Groton Open Space Association

PC To Discuss Possible Open Space Tax Designation For Private Lands (with add & update)

GROTON — The Planning Commission has scheduled a discussion at its next meeting, May 25, 2010, of a Conservation Commission request for long-delayed action needed to make possible a reduction in taxes on privately owned “open space” lands.

Planning Commission Chairman James Sherrard put the item on the agenda after determining that fellow commission members would like to talk about the request, made in an April 30 letter from Conservation Commission Chairman Brae Rafferty to Mr. Sherrard.

In other news from the May 11 Planning Commission meeting,  Planning Manager Matt Davis said Kendig Keast Collaborative, a midwest consulting firm, will prepare in coming weeks some conceptual building possibilities for the Sheep Farm on Hazelnut Hill in order to help people “understand potential outcomes” of KKC proposals.  Several members of the Zoning Commission expressed concern at their latest meeting May 5 about increased dwelling densities under Kendig Keast’s plan for a rewrite of Groton’s land use regulations.

Sidney Van Zandt of Noank, in a public communication, urged that the planned rewrite include prohibitions against clear-cutting in developments and that better storm water management be required. Ms. Van Zandt, vice president of GOSA, was speaking as an individual.

Mr. Rafferty said in his letter to Mr. Sherrard that the Conservation Commission three years ago finished developing a list and map of properties that could qualify as “open space.” It was to be reviewed by the Planning Commission as part of an overall procedure to make a tax reduction possible.

Mr. Rafferty said the material was sent on to the Town’s Planning Department for inclusion in the next Planning Commission agenda. “My understanding is that three years later, the Planning Commission has not seen this informatioin. I strongly request, through your position as chairman, that you ask the Planning Dept. to put this item on your aenda for your Commission’s review.”

The town currently has available tax reductions for private property under state Public Act 490 (passed in 1963) for forest and farmland but doesn’t offer the same opportunity for open space. The act specifies taxation at rates based on actual use, rather than fair market or so-called “highest and best use” value. It encourages private owners to hang on to land that otherwise could get forced out of environmentally desirable uses.

One outside source said open space designation is a local option, not a requirement, of PA 490, and a program of tax reduction for private open space lands would require Town Council action.

The 2002 Plan of Conservation and Development comments that farm, forest and open space land “has a positive fiscal impact on the Town since it pays more in taxes that it receives in services.” 

An official of the Office of Planning and Development Services said the list to which Mr. Rafferty referred is called “Properties Desirable for Protection.” The latest version of the list, dated March 3, 2008, is appended to this article. The list has been publicly available for some time. The official said some of the listed properties already are taxed at reduced rates because they are classed as farms or forest lands.

Regarding KKC, Mr. Davis said he expects the firm’s work to be completed in three to four weeks. He said he is not sure whether a KKC representative will travel to Groton from the midwest to present the exercise. The Sheep Farm currently is under option to GOSA, which hopes to purchase it later this year. KKC has used the farm in theoretical modeling of the impacts of their proposals.

Ms. Van Zandt, noting the economic damage done to the Gulf of Mexico by a BP oil drilling accident, said that Groton has a significant stake in the multi-billion dollar Long Island Sound economy–boating, fishing, swimming, real estate and tourism. “Last month, we had two major storms…back to back. Wells were overflowing, basements were filling up, lawns were turning into ponds, even sewage pump stations were on the edge of spewing out of their street drains…” Besides doing major damage on land to bridges and roads, the water ended up as runoff into reservoirs, coves, small estuaries and the Sound, she said.

She said that all land in Groton that is not specifically saved will be developed over time, which means that strong regulations are needed. These should include a ban on clear-cutting and insistence on modern stormwater management methods, including use of pervious hard surfaces in new development to minimize or prevent runoff. She noted that the University of New Hampshire is offering courses for town planners and land-use commissioners in such techniques.

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DRAFT [Source: Conservation Commission/OPDS]
March 3, 2008

Town of Groton
Properties Desirable for Protection

1. Spicer, Ackley, Tuthill Properties, Thomas Road (70 acres) – The properties are zoned IA-40 and are in the Coastal Area Management (CAM) zone. Resources include flood plain, and tidal and inland wetlands associated with Birch Plain Creek. It is shown on the Natural Diversity Data Base. It is adjacent to existing open space and would add to the western greenbreak.

2. P&W Railroad, Military Highway – The area is zoned R-12 and is in the CAM zone. Resources include frontage on and scenic views of the Thames River. It is in an area of dense residential development.

