FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Robert E. Hanson,

 

                        Complainant

 

            against              Docket #FIC 89-336

 

Chairman, Town of Winchester Planning and Zoning Commission and Town of Winchester Planning and Zoning Commission,

 

                        Respondents                 March 28, 1990

 

            The above-captioned matter was heard as a contested case on February 13, 1990, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated July 24, 1989 to the respondent chairman, the complainant made a request to examine any documents pertaining to a change in zoning laws since March 1, 1989.

 

            3.  By letter of complaint filed August 24, 1989, the complainant appealed the respondent chairman's denial of this request, and the complainant also alleged that on August 14, 1989, the respondent commission voted to make a zone change effective as of August 18, 1989 without the benefit of public hearings on the petition.

 

            4.  At hearing, the sole issue was the alleged denial of access to public records identified in paragraph 2, above.

 

            5.  It is found that the respondents reconstructed in stages a file of documents identified in paragraph 2, above, when the respondents discovered that a comprehensive file on the matter was not in existence.

 

            6.  It is found that the respondents did not deny the complainant access to those documents they had on file at any

 

Docket #FIC 89-336                           Page 2

 

time that the complainant appeared and requested to examine said records.

 

            7.  It is found that the complainant actually sought access to two letters he believed the respondents should have had on file with the information he requested as identified in paragraph 2, above.

 

            8.  It is found that the respondents made a diligent search on behalf of the complainant for the letters in question but were unable to find the letters in their files.

 

            9.  It is concluded that under the facts presented, there is no basis to grant relief to the complainant.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  The complaint is hereby dismissed.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 28, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-336                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

ROBERT E. HANSON

c/o H. James Stedronsky, Esq.

Ells, Quinlan & Robinson

53 Park Place

P.O. Box 589

Winsted, CT 06098

 

CHAIRMAN, TOWN OF WINCHESTER PLANNING AND ZONING COMMISSION AND TOWN OF WINCHESTER PLANNING AND ZONING COMMISSION

c/o Judith Dixon, Esquire

Dixon & Brooks

45 Center Street

Winsted, CT 06098

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission