Milton council again tables appeals ordinance

Milton Town Council will hold one more meeting on a proposed ordinance regulating appeals after tabling the measure Dec. 6.

Council decided because of additional changes made at the meeting, they wanted to give more time for the public to view the revised ordinance before an up-or-down vote. 

The ordinance would create a set of rules for appeals from the board of adjustment, planning and zoning commission, and building inspector, including who would hear appeals from each body. The ordinance has been controversial because of the language that would set a fee to be paid by the applicant to have an appeal heard. While that fee would be determined by council when it passes the annual fee schedule, those originally proposed would be a $400 application fee and at least $1,000 to be held in escrow to cover administrative costs. 

The fees were immediately unpopular and continue to face opposition from citizens who say the cost would discourage appellants with limited incomes from filing appeals, taking away a valuable First Amendment right. 

Town officials say the town paid thousands of dollars to hear two recent appeals of decisions by the planning and zoning commission. One appeal was over a special permitted use for Verizon to build a cellphone tower on Front Street, and the other was for a preliminary site-plan approval for the proposed Cypress Grove development on Route 16. The Verizon decision was upheld by town council in August, while the Cypress Grove appeal was dropped by the applicant. Town officials have said the fee would help discourage frivolous appeals.

To address the fee issue, the planning and zoning commission inserted two recommendations to be added to the ordinance. First, if an appeal is successful, an applicant would be reimbursed the application fee. Second, an applicant could apply for an economic hardship exception with proof that they could not pay the fees. 

With numerous other revisions to the language, Councilman Sam Garde recommended council table the ordinance until itsnext meeting, currently scheduled for Monday, Jan. 3.

This is the second time the measure has been tabled to allow for revisions. In November, council tabled the ordinance following a public hearing in order to clean up the language and to absorb citizen comment, which at that time was mostly in opposition.