In the Matter of a Complaint by Report of Hearing Officer
Dennis J. Nolan,
Complainant
against Docket #FIC78-160
Town of Beacon Falls; Planning
and Zoning Commission of the
Town of Beacon Falls; and the
Zoning Enforcement Officer of
the Town of Beacon Falls,
Respondents November 1, 1978
The above captioned matter was heard as a contested case on September 20, 1978 at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found.
1. The respondents are public agencies within the meaning of §l-18a(a), G.S.
2. By letter dated August 11, 1978 the complainant requested copies of applications for building permits and/or certificates of zoning compliance pertaining to a garage extension and a wooden frame building located on Pent Road in Beacon Falls.
3. The complainant had made several earlier efforts to obtain the same documentation by oral request.
4. After receiving no response to his written request from the respondents, the complainant filed this appeal with the Commission on August 21, 1978.
5. On or about September 19, 1978, the day prior to the hearing, the complainant received the records which he had requested.
6. It is concluded that despite the compliance just prior to the day of the hearing the respondents denied the complainant access to the requested records by failing to comply with the complainant's request within four business days as required by §1-15, §l-19(a) and §l-2li(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:
1. The respondents shall henceforth comply with the requirements of §1-15, §l-19(a) and §l-2li(a), G.S.
Approved by order of the Freedom of Information Commission on November 29, 1978.