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08/14/2018 12:00 AMIn an effort to make the special permit application process easier and more affordable for property owners, the Planning & Zoning Commission (PZC) recently changed the zoning code to allow the commission to waive a second public hearing if it feels it’s appropriate. While all members of the commission supported of the change, some residents suggested the change might make it easier for controversial projects to quickly slide through the process.
A special permit is required for a range of uses that aren’t outright allowed or prohibited on a given site. The special permit allows the PZC to determine if a land owner’s plan will disrupt the surrounding neighborhood. A special permit is required for uses ranging from simple, such as adding an accessory structure or a home office, to extensive, such as the recently approved U-Haul plan on the former Mannix Motors site.
Since 2015, the PZC has had an amendment in the zoning regulations requiring a second public hearing for all special permit applications. That rule allows for more public input on big applications such as the recent U-Haul application, but can be a burden on residents seeking a special permit for something as simple as building a small deck.
Connecticut General Statutes do not require a second public hearing for special permits, so the commission was free to look at the town’s zoning code. At the PZC meeting on Aug. 1, the commission voted unanimously to keep the standard two public hearings, but added a clause that allows the commission to waive the second public hearing for an applicant if three-quarters of the commission is in favor.
“So the applicant would come in with the expectation of two public hearings and if we as a commission are satisfied or it is a fairly simple application or there is not objection or dissent from the public who wants more information, we could then make a vote to waive the second public hearing,” said PZC Chair Phil Johnson. “But the applicant would know from the onset that this is the requirement, but it could be waived.”
Commissioners said they had heard from the public that some saw this change as a rather devious move, but commission members said they are just trying to help residents with simple applications so they don’t have to pay an architect or engineer to present their plans in two public hearings when one would suffice.
“I think it serves the public 95 percent of the time and personally I can assure you if something is controversial, if something doesn’t pass the smell test, that I am not going to be voting for the second hearing to be waived,” Johnson said. “I am going to want to vet these things as thoroughly as possible, but for those applications that are really straightforward, we have a responsibility to the applicants who are also residents. To force them to either bring architects, engineers, or lawyers to a second public hearing can be a significant financial burden.”
Town Planner George Kral said since 2015, there have been about four controversial special permit applications including Oceanco and U-Haul. The total number of special permits issued since October 2015 is 71.
Commissioner Allyn Brown told audience members that the commission works for all of the people of Guilford and is just trying to do what is best.
“We are not here because we have some kind of agenda…We are here for you,” he said. “I’ll go with the three-quarters vote choice. I think that is the right way to go and if it doesn’t work, we can always bring it up and change it back for you, but please I hope you don’t have the idea that we are trying to push this through so we can push through some kind of deal. That is not it. That is not what we are here for at all.”
The commission unanimously approved the change to the zoning code, but members of the audience at the hearing were still against the application, with many insinuating that commission members are corrupt.
“I am in support of anything that enables the public to have as much input as possible and I am a little doubtful about what is behind trying to do this,” said resident Helen Carlson. “I am an ancient woman and I have been here a long time and I have been to many public hearings and been involved in many planning and zoning issues and I have seen a lot of manipulation and scheduling things at times when people won’t be here and all kinds of devious things over the years. I don’t mean to sound cynical, but it’s true, so I would be for anything that prevented that and enabled Guilford to have as much public input for the common good as possible.”
Patricia Klindienst, a strong opponent of both the Shoreline Greenway Trail and the U-Haul proposal, said she was opposed to the change and questioned how the commission would gauge the level of public interest on an application.
“The question of how you measure public interest is an important one,” she said.
However, local architect Russ Campaigne spoke in favor of the change. He said as a professional in the field, he sees this change as a benefit to all parties.
“As a professional that comes prepared for hearings, I think it is useful to not charge a client for a second round of meetings and for me—even though I love to visit you—to not have to be here for another night for routine applications that come before you as a board,” he said.