Current Issues and Thoughts
March 31, 2006

The next selectmen’s meeting is Monday, April 3, at 5:00pm. At this meeting the selectmen will interview candidates who want to be appointed to the Planning Board (PB) and the Zoning Board of Adjustment (ZBA), as well as some other boards and commissions.

At the last selectmen’s meeting, there was a discussion of whether to approve the candidates without any interviews. I suggested that at least for the PB and the ZBA, because they are so powerful, the selectmen should do interviews. The other selectmen agreed with my suggestion.

The PB and ZBA are very important boards. PB and ZBA members are appointed instead of being elected. Milford voters and taxpayers do not have any direct input on who is a member or any way to influence the boards after the members are appointed. The only “political accountability” for these important boards comes through the selectmen. I believe we should take our responsibility seriously. The selectmen should interview candidates and think about their skills, knowledge, beliefs and approach. We should appoint candidates we believe will do a good, professional job and will act consistent with the values and beliefs of Milford voters and taxpayers.

Here is a little background on the PB and the ZBA, which may be useful for anyone planning to attend Monday’s meeting:

Planning Board
The PB does two things. First, the PB decides whether to approve applications for new housing developments, new house lots, and new commercial and industrial projects. Is there a new subdivision in your neighborhood? If so, it will have been reviewed and approved by the PB. Do you want to divide off a separate lot and sell it to help pay for your children’s education or your retirement? If so, you will have to go to the PB to get approval. The new Stop & Shop complex? This commercial development came to the PB for approval. A new industrial plant at Brox? If this were to happen, it would come to the PB for approval too.

The PB is also responsible for preparing Milford’s land use plans and rules – the Master Plan, the Capital Improvements Plan, the zoning ordinance, the subdivision and site plan regulations, and most recently, the growth management ordinance and sign ordinance. Some of these ordinances – such as zoning, growth management and signs – have to be approved by voters. Most of them, though, are proposed and adopted by the PB acting by itself. This includes the Master Plan, which lays out the long-term development plan and preservation plan for the town, the subdivision rules (for new housing developments and new lots) and site plan rules (for new commercial and industrial projects).

You can see from this description that the PB is very powerful. When you look at the appearance and “feel” of our town and our neighborhoods, a lot of it comes down to the decisions made by the PB.

Zoning Board of Adjustment
The best way to think of the ZBA is like a “court” that decides the meaning of Milford’s land use rules. The ZBA also decides when people can get a “little break” from the rules and do something (like build a storage shed close to a property line) that may not meet 100% of the rules. The ZBA is like Milford’s “Judge Judy” for our land use rules.

With our land use rules getting more and more complicated, sooner or later many of you will end up in front of the ZBA because something you want to do on your property will not meet all the rules. Want to run a software consulting business out of your home? You’ll probably need the ZBA’s approval. Want to build a barn with a high roof – higher than the town’s “height limits”? You’ll need ZBA approval. Do you have an oversized lot and want to split off a separate house lot, but there is a frontage or a lot size issue? You’ll need ZBA approval. Do you have a difference of opinion with the town’s building inspector on whether your project meets the zoning rules? The ZBA will make the decision.

As you can see, to be an effective ZBA member, a person has to have a strong background in land use law. ZBA members are citizen judges, so they should think like judges. They should be careful, fair, open to all arguments, and not biased.

The Buck Stops Here
You, the voters, elect the selectmen. The selectmen appoint the members of the PB and the ZBA. If the voters and taxpayers have concerns about the PB or the ZBA, you can’t elect new members to these boards. But you can tell your selectmen to do a careful job appointing members of the land use boards. The buck stops with the selectmen, and you should hold us accountable.

Questions for Candidates?
Please call me or email me with any questions you think the PB or ZBA candidates should be asked.