Good Government Doesn’t Bend

The Law For One Individual

To the Editor:

I write in response to David Smith’s inaccurate letter of last week [“A Good Example Of Bad Government”]. He states that his property was “quietly incorporated into the borough.” No, his property was always in the borough, and plainly on the borough zoning maps publicly displayed in the borough office. For example, presently, I’m looking at the 1973 borough maps that include his property, in whole, in the borough. Interestingly, the previous borough map was based on a wonderful borough illustration premised on the original chains and rods — metes and bounds descriptions. Alan Shepard, a civil engineer and a member of one of the founding families of Newtown was kind enough to spend hundreds of hours, for free, exacting by survey and town GIS (state-of-the-art satellite imaging) the boundaries of the borough and town. Amazingly, the old-time property lines and borough illustrations were 99 percent accurate! The GIS system confirmed same and the boundaries were reconfirmed by the previous warden and first selectman. David Smith’s accusation of “old-boy politics” is ridiculous and slanderous to Joan Crick, Herb Rosenthal, and Alan Shepard. I think he owes these people a personal apology.

Apparently, when David Smith bought his property a few years ago in the lake area, the former town and borough assessors missed including the property transfer on the borough tax roll (this property was previously part of a larger parcel, also the tax people do an incredible job, no blame intended). Subsequently, he was included and the error corrected.

The previous maps have long shown Mr Smith’s property in the borough. The GIS and work of Mr Shepard confirm same. Nonetheless, at a recent meeting David Smith demanded that the borough do something for him. When asked what it was that he wanted, he demanded, that despite being in the borough, he was to be exempt from borough zoning, taxes, and ordinance laws. Both borough counsel and I indicated that such special privileges would be unlawful and unethical. Mr Smith still wanted the special privileges.

Before Mr Smith bought his property, he never asked anyone from the borough as to its inclusion. He could have asked the borough zoning enforcement officer, the town land use department officials, the warden of the borough, borough zoning, the Board of Burgesses, or just walked into the borough office itself and checked the map. Why he didn’t remains a mystery.

And, the only “rudeness” that occurred here was when he did not get his special privileges, he commenced spewing vulgar, profanities at Alan Shepard, Jean St Jean, George Benson, Don Mitchell, and me. After a barrage of abuse, George Benson tossed him out of the town land use office. His apology in last week’s letter is accepted.

It’s not bad government but good government that won’t bend the laws for just one individual.

Thanks for letting me set the record straight.

Sincerely,

Jim Gaston

Warden, Borough of Newtown

18 Main Street, Newtown                                            August 26, 2008