Date: Fri 13-Mar-1998

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-open-space-regulations

Full Text:

P&Z Clarifies Its Preferences For Open Space

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members are proposing an expanded set of

open space regulations which more explicitly state what type of undeveloped

land the P&Z wants donated to the town or to land conservation groups when

subdivisions are created.

A public hearing on the proposed new open space regulations is scheduled for 8

pm, March 19, at Newtown Middle School auditorium.

Existing regulations on the donation of open space land are cursory and

somewhat vague. Through the proposed new rules, the P&Z seeks to clarify town

priorities in terms of what makes for desirable open space land, explained P&Z

Vice Chairman Daniel Fogliano, who has spearheaded efforts to rewrite the

rules.

While the existing regulations state the P&Z "may" require developers to

donate ten percent of the total area of a subdivision as open space, the

proposed rules require that a minimum ten percent of the subdivision "shall"

be donated as open space, parks and playgrounds, he said.

The proposed rules: contain a statement of the P&Z's intent in acquiring open

space; clearly define what types of property the P&Z wants designated as open

space; and establish priorities in acquiring open space.

The proposed rules require open space donations that are physically

representative of the subdivision, with the aim of obtaining better quality

land than has been donated as open space in the past, Mr Fogliano said. The

P&Z would have the option of acquiring open space land containing a valuable

natural feature, such as a bog, marsh, swamp, overlook or brook.

The proposed regulations retain the P&Z's option of obtaining a "fee in lieu

of open space" which would be placed in a fund for open space land acquisition

of property outside subdivision.

Provisions

According to the proposed regulations, open space shall be composed of land

that is characteristic of features and topography found on the entire site.

The percentage of open space land which includes steep slopes, wetlands,

watercourses and rock outcroppings would be no greater than the percentage of

land of that character on the overall parcel.

Under the proposed regulations, the acquisition of open space land would be

prioritized in the following descending order:

Connecting new parcels of open space with existing or proposed greenway

corridors for pedestrian, bicycle or bridle paths.

Expanding existing open space and recreational areas present on adjoining

properties.

Preserving, relocating and/or enhancing existing trails which have public

access rights.

Conserving and protecting wildlife habitat areas, natural or scenic features

and resources, and historic and archaeological resources.

Meeting neighboring and/or communitywide recreational needs.

Preserving agricultural lands.

The five-page revision of the open space regulations includes some related

amendments requiring: that a subdivision applicant seek to preserve and

enhance natural features, large trees, stone walls, scenic points and historic

factors; that the removal of stripped topsoil or surplus earth materials not

be permitted other than provided for by the zoning regulations; that the

applicant provide a map showing parcels of land within 5,000 feet of the

proposed subdivision that are currently reserved as open space, parks or

playgrounds, or which are owned by the town, state, a land trust or a forest

association; and that calculations be provided on the entire subdivision and

the proposed open space within it which has slopes greater than 25 percent, or

are wetlands, watercourses and rock outcroppings.

Customarily, developers have donated about ten percent of the land in a

subdivision, sometimes more and sometimes less, to the town or a land trust

for passive recreational uses such as hiking, horseback riding, and nature

study. Typically, such land donations involve low quality land which is

unsuitable for home building, so, in effect, the developer is not losing a

building lot in a subdivision to open space.

Spelling out what the town wants in the way of open space is intended to give

developers clear guidance in making open space donations, as well as provide a

standard of reference for the changing membership of the P&Z.

In a past memo to P&Z members last spring, Elizabeth Stocker, the P&Z planning

aide, wrote "There is strong appreciation for the town's remaining rural

character and... open space ranks high on the list of community assets. There

is clearly an opportunity at hand to protect the character of the community

and guide the placement of future open space areas which will preserve key

natural features and serve as recreational resources. By providing guidelines

and a pro-active policy for use in determining where open space parcels will

be located within a development, the community will realize the open space and

recreation goals and objectives of the plan of development."

In 1996, the Newtown Neighborhoods Coalition, a citizens group concerned about

the rapid pace of local residential development, proposed a variety of land

use rule changes to more strictly control growth.

P&Z members did not then endorse the coalition's proposal, but said they would

develop revised open space regulations.