mackey &

Sons, Inc, gravel operation alone.

"They obviously forgot the tape was running," Mrs Beres said. "There were a

lot of questions as to why homes were built on the gravel pit. This was an

issue that was not on the agenda."

Mrs Beres never received the tape and has no plans to try and get it.

"At this point, it's useless to have tape because the ZBA hearing is over,"

she said.

The ZBA opted not to file a cease-and-desist order against the operation. Mrs

Beres believes the decision may have been different had she been given a copy

of the audio tape.

The town, reluctant to lend her the original, reportedly had difficulty making

a copy of the tape. Mr Nicholson declined to comment on the issue. Mr Grogins

said the town makes every effort to comply with the Freedom of Information Act

and will continue to do so.