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    Op-Ed
    Thursday, May 02, 2024

    Time for a change in Noank zoning ranks

    Rick Smith is the chairman of the Noank Zoning Commission. His five-year term is expiring. It is time for the election of a new zoning commissioner.

    There is a failure to listen to the needs and wants of the entire community, and proposals that have been put forward are ineffective because they do not actually solve the problems of the community. Instead, they needlessly infringe on individual rights and liberties. Zoning regulations need to be fair to the greater good, while at the same time protecting individual rights.

    A hot-button issue facing the commission currently is the idea of regulating short-term rentals in the village of Noank. There are strong opinions on both sides. Property rights through our U.S. Constitution include, without limitation, the right to rent our property as well as use, sell, encumber, and devise by will.

    At the same time, the Zoning Commission has broad authority to regulate that use for the greater good.

    Any regulation that comes out of the Noank Zoning Commission should be tailored to solving the problems of the issue at hand. It should not enact unnecessarily oppressive regulations, suppressing our individual rights without cause.

    What are the worries of the community concerning short-term rentals? There is the potential for excessive noise, the potential for compromising street safety due to too many parked cars, the potential for disrespectful behavior from renters, and the need to maintain the civic character of our community. All are appropriate concerns. All need to be addressed by the Noank Zoning Commission through regulation because it concerns the greater good.

    However, the existing proposals go further and regulate the number of days a resident can rent their home and how often a resident can rent their home, with no connection to addressing the concerns of the greater good. This is the worst type of regulation. Anyone supporting regulations that infringe on individual liberties, yet do not solve the actual problems facing the greater good, should be voted out of office.

    New leadership is needed on the commission, a leader to listen to the concerns of the community and encourage and support common sense regulations that actually fix the problems without infringing on individual liberties.

    The commissioners are moving forward with proposed regulations that will likely face legal challenges. They’ve increased their legal budget for the year by 80% and next year by 233%. If their regulations are challenged in court, the actual cost will be much higher. Who will pay it? The answer is taxpayers like you and me.

    As a community we can solve all the issues and concerns regarding short-term rentals in a unifying manner, instead of divided in a costly legal battle.

    In the words of one commissioner, “I fear some of the commissioners are entrenched.”

    Some of the commissioners are not open to addressing the problems and solving them. Mr. Smith said at a zoning meeting recently that people keep harping on a few things. In particular: How many complaints did you get? Where did they occur?

    We are told neither question is relevant because, as the attorney contends, the commission could proceed without one complaint. All that is necessary is a couple of troubling news articles or Internet stories. Taking that position, the number of complaints or the nature of them doesn’t matter.

    I disagree. The answers to these questions are relevant. Problems must be identified before enacting regulations to solve them!

    There is no need to provoke a costly legal battle. Come together as a community and support Noank, its businesses and neighbors. There is a need to replace Rick Smith, the current leader. Replacement candidate Gabi Smillie has the skills, the experience, the ability to listen, and the ability to recommend common-sense solutions that solve the actual problems facing the greater good.

    There is no need for unnecessary, arbitrary, punitive regulations that infringe on individual rights, and there is no need for a costly legal battle at taxpayer expense.

    Please attend the Noank Zoning Commission annual meeting at 7 p.m. Wednesday in the park next to the firehouse. Thank Mr. Smith for his service and wish him well. Vote against a budget that increases legal costs and higher taxes. Elect Gabi Smillie to the Noank Zoning Commission.

    Mary Ann McCandless lives in the Noank section of Groton.

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