Newtown’s Zoning Enforcement Officer Tries To Be Firm But Fair

By Andrew Gorosko

Gary Frenette drives a blue town pick-up truck down South Main Street on a frigid January day headed toward Botsford to check out some zoning violations.

After cutting onto Bear Hills Road, he turns onto Lori Lynne Circle, where at the end of the dead-end street, he inspects an accumulation of scrap material and debris arrayed across a front yard.

The mass of industrial objects on the property has been an annoyance to neighbors for years. The town has been enforcing its zoning regulations at the property since the late 1970s. Mr Frenette, who has worked for the town as zoning enforcement officer since May 1998, takes mental notes on the condition of the property and then drives off to check on another of the several dozen enforcement cases he is pursuing, either through the art of persuasion, or through court action.

Taking stock of where things stand compared to a year ago, Mr Frenette said, “There seem to be less severe violations. Some have been cleaned up. Several individuals have paid [court-ordered] fines.”

“I think the people are probably getting the message” about zoning enforcement, he said.

 Mr Frenette said the most common complaint he receives involves people annoyed by their neighbors parking unregistered motor vehicles outdoors. Tires and auto parts often surround such vehicles, creating the look of an auto salvage yard.

In fact, the bulk of his enforcement work stems from complaints lodged by neighbors upset by various conditions on nearby properties, Mr Frenette said.

Violations of the town’s sign regulations, which are among the toughest rules to enforce, seem to have decreased, Mr Frenette noted. Sign violations are difficult to enforce because violators do not consider the violations to be serious matters, he said.

Heading back across South Main Street, Mr Frenette drives the town pick-up truck out of Botsford Hill Road and then down Dusty Lane. From his truck he spies a Dusty Lane property where the owner had had many zoning violations. Many of those violations have been cleaned up, but a truck and boat still remain illegally parked on the property, Mr Frenette notes.

Of zoning enforcement, he said, “I think things are going smoother. I think people realize we are doing a good job. Nobody wants to live next to a pigsty.”

“A lot of people think they can just do what they want. That is the old school mentality. Years ago, people put ‘whatever’ in their yards. Now, it’s a different ballgame,” he said of the town’s many zoning regulations. But slow responses by violators to rectify zoning violations are a common problem, he noted.

Included among the 30 to 40 files he keeps on his Canaan House desk for enforcement action are four active court cases, Mr Frenette said.

The court actions concern the Oliver property on Lori Lynne Circle, McLaughlin Vineyards on Alberts Hill Road, the Lennon property on Toddy Hill Road, and the Pressmar property on Jeremiah Road.

“Violators come from all walks of life,” Mr Frenette said.

Zoning Compliance

Besides responding to complaints about zoning violations, Mr Frenette’s work involves checking out new homes for compliance with applicable zoning regulations. Such an inspection is required before a home is granted a certificate of occupancy, the document issued by the town building department which legally allows a home to be occupied.

“I have to go through every new house,” Mr Frenette said.

The days of the quarter-million dollar new house in Newtown are over, he said, noting that the low end of the new housing market is now closer to $350,000.

Mr Frenette turns his blue pickup truck off South Main Street and heads up Brushy Hill Road, a rolling rural neighborhood with widely spaced homes.

He pulls up at a new home which workmen are readying for occupancy.

The enforcement officer enters the stately yellow house and inspects it, ensuring the structure meets applicable zoning rules. He meets the builder and asks about progress on the job, learning that workmen are pushing hard to have the premises ready for occupancy in five days.

Each week Mr Frenette typically visits five or more new homes being prepared for occupancy.

The next stop on his inspection tour is an elegant new home under construction in the Autumn Ridge development off Butterfield Road.

A walk through the building indicates it meets applicable zoning regulations.

Inspecting new houses for zoning compliance is interesting work, Mr Frenette explains, noting that each house is different.

An imposing exterior may reveal a fairly ordinary interior space. In other cases, a common facade may open into a finely detailed, elegant interior.

 

Philosophy

Of his approach in enforcing the town’s zoning regulations, Mr Frenette said, “I believe in being firm, but fair. I enforce all regulations equally.”

   “You have to be diplomatic. I always try to knock on the door, or send out a letter if there’s no one home. As long as someone’s making progress, I’m not going to bring them to court, because that would only make the situation worse,” he has said.

 Going to court on an enforcement case is not something the town does lightly, he has said, noting that seeking a court order to correct a zoning violation can cost the town $5,000 to $10,000 in legal expenses.