DERBY — Members of the Derby Planning and Zoning Commission ordered an investigation Tuesday into the alleged use of a garage at 49 Burtville Ave. as a clubhouse for The Punishers Motorcycle Club.
The research will be conducted by Barbara Schellenberg, the P&Z’s lawyer, and Ryan McEvoy, of Milone & MacBroom, the city’s engineering firm.
The Punishers are a charitable group of bikers, many of whom are said to be police officers, first responders, correction officers, military vets, and their supporters.
They’ve been using 49 Burtville Ave. as some type of home base for at least a year, which could be a violation of the zoning rules governing the use of the property.
Complicating the matter is the fact that the use allegedly happened under the watch of Derby Zoning Enforcement Officer/Building Official Carlo Sarmiento, a member of the club.
Sarmiento hired a lawyer and resigned as ZEO last month after the issue was put on the agenda of the Derby Planning and Zoning Commission.
Sarmiento is still the city’s building official and is collecting a full salary of about $74,000 even though he now has less responsibilities. The Derby Aldermen will likely revisit the position at next month’s meeting.
A Go Fund Me had been set up to help with his legal expenses.
Though the issue was scheduled to be discussed last month, the Derby P&Z canceled its meeting and opted instead to talk about the matter at a meeting Tuesday night.
At the heart of the matter is the question of whether a public official showed favoritism by allowing an improper use to exist because he was connected to the group benefiting from the improper use.
David Kopjanski, the city’s former building official and zoning enforcement officer who is now a member of the Derby P & Z, was among the first to ask questions.
“We received this complaint over a month ago. Has the city conducted an investigation on this, and if so, I’d like to see the written report on that,” Kopjanski said.
Apparently no written report on this matter exists, so the P&Z moved to do something themselves.
Attorney Dominick Thomas attended Tuesday’s P&Z meeting, saying he was representing the property owner. He said anonymous material has been submitted to the city, which he reviewed. The documentation contains photographs — some of which shows Sarmiento and a large group at a bar inside the garage — from two years ago.
Thomas said he told the property owner that the property’s zoning prohibits the place from being used as a social club.
But people are allowed to gather at the location and repair motorcycles, Thomas said.
Usually a zoning enforcement officer would straighten out an issue such as this. But, since Sarmiento was involved and has resigned, the responsibility falls to the Derby P&Z.
Ted Eswtan, the commission’s chairman, indicated the commission needs facts — of which there seem to be none at this point.
“If it was an issue before and it was cease and desisted, what were they given a zoning letter of compliance for? What actually is supposed to be there? I don’t have that data,” Estwan said. “What did our ZEO (meaning Sarmiento) give them in their application at 49 Burtville to use their space as? I don’t have it. I don’t know.”
“If it’s a motorcycle repair shop, where’s their dealer license? Do they repair motorcycles? Or is it really a clubhouse? I don’t know. I’m just trying to find out ‘what was it authorized to have?” Estwan said.
The investigative report is expected to land on the desk of the P&Z at its next meeting in September.
The full discussion of the matter from Tuesday night’s Derby Planning & Zoning meeting is embedded below. Press play to listen.
