Groton Open Space Association

Zoning Unit Gives Split Approval To Active Senior Housing

GROTON–The Town of Groton Zoning Commission voted 3-1 at its monthly meeting Feb. 2, 2005, to approve creation of a new class of multi-family cluster unit known as Active Senior Housing (ASH).

Chairman Stephen J. Hudecek voted against the zoning regulation amendment proposal. Members Richard Haviland, Brian Shirvell and Douglas Brandt voted for the proposal, which had been presented to the board by Michael J. Murphy, director of planning and development. Mr. Haviland proposed the motion approving the proposal, saying he believed it reflected the intentions of absent member George Marcus, who has pushed for clarification of zoning regulations in this area.

The Groton Open Space Association attempted to make a statement in opposition but was told by the panel that the public hearing had ended at the Commission’s last meeting on Dec. 1, 2004.

Mr. Haviland contended that the board could not listen to further argument because it was acting in a quasi-judicial capacity, sitting in judgment on evidence already presented. GOSA argued that the Zoning Commission’s function in this matter was more legislative than judicial because it involved a zoning regulation amendment, not a subdivision application, and that latitude should be allowed for further public input. Mr. Murphy advised the Commission not to listen to further argument, claiming that to do would take the Commission into “dangerous” territory legally. He asserted that the proposal presented Feb. 2 did not differ materially from that made at the Dec. 1 hearing.

GOSA’s main objection to the zoning regulation amendment is that it could lead to unacceptably high densities unless accompanied by a definition of buildable land and a link of the definition to the number of permitted units. Chairman Hudecek had provided an example at the Dec. 1 meeting. He noted that a 10-acre parcel–zoned for half-acre, single-family housing–would accommodate 20 ASH units within a 2-acre area, if 8 acres of 10 were unbuildable. Reasons for land being unbuildable include the presence of wetlands and steep slopes. Under GOSA’s reasoning, such a parcel should accommodate a 4-unit development on the 2 buildable acres.

Prior to the vote, Mr. Hudecek expressed concerns about traffic that would be generated by ASH, the looseness of ASH age restrictions, and densities that would be generated.

Mr. Murphy said he wanted to come up with a definition of buildable land for Groton but couldn’t apply a definition only to one class of housing. This appeared to leave the board with three options: to hold up the amendment until a definition was hammered out; to amend regulations now, including a definition and suggesing it be spread it across the board as quickly as possible; or to push an amendment through now without a definition. It chose the last option, by a majority.