New Enforcement Officers—

Adding Some Muscle To The Town’s Zoning And Wetlands Regulations

By Andrew Gorosko

Newtown’s zoning regulations are supposed to protect the public’s general welfare, health, and safety, but regulations alone are not enough to guarantee that protection. Newtown now has two part-time enforcers to add a little muscle to its written rules.

Ann Astarita of Sandy Hook works 25 hours per week enforcing the wetlands rules.

Ken Gardner of Danbury works 19 hours a week enforcing the zoning regulations.

Both started working for the town late last year following a town land use agency reorganization. In that reorganization, George Benson was promoted from land use enforcement officer to land use agency director. Also, Rob Sibley was promoted from conservation official to land use agency deputy director for conservation.

Mr Benson said this week that Ms Astarita and Mr Gardner focus their efforts on enforcement, spending much of their time in the field dealing with violations.

Ms Astarita aids Mr Sibley with wetlands enforcement work, and Mr Gardner assists Gary Frenette who is the town zoning enforcement officer.

Also, Ms Astarita conducts wetlands enforcement in the borough. Jean St Jean handles the borough’s zoning enforcement duties.

“It has worked out really well….They’ve done a great job,” Mr Benson said of the new hires. He noted that the new staffing arrangement has allowed the town to become proactive in terms of its land use enforcement.

After starting work, Mr Gardner focused his enforcement efforts on the many commercial sign violations that were occurring along South Main Street, getting business owners to comply with the zoning regulations’ restrictions on such signs, according to Mr Benson.

Also, Ms Astarita, who has a lengthy background in environmental science, has pursued various wetlands violations across town, Mr Benson said. She is currently studying erosion control measures to aid her in her enforcement duties, he said.

Ms Astarita has a master’s degree in environmental science from the University of New Haven, She has worked in environmental science positions for the past 20 years, having served as an environmental analyst for a lawyer, and as an environmental consultant to developers, governments, and institutions.

Also, she has done volunteer work for Trout Unlimited, the Pootatuck Watershed Association, and the Pomperaug River Watershed Coalition.

Ms Astarita said she considers herself to be generalist in environmental matters.

Mr Gardner formerly was a noncommissioned officer in the US Coast Guard, an organization which has an enforcement component. While in the Coast Guard, his duties included serving in a navigation unit, installing scientific instruments at sea, and working on fisheries patrols.

Mr Gardner currently is seeking dual bachelor degrees at Western Connecticut State University in Danbury in the fields of earth/planetary science and secondary education. He plans to graduate in May 2009.

Of his zoning enforcement duties in Newtown, Mr Gardner said that most people he encounters on enforcement matters are generally pleasant, although some violators prove challenging to deal with.

“It just depends on the folks,” he said.

 Much of Ms Astarita’s work involves dealing with violations concerning the illegal clearing and filling of wetlands.

 On encountering such activity, she said she initially asks violators if they are aware that the town has wetlands regulations. She said she finds most people to be reasonable as she seeks to explain the wetlands regulations to them. “Most people are very amenable,” she said.

Some people, however, prove challenging to deal with, she added.

Mr Gardner said the biggest problem that he encounters is that violators are unaware of the zoning rules that address their violations.

While enforcing the zoning regulations, sometimes it is necessary to simply let people vent their negative emotions, he noted.

Mr Gardner said he is now working on zoning enforcement issues in the Riverside section, near Lake Zoar. He said he mails residents many letters in seeking to get compliance with zoning violations.   

Ms Astarita said that people sometimes forget that it is necessary to obtain wetlands permits before conducting regulated activities, after which they must obtain permits.

The town holds far more wetlands than one would suspect, she said.

Although she seeks to be diplomatic in handling wetland violations, sometimes it seems that the only way to get a violator’s attention is to issue them a fine, Ms Astarita said. And such fines can be expensive, she added.

Ms Astarita said it is preferable that people voluntarily comply with the regulations, rather than receive fines for violations.

Both Ms Astarita and Mr Gardner urge that people who have any questions about whether their land use activities are regulated should contact them at the town land use agency at the municipal office complex at 31 Peck’s Lane. Ms Astarita’s telephone number is 270-4350. Mr Gardner’s telephone is 270-4276.

The town’s website on the Internet includes the various land use regulations covering Newtown. The town’s Internet address is www.newtown-ct.gov/Public_Documents/index