Canton Selectmen Consider Requests To Eliminate DRT, Consolidate Planning and Zoning Commissions

Wednesday night the Board of Selectmen discussed proposals to eliminate the town's Design Review Team (DRT) and combine the Planning and Zoning commissions. 

In the past few months, the Canton Chamber of Commerce, as well as some town residents individually, have advocated eliminating the DRT.

The five-member panel plays an advisory role. Applicants, especially those with major projects, often come before the DRT before going to the Zoning Commission for approval of a project.

The DRT often makes recommendations about siding, design, landscaping, lighting and more. 

“Many recommendations are made through the DRT review process to enhance and/or preserve the character of the town,” the DRT’s web page states.

Critics, however, charge that the system is not working.

“The intention of the BOS in creating the DRT process, while reasonable in theory, has not worked in practice since its inception in 2005,” the chamber of Commerce wrote. “We contend in cannot work in practice, regardless of the good intentions of the BOS or individual DRT members themselves.”

While the DRT brochure includes a checklist for applicants, the chamber contends they are not the clear standards the Design Review Study Committee recommended in 2004.

The chamber gave some examples, one being the much-discussed Saybrook Fish House application to add outdoor seating. The applicants, represented by Landscape Architectural Design Associates (LADA) of Simsbury appeared before the DRT in early March. The DRT suggested modifications to the plans, such as additional green space and the moving of handicap parking spaces, the chamber states the changes resulted in $20,000 in extra costs for the applicant.

While there was not input from DRT members Wednesday, the issue has been a public discussion for months now.

In a past DRT meeting and a joint one between it and the Zoning Commission, chairman Gary Hath contended that part of the problem with that application was that the landscape architect came in to that meeting with fully developed plan, rather than a preliminary concept.

Other members said its suggestions on the Saybrook Fish House matter resulted in a much better result. 

At that earlier meeting, however, Town Planner Neil Pade said it caused some confusion.  

The action of putting the Saybrook Fish House suggestions in a motion, with a  vote and asking to see the updated plans prior to the zoning meeting, made it difficult for the applicant to really know what was expected, he said.  

"That's not a casual conversation with an applicant," Pade said. 

(In the end, the Zoning Commission gave the owners of Saybrook Fish House the option of going with either version of the plan).

In some cases, applicants come unprepared or haven’t read its guidelines, DRT members have argued in prior meetings. 

“The intent is to actually get them through faster but when they ignore it that puts an awkward stamp on things,” Hath said.

In addition, DRT members also acknowledged their suggestions are advisory.

"Because we’re advisory I view it as a suggestion," DRT member James Harris said at a previous meeting. "We’re providing a planning and asthic review by a group of professionals." 

DRT members have also pointed out successes, stating for example, that the CVS building at Lawton Road and Route 44 came out far different that the first drawing brought before them.

Others, however, contend that design standards can be implemented and town staff can review applications for compliance, although officials acknowledge that could have some budget implications.

DRT critics also argue that the lack of specific standards leaves the town vulnerable to a corporation that does not care about its look but meets the legal requirements. 

“None of what they are recommending to applicants is defendable in court,” Selectman Tom Sevigny said Wednesday.

In a previous meeting Pade and the DRT discussed that very issue. Some members said they understood the concerns but felt standards that are too specific can limit creativity. 

Wednesday night, Julius Fialkiewicz, a former selectman who helped put the DRT in place, spoke during the public comment portion of the meeting. He said he also feels it is not working.

The professionals on the team are critiquing other professionals they compete against for jobs, he said. 

They are also highly subjective, he contended, adding that it’s become somewhat of a joke that - “as long as you put a cupola on something you can get anything through.”

“What your doing is taking a small group of people that like one thing and trying to design Canton around that,” he said. “We did it wrong; that’s all I can say and hope you take a really hard look at it.”

Arnold Goldman also spoke, stating that attractiveness and character are highly subjective.

“They are in the eye of the beholder until they are written down,” he said.

On Wednesday, selectmen took no immediate action but also expressed some concern with the process.

Sevigny suggested the town use an inclusive process to come up with standards and allow town staff to simply review most applications against them and immediately approve those that comply. 

Selectmen also referenced the ongoing Plan of Conservation and Development update process, stating that the draft document lists characteristics that differ for various sections of town, something that might translate to design standards.

Selectmen also briefly discussed another idea – combining the Planning and Zoning commissions. 

Some applications, such as ones that require a change in zoning, require a referral from the planning commission before zoning approval. 

In the public comment portion of Wednesday’s meeting, attorney David Markowitz said it further discourages businesses from moving to town when applicants have to pay for experts to appear at that many more meetings.

“It just makes the process that much more difficult and frankly discourages people from coming to Canton,” he said.

Selectmen made no immediate decisions, agreeing it best to consult further with town staff and others first.

Selectman Lowell Humphrey said he wants to allow DRT members a chance to appear and selectman Stephen Roberto said that while he sees problems in the process, he also appreciates the volunteer time of the DRT members.

“I do want to recognize the good intentions of the members of the DRT,” he said. 

Barlow also cautioned the chamber that while selectmen have stated it a goal to consolidate boards and commissions, that some applicants have not come to meetings prepared and respected the process and its need to follow state as well as local regulations.

He urged the chamber to also work on educating businesses owners in that area.