Groton Open Space Association

GOSA Offers Suggestions for Planning Commission Bylaw Rewrite

GROTON — GOSA offered suggestions at the June 9, 2009, Planning Commission meeting for modification of a draft rewrite of the Commission’s bylaws.

Rewrite of the bylaws, unchanged since 1972, is being undertaken at the same time that the Office of Planning and Development Services is overseeing the rewrite of land-use regulations, but it is not in itself a regulation rewrite, Planning Director Michael J. Murphy has explained. The bylaws deal with such matters as membership, alternate members, voting, and the general conduct of meetings. The Zoning Commission, unlike the Planning Commission, does not have bylaws.

The three areas in which GOSA made suggestions are: functions of alternates, public comments at hearings, and ex-officio membership.

The draft bylaws would impose restrictions on the role of alternates. The draft specifies that alternates who are not designated to sit during a meeting may not take part in any hearing or in deliberations once the hearing is closed. GOSA contended that alternates should be allowed to speak both during hearings and deliberations even if they are not voting, provided no state law or local ordinance forbids that.

Chairman James Sherrard said that while non-seated alternates currently are permitted to speak during hearings, they are barred from speaking in deliberations. He said the town attorney had advised some time ago that case law existed to prevent post-hearing comment by non-seated alternates.

GOSA will seek further information, including any possible updates, on the case law.

The draft would incorporate into the bylaws a set of public hearing guidelines that would let all public proponents of a proposed project speak before opponents have their say. GOSA said the comments of proponents and opponents should be alternated, along with those of members of the public who can’t be assigned to either camp. The object of the alternation would be to prevent opponents from being forced into the late tail end of long hearings that often begin with extremely lengthy presentations by lawyers, engineers and experts appearing for the developer.

Finally, the draft notes that the town manager and public works director are ex-officio members of the commission. GOSA agrees with this point, but wants it stated in the bylaws that ex-officio members may not vote. The non-voting nature of the membership is specified in Chapter 126, Section 8-19 of the Connecticut General Statutes on municipal planning commissions.

Mr. Murphy said the draft is still in preliminary form and said the OPDS would consider GOSA’s comments.