Date: Fri 30-Jun-1995

Publication: Bee

Author: CURT

Quick Words:

library-addition-Baumer-suit

Full Text:

SECOND SUIT FILED TO BLOCK LIBRARY EXPANSION (WITH SIDEBAR)

BY ANDREW GOROSKO

A Main Street couple upset with the Borough Zoning Commission's approval to

expand Booth Library has sued the commission a second time seeking to prevent

the expansion project.

Jean and Edwin Baumer of 23 Main Street, who live next door to the library, on

June 22 sued the Borough Zoning Commission and the town in Danbury Superior

Court over the commission's June 13 approval of the library expansion project.

Named as defendants in the suit are Robert Connor, the Borough Zoning

Commission chairman; Maureen Crick, the commission's secretary; and Town Clerk

Cynthia Curtis.

In an earlier lawsuit filed on May 30, the Baumers sued the town, seeking to

overturn the commission's May 22 approval of borough zoning rule amendments

concerning building heights and parking spaces. The library trustees sought

and received those amendments from the commission so the trustees could

proceed with their site development plan for the library expansion project.

In their multi-pronged June 22 lawsuit, the Baumers state the Borough Zoning

Commission held a public hearing on the library's site development plan,

received public comments and exhibits on it, and then closed the public

hearing, continuing the matter until July 10. "Nothwithstanding the

continuance, the commission then reopened the public hearing and accepted

further public comment and/or exhibits from the applicants... There was no

vote recorded by the defendant commission on the record," according to the

suit.

The Baumers state they are aggrieved by the commission's decision to approve

the library expansion because the commission acted illegally, arbitrarily and

in abuse of the discretion vested in it.

The expansion plans approved by the commission allow the library at 25 Main

Street to increase from approximately 13,000 square feet to 35,000 square feet

in area. Before a library addition can be built, the project must be put out

to competitive bidding, receive the selectmen's approval, receive the

Legislative Council's approval, gain voters' approval to spend $4 million and

have construction contracts signed.

On June 27, Mr Baumer submitted a complaint to the state Freedom of

Information Commission alleging the Borough Zoning Commission violated the

state's right-to-know law on various grounds at the commission's June 13

meeting. (See related story).

Allegations

In their June 22 lawsuit, the Baumers allege: the applicants miscalculated the

usable library building area by more than 3,000 square feet, thereby leading

the commission into error in granting the application; the site development

plan allows the expansion and/or implementation of "non-conforming

non-library" including, without limitation, a cultural center, music concert

center, meeting rooms, wedding party area and book sale area in violation of

state statutes and borough zoning regulations; the site development plan

allows the expansion of a non-conforming building in violation of state

statutes and the borough zoning regulations; and the development plan violates

the standards set forth in the borough zoning regulations in that it promotes

congestion in the streets, compromises the plaintiffs' light and air supply,

overcrowds the land, and fails to conserve the value of buildings.

In their lawsuit, the Baumers allege that the library development plan exceeds

the size and scope of the project stated in the application in that the

planned building addition is higher in absolute height than three stories.

The Baumers further contend that the development plan clearly maintains and

allows expansion of land uses that are outside the scope of the application

for library use; the development plan didn't contain a written statement on

the proposed use as required by the zoning regulations; the existing and

planned uses of the library exceed the definition of the term "library" as

specified in the borough's zoning regulations and that such uses shouldn't

have been approved; and the site development plan violates the zoning

regulations' lot coverage requirement.

The Baumers also allege: the development plan violates the town's plan of

development because it promotes congestion in a congested area on a major road

with a high accident rate. The Baumers also claim the planned library

expansion will substantially decrease their property's value; the development

plan violates the borough zoning regulations because it wasn't designed to

prevent health or safety hazards to people or property on or off Main Street;

the approved plan allows an intensification of Main Street's usage and traffic

in an area where there have been many accidents; and the development plan

violates borough zoning regulations in that all details of the plan aren't in

keeping with the general intent and spirit of the regulations.

In their lawsuit, the Baumers also charge: the development plan violates the

borough zoning regulations in that the plan doesn't minimize excessive noise,

but actually increases it by allowing concerts and adding an 87-person meeting

room to the library.

