In recent years, the Planning and Zoning Commission in Norfolk has been presented with several applications for special permits that have elicited strong public reactions. The website editorial board has become aware that not all residents understand the procedures that applicants must follow and the kinds of considerations the P&Z must weigh. What follows is a very brief outline of how an application makes its way through to approval or denial.
Decisions in all instances are based on a lengthy set of regulations designed to protect public health, safety, convenience and property values. These regulations also help implement the town’s Plan of Conservation and Development, a visionary document that is updated every 10 years.
If wetlands are involved, the applicant must file simultaneous applications with the Inland Wetlands Agency and the P&Z. The Inland Wetlands Agency determines whether the proposal will have any impact on wetlands, watercourses and upland review areas (buffer areas around a wetland). By state statute, the Planning and Zoning Commission cannot act on an application until the wetlands agency reports its acceptance or denial.
In a town that has been growing for more than 260 years, it is inevitable that zoning restrictions, first enacted in 1973, will not precisely reflect earlier development. Where a pre-existing house or business does not meet a given zone’s standards, it is designated as non-conforming and its physical structure(s) or use cannot be extended or expanded without a special permit granted by the commission or a variance from the Zoning Board of Appeals, depending on the circumstances.
To prepare an application, property owners often engage professionals such as landscape designers, soil scientists, architects and civil engineers. A site plan illustrating the placement of structures, septic systems, ancillary building and the like is prepared to show commissioners where they are located as related to property boundaries and wetlands.
Some zoning applications are so insignificant that they can be handled by the town’s Zoning Enforcement Officer, but others deemed to have greater impact require zoning commission consideration. Tables in Section 3.03 and Section 4.03 of the zoning regulations show what uses are permitted in each town zone and what level of permitting may be required for each.
Some permitting requires a public hearing and some does not. If a public hearing is required, the public is invited to comment and/or enter evidence to support differing opinions, either in person or in writing. Written comments are read into the record. Application documents are available to the public for review in the town clerk’s office. (The application documents associated with some recent hearings have been posted on the town website, linked from the bottom of the various commission pages, primarily P&Z).
When the public hearing is closed, the commission can no longer accept new information or public comment. The commission members then discuss and act on the proposal. If a zoning board denies the applicant, it can do so “without prejudice,” which means it rejects an application at the current time but will allow the applicant to reapply with additional information or modifications. Some applicants opt to withdraw their applications before any denial to achieve the same result.
If a proposal is denied, an applicant can appeal the decision by the zoning enforcement officer to the Zoning Board of Appeals and then the courts. If it is an appeal from a Planning and Zoning Commission decision, legal action is pursued in court.
—Newsletter Editor