PLANNING at the Planning & Zoning Commission!

Main Street, Chester, CT

In his October 2, 2009 blog entry, “Zoning Out the Best Laid Plans,” Centerbrook Partner Chad Floyd tells us about the unfortunate ramifications for communities all across the country, including 23 towns in Connecticut, which have adopted boilerplate zoning codes provided decades ago by a Florida company.  Well, change does occur here in the “Land of Steady Habits,” but sometimes you need time-lapse photography to see it.  Little by little, however, we are planning our zoning better, at least in one Connecticut town.

For the past 16 months I have been serving on a subcommittee of the Planning & Zoning Commission in my hometown of Chester.  Our mission is to completely re-imagine the zoning regulations for the town’s much-loved Village District.  The hope is that the new regulations will reflect the actual context and character of our pocket-sized town center, rather than some generic, homogeneous vision imposed by those alien, boilerplate zoning codes.

For decades now, virtually every parcel in Chester’s Village District has been classified in zoning parlance as an “Existing, Non-conforming Use.”  What this means is that although the current eclectic mix of two- and three-story structures are more or less situated cheek-by-jowl and cover most, if not all, of their respective lots, the currently required 20-foot setbacks from front, side, and rear yards, and the maximum lot coverage requirement of just 25 percent, would not permit a new building of even remotely similar size to be constructed.  This is, of course, completely ridiculous.

The only recourse an applicant has is to endure a lengthy and expensive process of zoning application and inevitable rejection, followed by an application to the Zoning Board of Appeals, where a series of hearings typically are required over a few months, at the very least.  This process generally requires the applicant to hire attorneys, architects, and engineers to provide assistance.  It takes all this to approve projects that should have been permitted by right.  Unhappily, Chester is not unique in this predicament – similar scenes play out on Tuesday nights in towns across the country.

Eventually, meaningful action was taken by the dedicated townspeople who serve on Chester’s Planning & Zoning Commission – and these folks serve voluntarily, mind you.  With the prompting from some “new blood” on the commission, they realized the need to act as a PLANNING and Zoning Commission – that is, to act PROactively, rather than just REactively responding to applications.  So among other worthy efforts, a special Village District subcommittee was formed in 2008.  Although I am not an elected member of the P&Z Commission, I was honored to be asked to serve on the subcommittee.

Our first task was to analyze the existing situations and patterns of development.  Although subcommittee members were very familiar with the Village setting, we soon realized that discussing matters from the confines of a conference room was difficult – we simply had to get out and walk the streets.

Saturday morning group jaunts became the norm, fostering meaningful discussion of perceptible dividing lines within the Village Districts for allowable uses, for height and bulk restrictions, and for design guidelines.  Over the months, color-coded maps were drawn, and easy-to-understand regulation language drafted.  While preserving the essential character of Chester’s existing built-fabric is important, we feel that we left plenty of room for contemporary interpretation.  What we certainly don’t want is some fabricated Disneyland version of “Main Street, USA.”

Our intent is that the new application process for proposed development in the Village District be clear, streamlined, and, for the first time in a long time, make plain ol’ sense.  If all goes according to plan, the new regulations will be adopted this year.

And I’m looking forward to having a few more Tuesday nights free…

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