Protect the Partrick Wetlands
and our Community
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By Bonnie Adler Minuteman Staff Writer
They have spoken out in public in opposition to the proposed new development by ARS Partners of a 56-acre parcel of land in their neighborhood. They have been endorsed by the chairman of the organization, Matthew Mandell, who has been the leader of the opposition in the neighborhood battle against the proposed development.
Helen Block, James Cochrane and Sean Timmons each come to the race with a long list of qualifications and a strong desire to serve the public.
Can individuals with clearly stated preferences and opinions on controversial issues run for public offices, which may consider issues of personal concern to them, and still serve the community well and fairly?
Kathy Barnard, Director of the Planning and Zoning Commission, said this issue has come up many times in the past, because everyone on the P&Z lives in town and could be a neighbor of someone with an interest in a zoning matter under review.
There is a Connecticut statute which specifically addresses this issue. Section 8-11 of the state statute is entitled "Disqualification of members of zoning authorities," and says, "No member of any zoning commission or board and no member of any zoning board of appeals shall participate in the hearing or decision of the board or commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense."
Barnard said, "In the past, commissioners have stepped aside on an issue because they are 'affected neighbors.' It is up to the individuals, but that would probably be what we would suggest."
"If a commissioner gets a notice about a hearing and he or she lives in the requirement area, generally he cannot participate, but it is the member's decision," said Barnard.
"However," she added, "This is a very serious issue that affects the town. The town attorney may have to argue a case on appeal in court and they have to consider these things carefully. Members many times feel that they can participate in a fair manner."
There have been cases in the past where commissioners were accused of partiality, but in the two cases Barnard cited a judge found no evidence to support the allegations.
In the early 1990s, when the chairman of the Parks and Recreation Commission, Mike Rea, was in favor of putting ball fields in Wakeman Park, his wife, Carla Rea, was a member of the Planning and Zoning Commission that approved the ball fields. Neighbors appealed the decision and claimed that the P&Z was compromised because of that relationship, but a judge ruled in favor of the town.
In another case, involving the Compo Basin Marina project, Len Kaminsky, then a member of the P&Z, had a boat at the marina, but again, a judge determined that was not a conflict.
Barnard said that in the case of the ARS Partners plan, "therewould be a lot of instances where an opposing attorney could say 'you spoke against the project.' The town attorney's point of view would be to protect the town."
Barnard said that there are training sessions for the newly elected commissioners, and this is one of the issues that the Town Attorney focuses on. "We don't want to put commissioners in an embarrassing or awkward situation," she said.
Timmons, one of the GOP candidates, said, "Partrick is only one issue. The reality is that this plan will be approved or denied before I would be on the commission. If they come with another plan, it will be a brand new plan and we'll have to hear the whole thing from start to finish again.
"I don't believe there is a conflict because the issue is whether or not the proposal that is being submitted is appropriate," Timmons said. "My purpose in pursuing the P&Z is to fulfill a civic responsibility."
Block, another candidate said, "This is a thorny and difficult situation. I hope that the situation will be resolved before I start in an official capacity. I don't look at the Partrick Fund as a fight on one issue. I look at it as a microcosm of what ails the town of Westport.
"There are planning and zoning problems all over the town that are part and parcel of what people are feeling - the lack of open space, the spread of McMansions, etc.," Block said. "There are also health and safety issues. I look at things in a balanced way and see where others are coming from and how that jibes with our regulations. The better one is informed about the regulations, the more one can do a serious job. I'll approach the problems in a studious and serious way. One shouldn't make decisions without being informed.
"Of course, I will be guided by the legal system. We all are, but as we know, we have to fight for things that make sense to us as well."
Cochrane, a third candidate said, "It's a fair question. I look at it as a civic person who has lived here all my life. I want to get involved in more that just this one issue and the issues in town need to be addressed. It's time for a change."
Mandel, the director of the Partrick Wetlands Preservation Fund said in a statement to the Minuteman endorsing the three candidates, "As members of our non-partisan grass roots movement, their being nominated for election by the Republican party, confirms the empowerment of the people to address and seek change that would benefit all."
The P&Z is expected to make a decision on the ARS application in the next several weeks. But these candidates may have to deal with the application should it be postponed by the current commission in the event the commission calls for more environmental studies.
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