Date: Fri 07-Jul-1995

By ANDY GOROSKO

Published: Aug 11, 1999 12:00 am

Publication: Bee

Author: ANDYG

Quick Words:

A7-Baumer-library-addition-foi

Full Text:

BAUMER CLAIMS BOROUGH LIBRARY ACTION VIOLATED FOI (A7)

B Y A NDREW G OROSKO

In the latest in a continuing series of legal actions against the borough and

town, a Main Street resident unhappy with a Borough Zoning Commission decision

has filed a complaint with the state Freedom of Information Commission (FOIC)

alleging that borough zoners violated the state's right-to-know law when they

approved the Booth Library expansion project.

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

the borough zoners 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 reconevened 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."

Mr Baumer has filed two lawsuits against the Borough Zoning Commission in

connection with the library expansion project.

One lawsuit seeks to overturn the borough zoners' May 22 approval of two

zoning amendments which allowed planning for the library expansion project to

proceed. The other lawsuit seeks to overturn the borough zoners' June 13

approval of the library expansion project.

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The Way We Were

It’s important to clarify the tone and context of Derek Pisani’s remarks, particularly the satirical line about suing Newtown for "Gross Stupidity." This was clearly a tongue-in-cheek jab at the exhausting culture of legal threats that’s become a staple on the local Facebook Group forums. It was a reflection of frustration over endless regulatory hurdles and obstructionism, and the desire to avoid common sense solutions not an insult aimed at residents. Satire, is meant to provoke thought and highlight the absurdities. If we are unable to distinguish between satire and literal threats, perhaps the comment hit closer to the truth than we’d like to admit. Rather than focusing on Pisanis style, we should be discussing the substance of what he’s pointing out: that Newtown’s progress is being routinely blocked by a small but vocal contingent who seem intent on saying “no” at every turn. They are saying no to any development, no to common sense solutions to crowd control, etc. Newtown deserves leaders who are willing to call things as they see them, even if their language ruffles feathers. That doesn’t mean they lack respect for constituents—it means they care enough to challenge the Mob and push for solutions. Isn't that what we elect people to do? I applaud Pisani's dedication, he certainly has earned my vote. Regardless, let’s not reduce conversation to tone-policing and outrage. Let’s focus on the issues that matter.

Who is Calling Newtowners Stupid?

Thank you for pointing out the trail access provisions included in the BOS motion—it’s an important clarification that deserves more attention in this conversation. If the development is, in fact, required to provide permanent free public access and commit to ongoing maintenance of this section of the Rochambeau Trail, that is a remarkably beneficial outcome for the town. oIt’s not every day that a private project shoulders the long-term burden of preserving and caring for a public historical corridor at no taxpayer cost—especially one that previously had no formal access, upkeep, or visibility. Let’s be honest: the idea that the only way to protect history is by preventing any development nearby is a rigid and unworkable standard. What’s being proposed here appears to strike a rare balance—historic preservation, public access, and smart development all rolled into one. That’s not a loss its a win. So rather than allowing a handful of voices to derail progress under the banner of “historic purity,” maybe it’s time to acknowledge the reality: this trail is better off with structured stewardship and visibility than remaining an overgrown ghost on old maps. Let’s move forward. Bring in the easement, bring in the public access—and yes, bring in the bulldozers!!! Progress and preservation can coexist. Let’s not let the NIMBY use fear or nostalgia keep us stuck in the past.

Discusses Rochambeau Trail And 6 Commerce Road

I've heard that several people are under the impression that the public might be banned from the Rochambeau Trail. Points 2 and 3 from the BOS motion (included in full below) make it clear that public access to the trail is part of the requirements for the developer. From what I understand, it requires free public access to the trail in perpetuity. Technically, this could be argued to be a "payment-in-kind," that attempts to balance public good with overall town growth. We can argue about weather that balance is acceptable and how the trail may be affected, but with the understanding that the trail is expected to be maintained as a publicly accessible trail regardless. July 15, 2024 Board of Selectmen approved motion: Discontinuance of Reservoir Road: Selectman Cruson moved the resolution: Resolved, that the Newtown Board of Selectmen, in accordance with Section 2-115(d)(8) of the Town Charter and Conn. Gen. Stat. §13a-49, and subject to the conditions set forth below, hereby discontinues an unimproved portion of Reservoir Road described as “Portion of Reservoir Road to be Discontinued “on that certain survey map which will be recorded on the Newtown Land Records titled “Map Showing Portion of Reservoir Road to be Discontinued” dated August, 2023 and revised September 15, 2023, and certified substantially correct by Gregory Szyszowski of SLR (the “Survey Map”), said discontinuance contingent and effective only upon the completion of the following: 1. The approval of an application for the development of land in the manner described in a letter from Attorney Thomas W. Beecher to First Selectman A. Jeffrey Capeci and Members of the Board of Selectmen dated May 30, 2024, pursuant to the “Residential Open Space Development” regulations of the Borough of Newtown by the Borough of Newtown Zoning Commission, and construction of that approval project within the timeframes required for special exception approval; 2. The inclusion of the discontinued portion of the road as part of the final Declaration of Conservation Restriction; 3. The conveyance of a mutually agreeable public easement to the Town of Newtown for pedestrian, bicycling, equestrian, and all other passive recreational uses (to exclude the use of motorized vehicles except as may be necessary by the Town or its designee to effectuate the purpose of the easement), and for municipal utility purposes; Be it further resolved, that Castle Hill Real Estate Holdings, LLC., its successors and assigns, shall not use any portion of the discontinued road as a vehicular road or access way to and from any developed portions of the property. Be it further finally resolved, that should any of the foregoing contingencies not occur, then the discontinuance contemplated herein shall not become effective and this resolution will become null and void. From: https://www.newtown-ct.gov/sites/g/files/vyhlif12216/f/minutes/bos_7-15-24_min-_att_final.pdf

Is this paper road (roads that only exist on paper map but not in reality) even owned by the Town? Many roads that predate the Town's road standards are privately owned and were never accepted by the Town, such as many of the nonconforming roads around the lake communities where the property owners own right to the center line. That is something we had to deal with when working on the Roads Ordinance a few years back. We also had to deal with a private road to run the utilities to the new SHS.

For anyone who wants to know, I cant post a link here, but Housatonic Resources Recovery Authority has an entire website. Look up "HRRA whats in whats out"

I Get It!

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Date: Fri 07-Jul-1995

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