The Role Of Planning And Zoning And The Conservation Commission

In a previous column I discussed the Zoning Board of Appeals (ZBA).  This column will look at the two appointed Land Use Commissions, the Planning and Zoning Commission (P&Z) and the Conservation Commission.  When a developer applies for permits, the first stop is the ZBA to get any required variances from town regulations approved.  The next stop is the Conservation Commission and the final hurdle is the P&Z.  What are the powers, duties and responsibilities of these commissions in Waterford?

Charter

The Charter establishes that Waterford will have a P&Z with all of the powers of a planning commission and a zoning commission as outlined in state statutes Chapters 124 and 126.  The five commissioners will be appointed by the Board of Selectmen (BOS) for five year terms and the three alternates will be appointed for three year terms.

The Charter also establishes a Conservation Commission with the duties and powers of Chapter 97 of the state statutes as well as Chapter 440 pertaining to wetlands and water courses.  The powers outlined in the statutes may be modified by Town ordinances.

Ordinances

The town ordinances reaffirm that the town has adopted the provisions of the state statutes regarding planning (Chapter 124) and zoning (Chapter 126).  They specify that the BOS will appoint the members and alternates to the P&Z and the BOS may appoint a person to fill an unexpired term.  The P&Z may grant exemptions to the town’s noise ordinance under specified circumstances.  P&Z may also grant exemptions that will permit the building of a structure on a lot facing an unaccepted street where the structure is in “harmony” with the zoning regulations.

P&Z appoints a representative to the regional planning agency, part of the regional council of governments, subject to the approval of the First Selectman.

The P&Z, upon the recommendation of the fire marshal, will establish fire zones at a site as part of the development approval process.   The P&Z is part of the approval process for parking lots.

The Waterford Utility Commission (UC) must get approval from P&Z before making any sewer excavations.

If P&Z gets an application for work on property on the coast line, the application must be reviewed by the Harbor Management Commission during the review process.

The P&Z is empowered to draft regulations to support its mandate

The ordinances state that the Conservation Commission will consist of seven members and three alternates appointed by the First Selectman for five year terms.  Members may be removed for cause and the First Selectman may fill unexpired terms.  The Conservation Commission is established “…for the purpose of the development and conservation of natural resources and reforestation, including open area, publicly or privately owned, open marshlands, swamps and other wetlands, and woodland and brushland within the territorial limits of the town.”   

The Conservation Commission works in coordination with the Utility Commission (WUC) regarding water resources and with P&Z regarding the town Plan of Development.    The Conservation Commission also has authority to publish regulations to protect the inland wetlands and watercourses in accordance with state statutes and the Department of Energy and Environmental Protection.  The Conservation Commission is required to hold a public hearing prior to enactment of any regulations and forward the regulations to P&Z for review and comment thirty-five days before the public hearing. 

The Conservation Commission may recommend the acceptance of gifts or the acquisition of land for the purpose of an easement or outright purchase of land to add to the open space inventory of town owned property.  The commission is required to maintain an inventory of all open space in town, whether private or public property.

P&Z and Conservation Commission fees are set by ordinance and, as such, must be approved as an ordinance change by the Representative Town Meeting (RTM) to be changed.  One representative each from P&Z and the Conservation Commission are representatives on the Waterford Housing Partnership.

State Statutes

As noted in both the Charter and the ordinances, the powers, duties, and responsibilities of P&Z reside in Chapters 124 and 126 of the state statutes.  I discussed the quasi-judicial nature of the land use commissions in my column on the Zoning Board of Appeals (ZBA).  Due to this nature, public hearings in Conservation, P&Z, and the ZBA are different than public hearings before the Board of Selectmen, Board of Finance, or the Representative Town Meeting.  The Commissions may only consider information provided during the public hearing when making the decision.  All hearings must be recorded verbatim and all evidence catalogued.  Like a civil court hearing, the applicant makes the case, those for and opposed are heard and then the applicant gets to respond to the comments made by the public.  Persons attending the recent Seaside Hearings by P&Z were surprised when the Chairman started to close the public hearing before they were allowed to comment on any new information provided by the applicant in response to previous testimony.  The Chairman was correct in moving to close the hearing.  The citizens were fortunate that he permitted them to make responses or provide any new information before closing the hearing.  The applicant normally gets the last word.

Besides the timeline and the how of conducting public hearings, Chapters 124 and 126 outline what the Zoning regulations should contain, how many members in the Zoning Commission, the appeals process to Superior Court for commission decisions, and what should be in the Plan of  Planning, Conservation, and Development.   The statutes also discuss the procedures for developing the plan and the approval process after the plan is developed. 

The Conservation Commission is established as a possible commission in a town.  In Waterford the Conservation Commission also serves as the Inland Wetlands and Watercourses Commission with a definite environmental protection mandate as set out in the state statutes.  Again, there is insufficient room to describe all of the duties required of a Conservation Commission by the statutes.