November 23, 2024 5:14 pm• Last Updated: November 23, 2024 10:52 pm
East Lyme ― The idea of local control was again the subject of discussion among Zoning Commission members this week as some lamented what they described as the continued intrusion of the state.
The issue arose in the context of a law passed by the Connecticut General Assembly last year requiring cities and towns to update their zoning regulations to allow state-licensed home daycare operations as of right, which means no special permit is required.
The measure, meant to reduce bureaucratic barriers for residents wishing to provide home daycare for up to 12 children, is a response to the shortage of childcare workers in a low-wage industry hit hard by the pandemic.
The United Way of Southeastern Connecticut in May estimated 7,803 infants, toddlers and preschool-aged children in New London County need childcare, but only 4,571 slots were available.
But member Norm Peck III on Thursday was fearful of giving “carte blanche” to commercial entities by allowing them to open up anywhere homes are built.
The Republican was the lone nay vote on the six-member commission. Others were critical of the state mandate but said there was nothing they could do about it.
Peck hypothesized what might happen in the town’s most rural zone, where lot sizes must be at least 2.75 acres and buildings cannot fill more than 10% of the property or be more than 30 feet high.
“A house can be a pretty good size, so they add on a 3,000-square-foot, one-story daycare center,” he said. “That’s the only thing I’m worried about.”
The new law, which went into effect last year, affirmed zoning regulations cannot treat daycare businesses any differently than single- or multi-family homes. A similar provision existed previously, but limited the scope of the daycare programs to six children. The new law also specified the zoning provisions apply only to in-home programs, not freestanding ones.
Town attorney Timothy D. Bleasdale of the New London-based Waller, Smith and Palmer firm recommended the commission approve the regulation change that specifically allows small home daycare facilities in each residential zone.
He said the issue is largely a procedural one since zoning officials already must approve such operations, regardless of what the local regulations say. That’s because state law trumps local regulations.
Now, the law requires municipalities to enshrine the change locally.
“The quirk of this statute is that we actually have to make our regulations say it, which is a little bit more than the state usually requires,” he said.
The zoning commission’s power to decide how land should be used in town was handed to it by the state legislature through the almost-century-old Zoning Enabling Act.
Republican member Michael Foley said the state can rescind that power, too.
“They can take it back or change it on a whim, and the state legislature seems to be moving that way,” he said.
Zoning Officer Bill Mulholland described the regulation changes as a mandate from the state similar to those affecting one of the most high-profile zoning issues in the state today: affordable housing.
That’s where the concept of local control has been invoked most vocally as lawmakers for more than 30 years have pushed to assure cities and towns are working to make affordable options available across the state.
Among the most controversial provisions in the affordable housing law is statute 8-30g. The measure makes it easier for developers to sue zoning commissions when a proposal that would help address the state’s housing crisis is denied.
The law affects any municipality where less than 10% of the housing stock meets the state’s definition of affordable.
East Lyme has been at the epicenter of the statewide debate as protracted legal wrangling going back more than two decades continues to pit a developer who says he wants to build 840 units above the Niantic River against multiple town commissions and environmental advocates.
The Zoning Commission is currently deciding if it will apply for a moratorium from 8-30g, which would give the town four years to seek out affordable housing developments on its own terms instead of waiting for a developer to come in with a plan over which local officials have no control.
In discussing the home day care regulations Thursday, Bleasdale reiterated it’s important for the commission to do what the state tells it to do.
Bleasdale said penalties for municipalities that don’t comply are not currently specified, but he added that could change in future legislative sessions.
“State law has been trending more and more towards a much more permissive, loose kind of approach to zoning,” he said. “I think this is an example of that.”
Not everyone on the commission was critical of the mandate.
Democrat Sarah Susco, an alternate member seated for an absent member during the meeting, pointed to the need for more daycare slots.
“Having children that need care, I think it’s very hard to find care,” she said. “I think it’s a nice regulation to be pushing forward for families.”
e.regan@theday.com
