By Dave Moran
Record-Journal staff
dmoran@record-journal.com
(203) 317-2224
WALLINGFORD — The Planning and Zoning Commission wants the town to pass an ordinance granting it the authority to fine residents and businesses that violate zoning regulations.
The PZC and its enforcement officers— Town Planner Linda Bush and Assistant Town Planner Kacie Costello — have no such authority, making it difficult to get violators to address citations.
“This issue has been discussed on and off for some time,” Bush said. “The PZC really wants it, because it will make enforcement much easier. It will give the staff some teeth.”
Bush’s limited ability to enforce regulations has been highlighted in recent years by several high-profile violations. In 2006, the Planning and Zoning Department began to issue citations against residents who live in open-space planned residential developments — condominium developments that look like subdivisions — who had erected swing sets, playscapes, sheds and other structures not included in the original site plans.
Residents of one such development, Mountain Brook, a 63unit community off North Lane, challenged the regulations in court and won following a three-year suit, but the town is in the process of appealing that decision.
Earlier this summer, the town began trying to enforce regulations against temporary signs, with Bush citing a number of businesses in violation, but because the citations did not include fines many of the temporary signs remained in place.
The ordinance would grant the PZC the authority to fine businesses and residents that violate the existing regulations $100 a day per day of violation. The fines could apply to improper storage of construction equipment, improper parking of cars and boats, the raising of wildlife in unpermitted areas and several other circumstances, in addition to temporary signs.
The Ordinance Committee, a subcommittee of the Town Council made up of all nine councilors, has scheduled a special meeting Thursday at 6:30 p.m. in Room 315 of Town Hall, 45 S. Main St., to consider the issue, but not all councilors seem to be in favor of the proposed ordinance. John Le Tourneau, a Republican and owner of Wallingford Lamp and Shade on Center Street, described the PZC’s request as a “tough sell” because of the negative impact it could have on local businesses.
“It’s not something that I would be interested in,” LeTourneau said. “That’s not promoting business; that’s hindering business.”
Vincenzo Di Natale, a Democrat and co-owner of Ives Road Wine and Spirits, was concerned about the disproportionate effect the ordinance could have on small businesses as opposed to large chains such as Wal-Mart. Di Natale added that in light of last week’s election, he did not think it would be appropriate for “lame duck” councilors like him to pass ordinances with less than two months remaining in their existing terms.
“Considering that we’re exiting, I don’t think it’s fair to take action that significant,” Di Natale said.
At least one business owner appears to support the proposed ordinance, though.
Vinny Iannuzzi, owner of Vinny’s Deli on Center Street, said the potential of a fine would help “level the playing field” among businesses.
“If you leave the Planning and Zoning Commission with no power, it’s basically the people that are abiding by the law that are going to get hurt,” Iannuzzi said. “And it might be me one day that gets fined, but if you have these laws and there’s no bite to them, what good are they?”
Tags: fine, Ordinance Committee, Planning and Zoning Commission, PZC