November 13, 2013 Bruce Mortimer 11 Center Street Collinsville, CT 06019 Board of Selectmen 4 Market Street Collinsville, CT 06019

Subject: Risk in Land Use Process Change The process of making land-use decisions affects many in our community, both residents and non-residents alike. These decisions stakeholders represent varying interests, and it is the role of the land use decision making process to balance these interests. Because of the wide reaching effects, these decisions must be made with care. Considering both the present situation, while in keeping with long range objectives, to ensure they will stand up to the test of time and to any challenges arising from parties working to insure their interests and concerns were addressed with due consideration. I am writing because I believe the process which was used to combine the Planning and Zoning of Canton enacted by Ordinance #236, puts the town at risk of just such a challenge. It is my interpretation that the process by which the Board of Selectmen have made these changes to the agencies involved was not in compliance with the Town Charter or the General Statutes of Connecticut. If my interpretation is correct, this change has created a standing risk that any and all official actions taken or decisions made by the Planning and Zoning Commission could be challenged and possibly nullified. The impact on the town and those doing business in the town, could be significant and perhaps costly if the town is called on to answer civil suits and settle other distractions ranging from a disruption of the orderly flow of the Land Use decision process to a complete reversal of decisions and actions, necessitating the need to repeat the process. The following is a summary of the basis for these concerns; The authority of the Board of Selectmen to enact Ordinance is bound by the Town Charter and state statutes. 1. Town Charter specifies in Section 10.02, Appointive Agencies, paragraph E that the Town Meeting has sole authority to create Permanent Agencies such as the Planning and Zoning Commission.

The Board of Selectmens authority with regard to creating agencies is limited to that conferred under Section 6.05, Specific Powers of the Board of Selectment, which covers temporary agencies in Paragraph I, Appointment of Temporary Advisory or Study Committee to the Board. 2. The Town Charter goes in the same section and paragraph to limit the abolishment or change to any Permanent Agency to the Town Meeting as well, and in no event in less then 30 days after the date of the action. 3. The Board of Selectman are specifically prohibited from exercising policy making powers relating to Land Use boards and commissions by Section 6.03, General Powers of the Board of Selectman, Paragraph A, Responsibility and Policy. Collapsing the two commissions into one, was a fundamental change to the towns process and policy for land use commissions and land use decision making. In the Boards Discussion on September 11, 2013, members of the board stated the intent was to enact this ordnance prior to December 2nd, 2013 in order to ensure the restructing of the commissions was in place, to influence the review and adoption of the Plan of Conservation and Development (POCD). The POCD is the primary responsibility of the Planning authority of the town, and by general statute is a key element in establishing and articulating the towns land use policies (Section 8-23 of Chapter 126 of the General Statutes of Connecticut). 4. General statute only permits that an already established Zoning or Planning Commission, can be designated as a Planning and Zoning Commission. I believe the statute was written this way to ensure continuity in the process, in the case of such a significant change. Ordinance #236 dissolved both the Zoning and Planning Commissions, and formed a completely new commission. I recommend the Board bring Ordinance #236 to a Town Meeting so it can be reviewed, debated, and acted on in accordance with the provisions of the Town Charter to remedy this situation and avoid creating an ongoing and increasing risk to the towns land use decision making process. Further, I recommend the wording of the ordinance should be reconciled with Chapter 126, Section 8-23 of the General Statutes of Connecticut at a time prior to its presentation at the town meeting, to ensure it is in compliance and any resulting board is properly consitituted. Respectfully, Bruce Mortimer

Combined Planning and Zoning, can only be formed from an existing Commission: Chapter 124, Sec. 8-4a. Zoning or planning commission may be

designated as planning and zoning commission. Any town, city or borough, unless otherwise provided by special act, may by ordinance or by vote of its legislative body designate its zoning commission or its planning commission as the planning and zoning commission for such municipality, and such commission shall thereupon have all the powers and duties of both a planning commission and a zoning commission and shall supersede any previous planning commission or zoning commission, as the case may be. Such vote shall establish the number of members to comprise such planning and zoning commission, which number of members shall be five, six, seven, eight, nine or ten, not counting nonvoting members. In the establishment of a five-member planning and zoning commission, the provisions of section 8-19 shall apply. In the establishment of a planning and zoning commission with six or more members, the provisions of section 8-19 shall apply except that the terms of office shall be so arranged that not more than three of such terms on a sixmember commission, four of such terms on a seven or an eight-member commission, or five of such terms on a nine or ten-member commission shall expire in any one year. Any public hearing conducted by a planning and zoning commission with six or more members shall be held by the commission or a committee thereof appointed for that purpose constituting a majority of the members of the commission. Any combined planning and zoning commission established under the general statutes prior to October 1, 1959, may continue to exist. Upon the establishment of a combined planning and zoning commission, all regulations adopted by the planning commission or the zoning commission which were in effect prior to the establishment of such combined commission shall continue in full force and effect until modified, repealed or superseded in accordance with the provisions of this chapter and chapter 126. A vacancy on such combined planning and zoning commission shall be filled in a manner prescribed by the legislative body of such municipality. (1959, P.A. 614, S. 6; 679, S. 3; 1971, P.A. 362, S. 1; 763, S. 2; P.A. 75-21, S. 1, 3; P.A. 77-509, S. 10.)