Town Meeting Voters Reject Land Use Ordinance

Adam Minor

EASTFORD — At a Special Town Meeting Thursday, April 16, voters rejected a proposed “Ordinance Establishing Minimum Land Use Regulations,” by a vote of 110-87.

According to Chuck Lee, chairman of the Planning Committee, in a summary of the proposed land ordinance provided to the town, the reason for drafting the proposed minimum land use ordinance was in response to “complaints from residents of increased development density not in character with previous development in Eastford.” The ordinance, Lee said, would have been a “temporary measure to address citizen concerns without significantly impacting most properties in town, adjust[ing] setback to be consistent with existing subdivision regulations for lots of record … [and] allow[ing] for one to three residential units on existing lots of record before subdivision is required.” A “lot of record” is defined as a lot that has not been divided — or only divided once into two lots — since the adoption of subdivision regulations.

Lee stated in the summary that working with Town Planner Jim Larkin, the Planning Commission drafted the proposed Minimum Land Use Regulations Ordinance to prescribe minimum land use regulations for a maximum of five years if accepted. After five years, the ordinance would end. If the town’s citizens wished to continue similar or more advanced land use controls, it would have to adopt some form of zoning. The proposed ordinance was based on templates used by other towns, the summary stated — and the draft document was reviewed by Town Land Use Attorney Matt Willis.

According to Lee, Eastford adopted subdivision regulations in 1967. Among other responsibilities, he said, “the Eastford Planning Commission is responsible for reviewing and approving proposed subdivisions of lots for consistency with the Subdivision Regulations. In general, the subdivision regulations require minimum setbacks, side yards, driveways, and lot sizes for single family homes, multifamily homes, commercial, and industrial development.”

The background of how this ordinance made it to town meeting began in March. According to notes provided by the Board of Selectmen, “many Eastford residents have expressed interest in implementing limited land use restrictions over the past three years.” The ordinance originated as a draft developed in December 2023 by the Planning Commission, which never advanced to the Board of Selectmen.

According to First Selectman Deb Richards, a resident obtained a copy of this draft ordinance and submitted it as part of a formal petition presented to the Town Clerk and verified on March 24. The petition was verified to contain 67 signatures, 47 more than the 20-voter minimum. The petition was accepted by the Board of Selectmen at its March 26 meeting, at which point a 21-day deadline began to hold a town meeting.

Selectmen determined the request raised by the petition warranted public discussion and consideration first, along with additional public input, and so the selectmen responded to the petition by scheduling a public hearing April 2 in advance of an April 16 town meeting vote. This was done to inform residents and permit them to “discuss and consider” the proposed ordinance two weeks ahead of the vote.

Being required to officially publish notice five days before the meeting on the town signboard outside the Town Office Building and in the proper print media, the town posted notice on the town signboard and website on March 26; with a legal notice published in the Shoppers Guide on March 25; and additional notice given on the digital signboard from March 30 through April 2 (Editor’s note: The Eastford Communicator’s deadline and publication schedule did not align with the hearing notice timeline. Deadline for submissions is the 15th of every month).

According to the minutes of the April 2 Town Meeting, selectmen opened the floor for questions and comment for nearly 50 minutes before adjourning.

A second Town Meeting was announced for April 16 to vote on the ordinance, two weeks after the first hearing. Notice was posted on the TOB’s digital sign starting on April 6, shared on the town’s Facebook page on April 9, and published in the Shoppers Guide on April 8 (Once again, the Communicator’s deadline did not align with this notice timeline).

At the April 16 Town Meeting, vote was taken by paper ballot, leading to the defeat of the ordinance, 110-87.

For more information on the ordinance, visit the town website here.

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