FEBRUARY 2005

This month, 'Town Works' visits with David Hale from the Planning and Zoning Commission. Hale has lived with his family in Killingworth since 1981 and has served on the Planning and Zoning Commission since 1995. He is member of the Lions Club, has served on the Land Use Committee, and was a youth soccer and baseball coach for many years. The PZC is composed of six members and three alternates. The Commission meets on the first and third Tuesday of each month.

The Planning and Zoning Commission (PZC) is an elected body of residents that is responsible for adopting and enforcing regulations governing the growth of a Town. The Connecticut State statutes, or regulations, enable towns to implement their individual Plans of Conservation and Development. The State also has a Planning Commission and there is a Regional Planning Commission, where areas towns can work together to guide growth. A PZC is permitted to write regulations, or develop a plan, within federal and state guidelines.

The Plan of Conservation and Development (Town Plan) is defined by a set of regulations voted on by the residents at a Town meeting. These regulations are carefully reviewed at least every ten years to update state and federal statutes and assess how the regulations fit the overall Town Plan. Some towns have two commissions; a Planning Commission to write the regulations and a Zoning Commission to enforce them.

Hale has an extensive background in highway construction, public safety, and sales and marketing. He said the qualifications to be a member of the PZC should include a desire to learn and a willingness to serve. His goals are to protect the air and water, and preserve the nature of the community.

The planning and zoning regulations in the Town Plan are based on how the Town wants to look and what the land will support. Killingworth has divided the Town into five areas: rural residential, industrial, municipal, small business and large business. For the most part these areas are defined by water and septic use. For example, a small business can exist in a large business zone, but a large business cannot open in the small business zone. The zoning area however is not the only factor. A small business can decide to open in the small business zone, but the regulations also define where it is allowed to build on the land, how high the building can be and where the parking lot is located. These are determined by the Town Plan and what is called 'soil based zoning'.

Soil based zoning assigns the areas of a property to a specific category based on soil quality: what the soil is composed of, how it interacts with water, and what type of use that area can support; such as a house, a road or a parking lot. These classifications help determine the best place for buildings and septic systems and help protect the water supply and sensitive areas of the land, like wetlands.

The Killingworth PZC reviews applications from residents and businesses who want to make certain types of changes to their properties. Anyone who owns property or is thinking about buying a business or property in Killingworth can meet with the Zoning Enforcement Officer to talk over their plans. Killingworth's ZEO is Cathie Jefferson. She determines if a person's plan is a regular permitted use, like building a house, putting up a shed or adding a deck, or whether it falls into the special permitted use category and must be heard by the PZC. If it is a regular permitted use, the application must be approved by the Inland Wetlands Commission, the Zoning Officer, the Building Official and the Sanitarian. Once everything is approved, a building permit is issued and work on the project may begin.

If the plan is determined to be a special permitted use, the individual or representative of the business must submit an application to the PZC and make a formal presentation. The PZC listens and asks questions about the plan, then can decide to ask for more information and make requests for certain changes, or can decide to send it directly to a public hearing so Town residents can ask questions, make comments and voice their opposition or support for the project. The PZC may also consult with a staff of experts to help them guide the town's growth. These experts include the Zoning Enforcement Officer, Town Attorney, Building Official, consulting engineers, the Sanitarian and the Fire Marshal. The PZC also works closely with the Inland Wetlands and Watercourse Commission to determine what effect proposals may have on the soil, water and land conditions.

Once the public has had an opportunity to comment on an application, the PZC will make its decision. It has several options: it can approve the application as is, or it can approve it with certain conditions; it can also deny the application or deny it with prejudice, which means the proposal cannot come back before the PZC for one year. Many people make informal presentations before the PZC to get an idea how the plan looks and if there are any problems that can be changed before the formal presentation. Hale emphasized the PZC's desire to work with residents.

Hale said that for the most part, the Commission votes unanimously on proposals because it hears support and objections during the hearing and Commission meetings, and discusses the plan thoroughly prior to the vote. He said the Commission's decisions try to balance the property owner's rights and interests against what is best for the public and the Town. The proposed use of the land must be judged on how it impacts the air, water and soil quality and how it fits into the Town Plan. The Commission is not allowed by State statute to disregard its regulations for a special case, nor can it stop growth from happening in the Town. Hale says the Commission's goal is "smart growth". Smart growth allows change but protects property values, and the Town's natural resources, like wetlands.

Next month ‘Town Works' will visit with John McMahon, who serves as Chairman of the Killingworth Board of Finance. If you have any follow up questions for the Selectmen or Planning and Zoning Commission members, or questions you would like asked next month, please email the editor@killingworthtoday.com. Please include your name, grade and teacher.

Links:
Meeting Minutes from the Planning and Zoning Commission
State of Connecticut Website
The Connecticut River Estuary Regional Planning Agency

Previous Town Works articles:
January 2005: Board of Selectmen