Town looks to exempt town property from zoning oversight via a law it's ignored for decades

PLAINFIELD — The first selectman is proposing to take advantage of a state provision exempting projects on town property from local zoning oversight, though Plainfield officials admit they haven't submitted such an application to the zoning commission in decades.

First Selectman Kevin Cunningham said on Wednesday there have been “lots of projects” involving modifications to town property that have skipped the town’s zoning oversight process and been completed without complications.

“I don’t know of one that’s gone through (planning and zoning) in 20 or more years,” he said.

If that timeframe - which was also referenced by other town officials - is accurate, the practice of by-passing the Planning and Zoning Commission for municipal project approval pre-dates Cunningham's administration by at least two former first selectmen.

Commission Chairwoman Karla Desjardins said she only learned of the exemption proposal when it appeared on the March selectmen’s agenda and derided the idea as one that would diminish the commission’s authority.

“We were not informed, notified or consulted beforehand on this proposal,” she said. “We commission members were elected by the people to enforce all zoning issues within the town. It’s important we review and be made aware of all projects in the town, not just those brought forward by residents.”

What the statute says

On March 27, the Board of Selectmen first discussed a proposal to adopt a section of state general statute Chapter 124, section 8.2, which states that any municipality that adopts the provision may “exempt municipal property from the regulations prescribed by the zoning commission” of the requesting town or city.

Statute 8.2 states that if a town has not availed itself of the state exemption, “municipal property shall be subject to (local zoning) regulations.”

What the Select Board has done

At the March 27 selectmen's meeting, 11 residents expressed their opposition to the proposal during the public comment portion of the meeting. At the April 10 meeting, Gardiner said the town should “not be above the citizens and avoid processes,” according to meeting minutes.

Selectmen on April 24 again discussed the policy change with Cunningham and Selectman Art Gagne - who has also publicly expressed concern over adopting the exemption - voting to send the motion to a May 30 town meeting vote. Selectman Scott Gardiner voted against the measure.

If the provision is adopted by a May town meeting vote of residents, the Plainfield Planning and Zoning Commission would have no right to review any aspect of a project proposed on town-owned land.

The reasoning for the exemption

Cunningham suggested it was the commission’s responsibility, or those town employees in the planning office, to know what municipal projects were being proposed in town and take steps to request they be presented formally.

Desjardins countered that state statute puts the onus of notification on the applicant -in these cases, the town - not on the commission. She couldn’t recall any instance of the town coming forward with an application for a town project in her nearly two decades on the commission.

“We are unpaid volunteers charged with reviewing applications brought to us,” she said. “Town officials should understand what they need to do under the law to present those projects to us. It would be an unrealistic expectation for us to somehow know there are projects out there that we were never informed about.”

When asked why municipal projects were not brought forward for local zoning approval during the length of this administration, Cunningham said, besides cost concerns, there was a worry that a project might be scuttled if brought before the commission.

He said the town could go through the process of garnering a project grant and designing the work “only to have three people (on the Planning and Zoning Commission) say no.”  He said projects on town land are overseen by in-house personnel, such as a building inspector.

Desjardins said a project brought forward for review by the commission can entail scrutinizing engineering and environmental plans, as well as notice of any potential impact to adjacent properties.

“That process allows for public comment and feedback,” she said. “This is the same process a resident would have to follow if they wanted to put up an oversized garage on their property. Why shouldn’t the town be required to follow the same standard?”

Cunningham said the town has never requested approval from the commission for projects related to municipal property or buildings and “many” such projects poised to move ahead may be scrapped for cost reasons, according to minutes from the commission’s April meeting.

“We should correct the process, not eliminate it,” Desjardins said.

Cunningham said having to go through a zoning review would almost certainly boost the price-tag for certain projects – including a grant-funded plan to revitalize Lions Park – due to the required engineering studies. He said other recently completed or upcoming projects, including those related to improvements at Moosup Veterans Park and the police station, moved ahead without input from zoning officials.

The specter of its authority being bypassed led the Planning and Zoning Commission to issue an April 11 resolution opposing the proposed change.

The document, approved through a unanimous bi-partisan vote, lays out the commission’s various areas of responsibility – ensuring correct height, size and location of a planned structure – as well as the role of zoning regulations when it comes to public safety, historic preservation, transportation and fair housing issues.

Cunningham has also stated a “few” other Connecticut municipalities have availed themselves of the statute exemption as cost- and time-saving measure.

What other communities do

Killingly Town Manager Mary Calorio on Monday said all proposed projects in town – private or municipal – must go before both the Inlands Wetlands & Watercourses and Planning & Zoning commissions before being green-lit.

“It’s the same as when I was working in Putnam,” she said. “We do waive any permit and application fees associated with any town project. Typically, it takes about a month to go through the regulation process, and we make sure to have compiled design plans and other documents ahead of time so we don’t run into any issues.”

Desjardins said projects brought to the commission in some cases can be discussed and approved the same night they’re brought forward. In other cases, action on an application may be pushed off a month for further study or to accommodate public comment.

“I don’t believe when it comes to zoning issues that faster is always better,” she said. “And the town shouldn’t get special treatment.”

John Penney can be reached at jpenney@norwichbulletin.com or at (860) 857-6965.

This article originally appeared on The Bulletin: Plainfield seeks exemption from zoning regulation it already ignores