Poland's report: Zoning regs need major overhaul

SALISBURY — A consultant has concluded that Salisbury’s land use system — and zoning regulations — need a complete overhaul.

Donald J. Poland was hired by the Board of Selectmen (at the request of the Zoning Board of Appeals) in November to conduct a comprehensive review of the town’s land use system. The 35-page report was submitted on Dec. 14.

The report is available on The Lakeville Journal’s Web site at tcextra.com/files/sladminreport12-14-09.pdf.

Poland writes that he found Salisbury’s situation to be “much more complex†than what he had anticipated from a small rural town. Many towns of similar size can function with a “fairly basic† land use administration system, but “unfortunately, that is not the case for Salisbury.

“Based on Salisbury’s location (proximity to New York City and Westchester County), the town’s New England charm and character, the wonderful natural assets (the many lakes, river, hills and picturesque views) and the distinguished private schools (that act as attractors of wealth to the community and become a selling point for the community), the many challenges within the land use system are far greater and more complex than that of small rural communities of similar size.â€

Poland says that as the wealthy continue to buy properties in town, more litigation over land use will inevitably result — unless changes are made. “The value of land and the cost of investment have grown too high and too much is at stake for property owners not to litigate what they believe are threats to their investments. If changes are not made to the overall system, litigation will become the norm.

“This basic system of land use permitting has worked fine for Salisbury for over four decades, [but] the value of property and cost of investment to property owners has become so high that it has created a complexity that the existing land use system is not designed to handle.â€

No one is to blame

The report does not assign blame to any person or entity. “The problems and issues that are facing Salisbury cannot be attributed to one individual, position, regulation, process or board or commission.â€

But under the heading “A general perception of impropriety,†Poland writes: “Most of the individuals interviewed suspected that other individuals or groups of individuals are in cahoots with each other or up to no good. This theme was so pervasive that at times it appeared that no one trusted anyone ... There was not a common trend or single individual or agency that was free of such thoughts or who could escape such accusations.â€

And: “It has been evident throughout this process of reviewing the land use system that many of the individuals and agencies within the system do not have a firm grasp on their roles and how their roles and responsibilities relate to the overall system.

“The complexity of land use issues has exceeded the capacity of the community and current system — regulations, staff, staffing, resources and procedures. Due to this complexity there is a dire need for training of both staff and commission members.â€

Poland writes that the position of zoning enforcement officer (held by Nancy Brusie) “has been a lightning rod for the comments expressed†during the interviews.

“The concerns ranged from that of the position not being well defined and unable to keep up with the changes ... to blaming the position and person in the position for mistakes that may have led to recent appeals and litigation. At the same time, the position and the person in the position were also praised for doing a good job and others indicated that expectations based on the lack of regulations and inconsistency placed on the position were unreasonable.â€

And Poland notes the lack of professional staff to oversee or direct the zoning enforcement officer (ZEO); oversight is provided by the volunteer Planning and Zoning Commission.

Zoning regs are in poor shape

The ZEO is only as good as the regulations and procedures, he writes. “The Salisbury zoning regulations provide almost no policies, standards or requirements for the administration and enforcement of the regulations, processing of applications, or issuing of permits.â€

All the town’s land use regulations — zoning, subdivison and wetlands — “would benefit from varying degrees of updating and improved administrative procedures.

“Subdivision and wetland regulations are not bad but could benefit from a comprehensive review.â€

But, Poland states bluntly, “The zoning regulations, by modern standards, are in poor shape and inadequate to handle the complexities of land use issues facing Salisbury.

“The zoning regulations need to be rewritten from cover to cover.â€

He makes extensive administrative and procedural suggestions, including in-house training sessions for members of the three boards (conducted by attorneys and planners) and yearly training. “All new commission members should be required to attend training programs soon after†election or appointment.

He urges additional training for the ZEO, and while he stops short of recommending hiring a full-time planner, he does believe that each land use board should be provided with “access to professional and technical support.â€

Poland offers four sets of options for the town to consider, and offers this  optimistic observation:

“While the challenges ... revealed in this report may seem difficult, overwhelming and even costly, the fact is they are very manageable. As for the cost of improving the existing system, Salisbury must make a decision: does the town invest in improving the system now (upfront) to reduce the potential for future litigation or does it maintain the status quo and pay thousands of dollars in legal fees for continual litigation?â€

Positive response

Cristin Rich, the newly elected chair of the Planning and Zoning Commission, said the commission will discuss the report during the January zoning meeting. “I am grateful for the report,†she said, adding she found the “graduated series of options†helpful.

Rich took the helm of the commission last month from Jon Higgins, who had been chair for 16 years.

First Selectman Curtis Rand said he would schedule a meeting with Poland, the selectmen, the members of the Planning and Zoning Commission, the Zoning Board of Appeals and the Conservation Commission. Rich said she thought the Board of Finance should attend as well.

The Poland report “will provide clarity for us to move forward,†said Rand.

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