Milton council sets Nov. 1 hearing date on appeals ordinance

Milton Town Council has set a Monday, Nov. 1 public hearing date on a proposed ordinance to regulate appeals of decisions made by the Milton Planning and Zoning Commission.

Under terms of the ordinance, any property or owner or resident can file an appeal of a planning and zoning decision, but will have to pay a $400 filing fee and at least $1,000 to be held in escrow to cover the town’s legal and administrative expenses. The ordinance also lays out the procedure for conducting an appeal, which would be heard by the council. 

Town Manager Kristy Rogers said at council’s Sept. 13 meeting that it was her idea that council should codify its rules of appeal. Council has heard two appeals of planning commission decisions in the last month; one was denied and another was withdrawn. According to town officials, an appeal of planning and zoning’s decision to grant a special permitted use to Verizon for a cellphone tower on Front Street cost the town $8,000. 

During the public comment period of the Sept. 13 meeting, a few citizens made their displeasure known. 

Allen Benson, 201 Collins St., said he was appalled that the council was considering adding fees for citizens to make appeals. 

“If I’m a person of limited means, and I’m a resident of this town and a property owner in this town, and zoning makes a decision that impacts me and my property and I have limited means, I’m locked out. You’re telling people in this town that they have no rights,” he said.

When told by Mayor Ted Kanakos that a similar law is already on the books regarding appeals from the town’s board of adjustment and historic preservation commission, Benson said, “The board of adjustment shouldn’t charge either!”

Kanakos said the town has to protect itself from potentially frivolous appeals that would take up time and money for litigation. Benson said the town should come up with another way to recoup its costs that does not disenfranchise people with legitimate appeals. 

Allen Sangree, 315 Union St., said the ordinance gives the town wide discretion to increase the amount in escrow after town officials review the appeal application. He said having an uncapped escrow amount could have the effect of freezing people out of making appeals. Sangree echoed Benson’s comment that people of limited means would be locked out of making appeals because they could not afford to file one.

Sangree disagreed with the idea that the ordinance would stop “nuisance appeals.” He said there have been three appeals in the last seven years and argued that none of them was frivolous.

“This looks like it is designed to discourage appeals and short-circuit the democratic process,” Sangree said.

Councilman Sam Garde said, “The ordinance is drafted to put it all on the fee schedule. It’s on us to come up with something that is American, compliant with what we’ve done in the past and discourages frivolous appeals.” 

Council unanimously agreed to send the ordinance to planning and zoning for review and an advisory report prior to the public hearing.