There has been a lot of discussion lately about the role of the Planning and Zoning Commission and the Zoning Board of Appeals. Without discussing the specifics of particular cases the role of the Planning and Zoning Commission is largely governed by state statute. Specifically its actions are protected from being affected by other aspects of town government including the legislative body of the town. In all but the very smallest of towns (those with populations less than 5,000), they are also isolated from the board of selectmen.
They are charged with writing zoning regulations for the town. These can vary by town. Those regulations specify what one is allowed to build and what particular structures can be used for. Some structures can be built without any consideration from the commission. Some require permits which can be issued by the land use staff, and some require special permits issued by the commission.
To modify the regulations or grant a special permit the commission must hold a public hearing. Following the hearing there is a discussion between the board members (without further public comment) and then a vote. Simple majority wins.
The board consists of five members and three alternates, all named by the Board of Selectmen. In some towns the regular members are elected. Terms are five years and minority representation rules require no more than four members from one party. Alternates serve two years and by ordinance, no more than two can be from the same party. As on all other boards, nominations are made by the town political committees or people can self-nominate. The board is supported by a land use consultant who has expertise in state regulations regarding the full spectrum of land use. This is important because the commission members vary specifically in qualifications and expertise. The town also hires a Zoning Enforcement officer who makes certain that the conditions attached to a particular permit are followed and that all structures comply with the regulations.
The granting of permits by the Planning and Zoning Commission are final after a hearing is held and the vote is taken. The opinions expressed at the hearing may or may not be considered. Once a vote is taken if someone feels a permit was granted in error the only recourse is Superior Court. For a court to hear a case the complaintant must demonstrate that they are directly affected by the error, usually by showing proximity to the property. Again, almost all of this is determined by statutes. The town’s zoning regulations must also comply with the state’s statutes. The next article will be about the Zoning Board of Appeals.
Photo credit: Richard Falco
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