Date: Fri 04-Apr-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-regulations-earth-material

Full Text:

P&Z Puts Limits On Land Sculpting

B Y A NDREW G OROSKO

Planning and Zoning Commission (P&Z) members have revised the town's

sand-and-gravel regulations to strictly limit the amount of earth materials

that can be removed from a building lot or placed on it.

After protracted discussion at a March 27 session, P&Z members decided that

200 cubic yards of earth materials is the maximum amount of fill that can be

taken off a lot or placed onto it. There has been no such limit in force.

In reaching their decision, members considered comments made at a March 20

public hearing. ( See related story. )

The new regulations state that no more than 200 cubic yards of earth materials

shall be removed from a building lot, excluding the amount of material that

must be removed for the building foundation, septic system, subsurface water

storage tank for fire suppression, or other structures built underground.

Also, no more than 200 cubic yards of earth materials can be added to a

building lot, excluding building materials, such as concrete for a foundation,

stones, gravel, processed stone, septic materials, topsoil, mulch, and curtain

drain materials.

P&Z members said limiting the amount of earthen material, or fill, that can be

taken off the lot or placed onto it is intended to preserve the natural

contours of the site and prevent major changes in the lay of the land where

houses are built.

The P&Z's drive to place limits on the removal and placement of fill on

building lots stems from public reaction to Whispering Pines, a 13-lot

subdivision now under construction in Sandy Hook. Developing that site is

planned to involve removing about 37,500 cubic yards of earth materials from

the hilly 26-acre property near Cherry Street, Pine Street, and Narragansett

Trail.

P&Z member Heidi Winslow said developing the Whispering Pines site seems to be

a misuse of the land. But, she pointed out, the development regulations in

effect when PSD Partnership applied for Whispering Pines in 1996 did not

prohibit the extensive amount of sand and gravel removal planned for the

property.

Through revised development regulations, the P&Z is seeking to prevent any

future subdivisions such as Whispering Pines, Ms Winslow said. Developers

should work with the contours of the land, she said.

About 99 percent of the development applications presented to the P&Z don't

involve removing excessive amounts of earth materials from subdivision sites,

P&Z Chairman John DeFilippe said. Projects such as Whispering Pines have

prompted the P&Z to tighten its rules, he said.

Mr DeFilippe repeatedly urged P&Z members to postpone action on the

200-cubic-yard limit until the P&Z's land use adviser, town attorney, town

engineer, and zoning enforcement officer could formally comment on the

changes.

Mr DeFilippe said he doesn't want to make the regulations excessively strict.

He sug gested the limit should be placed somewhat higher than 200 cubic yards.

"As much as I would like to vote tonight, I don't see the harm in waiting," he

said.

P&Z member Stephen Koch maintained that a 200-cubic-yard fill limit is a

reasonable limit. P&Z member Daniel Fogliano agreed.

Ms Winslow said a 200-cubic-yard fill limit would reduce potential truck

traffic in subdivisions, preserve the natural features of the land, and

conform with the town's development plan.

Mr DeFilippe again urged P&Z members to review the rule changes with town

officials before acting on them, and, also, to review the proposal in writing.

Mr Fogliano said he believes there was much misinterpretation at a March 20

public hearing on 200-cubic-yard limit. "I really think these are good

regulations," he said.

When a vote was taken, all P&Z members endorsed the 200-cubic-yard limit.

P&Z members also approved a new regulation requiring developers to provide the

P&Z with an exact engineering computation in cubic yards of the amount of

earth material that will be excavated, removed, graded, or added to the plot

for which a subdivision or resubdivision is submitted. The plans shall

differentiate between filling, excavation, and removal.

Still Pending

At the March 27 session, P&Z members did not act on some other controversial

development regulations they have proposed.

Those rules would limit the extent of excavation, removal, regrading, and

filling of land for street construction and drainage structure installation.

Also, the grading of cut-and-fill slopes and rock cuts would be limited.

Under those proposed rules, the maximum grade for any driveway would be 10

percent, as compared to the current 15 percent. Parking areas would be limited

to a 5 percent grade.

The maximum grade for a driveway where it meets a street would be 5 percent.

The 5 percent grade would have to be maintained for at least 45 feet back from

the center line of the street.

Driveways would intersect streets generally at right angles. All driveways

would be built before any buildings are constructed on lots.

Driveways serving single-family houses would be at least ten feet wide for

their entire length. Driveways would be designed to allow safe passage of

emergency vehicles. Driveways would be designed to maintain the natural and

historic features of a lot, including the land's contours, mature trees, stone

walls, and archaeological artifacts.

Developers, builders and engineers who spoke at the March 20 public hearing

criticized the proposed driveway slope limits. They also opposed the controls

on cutting, filling, and grading, terming them excessively strict.