In the Matter of a Complaint by                                         FINAL DECISION


J & M Realty Associates,




            against                                                       Docket # FIC1988-343


Mark Massoud, Chris Appel, Michael Zotos, Robert Sweeney, Environmental Impact Commission of the City of Danbury and Payne Road Development Corporation,


                        Respondents                                             January 11, 1989


            The above‑captioned matter was heard as a contested case on November 21, 1988, at which time the complainant appeared and requested that the Commission issue an order consistent with a stipulation dated November 15, 1988 and signed by the complainant and the respondents.  Included in the stipulation was a provision that Payne Road Development Corporation be named as a respondent for purposes of entering into the stipulation.  The parties further stipulated to the following:


            1.  The motion to take a secret ballot and the vote by secret ballot at the July 27, 1988 meeting of the respondent commission shall be declared null and void;


            2.  The application of Payne Road Development Corporation shall be placed on the respondent commission's agenda for action;


            3.  The public hearing on the application of Payne Road Development Corporation is closed; and


            4.  The respondent commission will take action on the application within forty‑five days of the Commission's order in the above matter.


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


            1.  The parties forthwith shall act in accordance with their November 15, 1988 stipulation, more fully described above.


            Approved by order of the Freedom of Information Commission at its regular meeting of January 11, 1989.



                                                                             Catherine H. Lynch

                                                                             Acting Clerk of the Commission