Date: Fri 07-Jun-1996

Publication: Bee

Author: KAAREN

Quick Words:

library-council-Baumer

Full Text:

Council Rejects Baumer's Easement Bid

B Y K AAREN V ALENTA

Legislative Council Wednesday night denied a request by Edwin Baumer for an

exclusive easement for his driveway located on town-owned land adjacent to the

Cyrenius H. Booth Library.

Acting on the recommendation of the Planning and Zoning Commission, the

council voted 11-1 to deny Mr Baumer's request, which would have given him

exclusive control over the narrow strip of land between his house and the

library property. He's allowed to use the strip as a driveway because of an

easement granted by the town in the 1920s.

"Mr Baumer bought his property knowing there was an easement and now he wants

a change," Councilman Jack Rosenthal said. "It's like the person who buys a

house next to an airport and now wants the planes to stop flying."

Mr Baumer told the council that the exclusive easement had been suggested by

the attorney for the library board of trustees "as a way of addressing privacy

concerns." He said that he and his wife, Jean, would pay all legal costs that

would be incurred in obtaining the easement and he offered to "leave open" a

provision that emergency vehicles could cross the land whenever necessary.

Councilman Joseph McGowan, who cast the only vote against the denial of Mr

Baumer's request, said the council has often deeded away town-owned land. "If

a deal has been struck between the library and the homeowner, we should let it

go through," he said.

"I don't see anyone here from the library nor their attorney," said Council

Vice Chairman Melissa Pilchard. "We can only address the question of giving up

town property."

Mr Baumer, who sued the library and the borough in an attempt to stop the

library expansion project, said at this point he just wants to resolve the

dispute. He said he would drop all legal action if he could get the exclusive

easement.

"It's my belief the library Board of Trustees would like to get on with the

project," he said. "My wife and I would like to live in peace."

Mr Baumer filed two lawsuits and a Freedom of Information complaint last year

against the Board of Trustees, the Borough of Newtown and the town. After all

were dismissed, Mr Baumer's attorney, Randall Carriera of Bridgewater, filed a

motion in April to appeal one of the decisions. That lawsuit, against the

Borough Zoning Commission, Commission Chairman Robert Connor, Town Clerk

Cynthia Curtis, Borough Clerk Darlene Spencer, the town of Newtown and the

library Board of Trustees, is still pending.

First Selectman Bob Cascella said the town hasn't spent any money yet on legal

expenses but Mr Baumer's legal actions have cost the Borough and the library

about $10,000.

"Mr and Mrs Baumer have put up a long, extended fight, but it has been for

their home," Atty Carreira said. "This is a gentlemanly way to resolve it.

Without this guarantee, the town could put up a shed in the back someday and

literally have traffic going within one foot of his house. During the (annual)

booksale, there could be a thousand people using that land."

Responding to a question from Councilman Joseph Borst, Mr Baumer admitted that

in the 23 years he has lived on Main Street, the town has never used the land

where his driveway sits. But he claimed the library trustees threatened to use

it as an exit for the library parking lot if he opposed the expansion.

Mr Cascella said the library trustees have offered to plant bushes and trees

along both sides of the library property to provide some privacy for the

neighboring homeowners.

"I think the library has been a very good neighbor," Mrs Pilchard said. I

think Mr Baumer has been a very expensive neighbor."