East Lyme ― A controversial Zoning Commission member elected in November on a platform to stop overdevelopment has resigned, citing the futility of trying to persuade an “immovable majority” that change is necessary.

Democrat Gary Pivo informed the town clerk last week of his immediate resignation in a one-sentence email.

On Wednesday, he said a majority of members made it clear they will never support the kind of change for which voters signaled their support when they elected three Democrats and ousted two Republican incumbents.

He said his suggestions were repeatedly rebuffed by the commission.

“And as Elon Musk once said, if you can't add value, leave,” he said.

The “change ticket” Pivo was elected on revolved around reining in rampant construction and removing the incumbent members that allowed it. He also called for updating zoning regulations to reflect priorities outlined in the town’s plan for developing and conserving land that was created with input from residents.

Pivo is retired from the University of Arizona, where he holds the title of professor emeritus of urban planning. He has published extensively on socially responsible property investment, urban water policy and sustainable urbanization, with involvement in initiatives rising to the international level.

He said commission members ignored his suggestion that the town establish fees paid by developers to fund an existing provision in the regulations requiring a consulting architect on applications in the Niantic and Flanders village districts.

They also ignored expert testimony from civil engineer Steven Trinkaus that water pollution controls would be ineffective in a proposal to expand an affordable development on North Bride Brook Road, according to Pivo.

Pivo was elected in November alongside Democrat Denise Markowitz and Nancy Kalal, an unaffiliated candidate who ran with the party’s endorsement. They joined Democrat Debbie Jett-Harris to create a 4-3 majority. The Election Day shakeup displaced Chairwoman Anne Thurlow, an unaffiliated candidate who ran with the Republicans, and Republican David Schmitt.

But the balance of power shifted when Jett-Harris resigned for health reasons and Kalal, who is registered as an unaffiliated voter, allied herself with the Republicans on most issues.

Then the commission tapped Thurlow to replace Jett-Harris in a January move that Pivo and others said subverted the will of voters. Pivo and Markovitz declined to participate in the appointment based on concerns about how the process played out.

Even though there were more Democrats on the commission than Republicans based on the technicalities of state election law, the move created an effective Republican majority.

Pivo on social media following his resignation was critical of Kalal, alleging she “reversed the election, gave the majority back to the old guard, and stuck a finger in the eye of East Lyme voters.”

‘The Pivo way’

Kalal on Wednesday disputed she was beholden to any party line. She said it didn’t occur to her to run as a Democrat until Town Committee Chairman Jason Deeble invited her to join the ticket.

“When I started this, I said I was going to vote the way I thought was the right way to vote, and that nobody was going to buy my vote or influence me to change my mind,” she said.

Kalal acknowledged Pivo’s extensive background in urban design and his articulate manner had the potential to benefit the commission. But she characterized his demeanor as arrogant.

She pointed to a meeting last month during which Pivo walked out after the rest of the board dismissed his suggestion to establish more specific site plan guidelines for multifamily housing developments. His abbreviated pitch included a description of recent developments as “incompatible with livability standards, unsafe, unsustainable, unecological, energy inefficient (and) ugly.”

Kalal said she and other members found the characterization insulting to commission members and Town Hall staff members involved in the approvals.

“So Pivo gets up and stomps out, much like a petulant child,” Kalal said. “The message he sent was ‘it’s the Pivo way or nothing.’”

Kalal also referenced a request by two attorneys representing separate affordable housing applications for Pivo to recuse himself. They argued statements made during Pivo’s campaign and professional opinions offered during a public hearing indicated he’d already made up his mind on the applications.

If a project is rejected by a zoning commission, a developer can appeal the decision in the state Superior Court. Judges there can reverse the commission’s decision or send it back if it can be proven members came to their own conclusions before all the evidence was presented.

“Pivo would not recuse himself, and that just opens up the Zoning Commission for lawsuits,” Kalal said.

Another vacancy to fill

The commission has 30 days from Pivo’s April 8 resignation to fill the vacancy. The agenda for Thursday’s regular meeting shows members will vote then.

Pivo called for the town to require vacancies in elected offices to be filled by people from the same party as the person who vacated the position. Numerous municipalities in the state have incorporated such provisions into their charters.

“Instead, at least on zoning, what we have is a small group of people who can fill vacancies based more on their preferences than the voters’,” he said.

Longtime commission member Norm Peck III, who said Pivo had a lot to offer, described his departure as unfortunate.

“We all have the same goal,” he said. “I think all intentions are good.”

When it comes to filling vacancies, Peck said he doesn’t consider politics a factor unless it triggers the state’s minority representation law that says no more than four members on the commission can be from the same party.

There are currently two Republicans, two Democrats and one unaffiliated member on the commission for the purposes of calculating minority representation. That means the commission can appoint a member of any affiliation without running afoul of the law.

e.regan@theday.com