½Illegal¾ Actions

The Baumers allege the Borough Zoning Commission acted illegally, arbitrarily

and capriciously in reconvening the public hearing and accepting testimony and

exhibits after it had closed such hearing and then issuing a decision prior to

the date of adjournment; the commission illegally issued a decision on the

library expansion proposal without a vote on the record, such vote, if made at

all, preceding the adjournment date; and the commission used an incorrect

definition of the term "library" in approving the site development plan.

The Baumers claim the Borough Zoning Commission was predetermined to approve

the site development plan based on its May 22 approval of building height and

parking space zoning amendments requested by the library trustees so that

planning for the expansion project could proceed.

The plaintiffs are represented by Attorney Randall Carreira of Bridgwater. The

date for the commission to answer the charges in Danbury Superior Court is

August 1.

In the suit, the Baumers ask that the court sustain their appeal; direct the

Borough Zoning Commission to rescind its approval of the library's expansion

plans; and grant other relief that the court deems proper.

SUIT STORY SIDEBAR

BAUMER FILES FOI COMPLAINT AGAINST BOROUGH ZONING

B Y A NDREW G OROSKO

A Main Street resident unhappy with the Borough Zoning Commission's decision

to allow Booth Library to build an addition has filed a complaint with the

state Freedom of Information Commission (FOIC) alleging the zoners violated

the state's right-to-know law in approving the library expansion project.

In a June 27 letter to the FOIC, Edwin Baumer of 23 Main Street charges that

the commission violated aspects of the state's Freedom of Information Act

(FOIA) for allegedly denying public access to public hearings and recording of

votes. Mr Baumer also alleges that the commission illegally reconvened a

public hearing after its adjournment and/or held an illegal executive session.

Mr Baumer lives next door to the library and has protested its plans to

expand, claiming that a bigger library will damage his and his wife, Jean's,

quality of life.

Mr Baumer's allegations against the Borough Zoning Commission stem from its

actions at a June 13 session. The commission approved Booth Library's request

to expand its facilities from approximately 13,000 square feet to 35,000

square feet.

In his letter of complaint to the FOIC, Mr Baumer writes "The (Borough) Zoning

Commission (on June 13, 1995) closed and adjourned such public hearing to July

10, 1995. The commission then reopened the hearing that same night and

accepted other material from the applicant for the site plan. The commission

then deliberated on such application out of (the audible) hearing of those

present, did not keep a tape or a transcript of these deliberations and later

said they had voted on the application and approved it. There is no vote on

the record nor any tape or transcript of a tape indicating there was a vote."

The Freedom of Information Act approved by the Connecticut General Assembly in

1975 guarantees the right of public access to public agency documents and

public meetings.

Mr Baumer has filed lawsuits against the Borough Zoning Commission seeking to

overturn its May 22 approval of two zoning amendments which allowed the

expansion project to proceed, and to overturn the commission's June 13

approval of the library expansion project. (See related story).

STD HD; FIRE REPORTS

The following fire reports were recorded by the dispatcher at Edmond Town

Hall:

Thursday, June 22: 12:01 pm, investigation, Silver City Road, Hook & Ladder

responded; 12:59 pm, investigation of a small fire that had occurred earlier,

Whippoorwill Hill Road, Hawleyville responded; 3:24 pm, alarm no fire, Poverty

Hollow Road, Dodgingtown and Hook & Ladder responded.

Friday, June 23: 5:22 pm, car fire, 12 Berkshire Road, Sandy Hook, and Hook &

Ladder responded.

Saturday, June 24: 8:15 am, alarm no fire, The Boulevard, Hook & Ladder

responded; 12:49 pm, unfounded brush fire, Kale Davis Road, Sandy Hook

responded.

Sunday, June 25: 12:28 pm, alarm no fire, Ox Hill Road, Dodgingtown, Hook &

Ladder Aerial responded: 2:43 pm, sparking wires, Queen Street, Hook & Ladder

responded.

Monday, June 26: 8:49 am, alarm no fire, Georgia Pacific, 201 South Main,

Botsford and Hook & Ladders responded; 2:15 pm, alarm no fire, Newtown

Congregational Church, West Street, Hook & Ladder and Dodgingtown responded.

Wednesday, June 28: 2:15 pm, alarm no fire, Cornerstone of Eagle Hill, 32

Albert's Hill Road, Sandy Hook and Hook & Ladder responded; 2:31 pm, alarm no

fire, Cornerstone of Eagle Hill, 32 Albert's Hill Road, Sandy Hook responded;

3:18 pm, ambulance assist, West Street, Hook & Ladder responded.