Editor’s note: The following is a newsletter sent on the Town e-blast system from the Planning and Zoning Commission on July 16, 2024 and published on the Town website, where it was signed by P&Z Commission Chair Rick Tomasetti.
Introduction
Following the “State of the Town” [event] and the First Selectman‘s recent newsletter, we are compelled to send this Planning and Zoning Commission (PZC) Newsletter to correct factual and legal errors. This document aims to clarify the organization and dual mandates of the PZC, how we adhere to statutory requirements, our public hearing process, the way we receive public input, our commitment to independence, and how property owners rely on our objectivity.
[Editor’s note: GOOD Morning Wilton published a story following First Selectman Toni Boucher‘s June message to residents regarding comments she made about the current P&Z Commission.]
1. Organization and Dual Mandates of the PZC
The PZC is comprised of nine volunteer members, all of whom are duly elected. Six of the current members are in their second term, having run for re-election based on their record of actions on the PZC. All PZC members are unpaid volunteers who dedicate many hours to reviewing applications and participating in meetings.
The PZC has dual mandates: planning and zoning. Planning involves developing long-term strategies for the town’s growth and conservation, while zoning focuses on regulating land use and ensuring that development complies with established regulations. These dual responsibilities ensure that Wilton’s development is both strategic and compliant with legal standards.
2. Adherence to Statutes: POCD and Master Planning
Planning in Wilton follows the statutorily-mandated Plan of Conservation and Development (POCD) process as required by Connecticut General Statutes Section 8-23. This mandates that municipalities produce a plan for a 10-year outlook on conservation and development. The Wilton POCD was adopted in 2019. The POCD process was comprehensive and involved a town-wide, all-of-government approach conducted by a professional, independent planning consultant paid for by the Town. Multiple meetings, statistically significant surveys, and public action meetings ensured broad community input. The final POCD included action items for all town boards, one of which was for the PZC to prepare master plans for various districts within the town.
The PZC developed a Master Plan for the Greater Wilton Center area, again first conducted by a professional, independent planning consultant funded by the town and fully vetted through public hearings. The recommendations from this process were adopted following public meetings by the PZC, ensuring compliance with statutory requirements and community involvement.
Contrary to the First Selectman’s statements about the PZC members having an
“agenda,” PZC members endeavor to comply with the mandate to uphold to the POCD, Master Plan, and applicable regulations. Statements alleging otherwise are inflammatory and evidence a lack of understanding of the legal requirements for
approvals and denials of applications. Denial of an application that complies with the regulations, or falls under a statutory exception such as CT General Statutes Section 8-30g, must have a legal statutory basis.
3. Application Public Hearing Process for Special Permits
The PZC adheres to all requirements for public comment and participation as mandated by Connecticut General Statutes Section 8-3c. The application public hearing process includes the following steps:
- Submission: The applicant submits an application.
- Review for Completeness: The application is reviewed by staff for completeness.
- Acceptance: Upon staff review for completeness, the application is accepted by the commission at the next regularly scheduled meeting.
- Scheduling: The commission formally accepts the application and schedules a public hearing.
- Staff Review: Staff reviews the application for compliance with regulations and issues a staff report to the commission.
- Presentation: The applicant presents [its] application to the commission at the public hearing. The commission and staff question the applicant, asking for additional information and supporting data.
- Departmental Input: Other commissions and departments also weigh in and report to the commission, such as the Architectural Review Board, Village District Design Advisory Commission, Conservation Commission, Police Department, Fire Department and Department of Public Works.
- Additional Hearings: Other commissions, such as the Inland Wetland Commission, also hold public hearings to ascertain if the application adheres to their regulations, standards and practices.
- Third-Party Review: Depending upon the application, the PZC may, at [its]
discretion, require a third-party independent review of selected aspects of the
application, such as traffic. These reviews are conducted by expert consultants and their costs are borne by the applicant. - Responses: The applicant presents [its] answers to the commission’s questions,
and staff and the applicant present answers from other commissions/agencies. - Public Comment: Upon completion of the applicant’s presentation, the PZC opens the hearing to public comment. Public comment is accepted during the public hearing and anytime prior to the close of the hearing by written correspondence (mail, hand delivery, or email) to the Town Planner. All public comment must note the application being discussed. Verbal public comments during the hearing are typically limited to 3-5 minutes; if time allows, additional time may be given.
- Closing Statement: The applicant presents [its] closing statement.
- Closing the Hearing: The public hearing is closed.
- Deliberation: The commission deliberates; no additional public comment or evidence by the applicant is allowed. The commissioners may ask clarifying questions of staff, review the record, and rely on any and all information submitted during the public hearing. Additional information is not accepted.
- Draft Decision: Upon completion of deliberation, the commission may decide there is a consensus and direct staff to prepare a draft approval or denial.
- Final Vote: The commission votes to approve or deny the application. Approvals may contain conditions of approval. A denial states why the application is denied and includes specific sections of the regulations.
Note: all application materials are available to the public at the Planning and Zoning Department or on the town’s municipal website.
4. Receiving Public Input
The PZC’s decisions must be based on sound planning principles and compliance with zoning regulations. Input from residents regarding an application’s compliance with zoning regulations, or on other matters over which the PZC has discretion (landscaping, design, etc.), is welcome and accepted during applications where there is a public hearing. Comments regarding specific applications must identify the application being discussed and may be sent via mail, hand delivery, or email to the PZC or given during public hearings once opened.
Despite statements to the contrary, the PZC is unable to consider comments on general topics. This is important because all PZC decisions must be based on a record of the application, and comments must be included in the record. General comments intended to influence PZC members may not be included in the record of a particular application, potentially posing a legal issue.
Further, the PZC is unable to respond to emailed questions, although applicants may
respond to questions about their applications.
5. Maintaining Independence and Ensuring Objectivity
The PZC is committed to maintaining its independence from undue influence by any
elected officials. We are particularly concerned with the First Selectman’s inaccurate
statements with respect to PZC. Attempts by any elected official to have special
influence over PZC decisions contravene the spirit of the statutes granting authority to the PZC and potentially compromise the integrity of the planning process. Emails and other communications regarding PZC should be sent directly to PZC. This ensures that all communications are properly documented and maintains the integrity of the PZC’s decision-making process.
Property owners must be assured that their applications are reviewed fairly and
objectively. The PZC adheres to established regulations and statutory requirements,
ensuring that all applications are judged on their merits without undue influence or off-record commentary. This adherence to process and legal standards is crucial for
maintaining the trust and confidence of property owners in Wilton.
Conclusion
In summary, the PZC is dedicated to ensuring that Wilton’s development is both
strategic and compliant with legal standards. We adhere to statutory requirements,
maintain independence from undue influence, and ensure that property owners can rely on our objective review process.
We hope that this document has corrected the errors in other communications and
answered questions about the PZC’s process. Residents have in our Town Planner
Mike Wrinn a valuable and knowledgeable resource for questions on the process,
policies and procedures of the PZC. Anyone seeking additional accurate information is encouraged to reach out to his office.