3. Gungywamp Area/Ceravolo, YMCA, Burrows, Gungywamp Land Inc, Hall, Terra Firma, Giordano Properties (1000+ acres) – The area is zoned RU-40 and is in the Water Resource Protection District (WRPD). Resources include archeological sites, steep slopes, ledge, wetlands, watercourses and Latham Lake. There are mature forest and significant rhododendron areas. It is adjacent to land owned by Groton Utilities and is within the public drinking water supply watershed. It would add to the western greenbreak. There are several residential structures.

4. Grunwald, Nugent, Sousa, Leonard Properties, Colonel Ledyard Highway (75 acres) – The properties are zoned RU-40 and are in the WRPD. Resources include wetlands, watercourses and steep slopes. It is adjacent to Avalonia Land Conservancy property and would add to the central greenbreak. There are several residential structures.

5. Whittle, Umrysz Properties, Yetter Road (300 acres) – The properties are zoned RU-40 and a portion of the area is in the WRPD. Resources include farmland, a Christmas tree farm, watercourses, ponds and the ledge area known as the horse pound. It abuts existing open space and would add to the eastern greenbreak.

6. Watrous, JJJ Realty Properties, Noank-Ledyard Road (170 acres) – The properties are zoned RS-20 and IP-80B. Resources include Eccleston Brook, wetlands, vernal pools, and archeological sites. The properties are in an area of residential development. They abut existing open space and would add to the eastern greenbreak.

7. Merritt, Sutphen Properties, Fishtown Road (152 acres) – These properties are zoned RS-20 and R-40 (Noank zoning). Resources include Eccleston Brook, wetlands, and vernal pools. It abuts existing open space and would add to the eastern greenbreak. There are residential structures on the properties.

8. Merritt, Hadlow, Aiezza Properties, Brook Street (21 acres) – The properties are zoned R-40 (Noank zoning) and are in the CAM zone. Resources include tidal and inland wetlands, watercourses and Palmer Cove. The properties abut Haley Farm and the Tanglewood open space. There are residential structures on the properties.

9. JJJ Realty Property, Noank-Ledyard Road (80 acres) – The property is zoned RS-20. Resources include a working farm, wetlands and a watercourse. The property abuts Pequot Woods open space and would add to the eastern greenbreak.

10. Fish, Leuba Properties, Sandy Hollow Road (60 acres) – The properties are zoned RS-20 and RU-20 and a portion of the area is in the CAM zone. Resources include Bindloss Brook and associated wetlands. The property abuts existing open space and would add to the eastern greenbreak.

11. Ingle, Barravecchia, Fish Properties, River Road (2 acres) – The properties are zoned RS-20 and are in the CAM zone. Resources include tidal marsh and access to the Mystic River. They are adjacent to existing town open space.

12. Mystic Education Center (undeveloped east and north areas), Brown, Tillman, Stiles, Conard, Saffomilla Properties, River Road (300 acres) – The properties are zoned RU-80 and are in the CAM zone. Resources include Haley Brook and associated wetlands, steep slopes, Smith cemetery, and access to the Mystic River. The property abuts the River Road town open space purchased with the 1988 bond funds. There are residential structures on the properties.

13. Arms property, River Road (19 acres) – The property is zoned RU-80 and is in the CAM zone. Resources include tidal marsh and its location at the point where Whitford Brook becomes the Mystic River. There is a residential structure on the property.

14. Elm Grove Cemetery Association, LaPointe Properties (77 acres) – The properties are zoned RU-80. Resources include Red Brook and associated wetlands. They are adjacent to the closed Welles Road Bulky Waste Landfill and other town owned open space and would add to the eastern greenbreak. There is a residential structure on the LaPointe property and a gravel excavation on the Cemetery Association property.

15. Jones, Rogers Properties (50 acres) – The properties are zoned RU-80. Resources include wetlands and steep slopes. They are adjacent to town open space and the closed Welles Road Bulky Waste Landfill and would add to the eastern greenbreak. There are residential structures on the properties.

16. Town of Groton Property, Route 117 (6 acres) – The property is zoned RMF-8. Resources include ledge, a potential vernal pool and proximity to the public drinking water reservoir. It abuts the historic Jabez Smith house.

17. Turner Zappella Funding, LLC Properties, Starr Street and Starr Lane (8 acres) – The properties are zoned RS-20 and are within the CAM zone. Resources include ledge, wetlands and possibly Native American sites. One of the properties abuts the Peace Sanctuary. There is one residential structure on one of the properties, the others are vacant.

18. Weber Property, Groton Long Point Road (1 acre) – This property is zoned R-40 (Noank Zoning District). It is completely surrounded by the Mortimer Wright Property, a town-owned open space, and does not appear to have access to any roads other than over the open space. The Commission recommends acquisition of this parcel. Resources include wetlands.