Groton Open Space Association

Zoning Unit In Lively Discussion Of Proposed Rule Rewrite

 GROTON — Zoning Commission Chairman Stephen Hudecek posed a question at the May 5, 2010, commission meeting that touched off a spirited discussion about the proposed rewrite of the town’s land use rules.

  The discussion disclosed that several commission members have unanswered questions about proposed formula-based calculations of how many residential units may be built on a given piece of land.

 Matthew Davis, planning manager, expressed frustration that “we’ve been going around in circles for two years” on the project, which was kicked off May 7, 2008, with a public briefing carried out by two representatives of Kendig Keast Collaborative, a Midwest-based consulting firm hired to blueprint the rewrite. Mr. Davis said the town must get past what he termed a “fixation on yield” (number of permitted units).

 The discussion broke out when Mr. Hudecek asked Mr. Davis whether he had prepared a study to compare theoretical yields on given pieces of land under current and proposed regulations. Mr. Davis replied that the Office of Planning and Development Services had provided analyses of yields on various pieces of land under the proposed regulations. However, he conceded that theoretical current yields were not prepared for the same tracts.

 Mr. Davis said the “amount of disturbance” of land involved in a development is more important than the yield. Mr. Hudecek responded that “unit yield is one thing that the Zoning Commission must consider.” He noted studies that show new houses cost more in town services than they produce in taxes. Mr. Davis countered that such studies ignore the “life of a house,” during which a couple may live longer before having children and after the children leave home than they do while they have school-age children. The taxes paid by the couple while living alone will exceed the public expenses of educating the children, he contended.

Alternate Commissioner Susan Sutherland pointed out that the proposed rules changes could dramatically increase yields. She noted that the 63-acre Sheep Farm on Hazelnut Hill Road is the site of an approved 33 unit single-family home project. However, the yield shown in a KKC analysis for that property was as high as 79. [Other calculations show it rising above 100.]

 Mr. Hudecek, reacting to Ms. Sutherland’s remark, said, “ I’m not looking to double down on every piece of property.” He added that the Zoning Commission must consider the impact of a yield increase not only on the particular tract involved but also on the town as a whole.

 Commissioner Robert O’Neill complained that the commission is “not yet fully knowledgeable” about the proposed changes. He said the commission had been briefed only a few times and added, “We need products that we can put on” and try out. Mr. Davis asserted that the OPDS had conducted a “robust process” of public participation and information about the rewrite program. Ms. Sutherland complained that she had pointed out errors in a unit yield formula sheet that never were corrected.

 Commissioner Mariellen French told Mr. Davis, “It sounds to me as if you’re saying that if you have 10 acres, and 8 of them are a lake, then you put everything [that would be allowed on 10 acres] on the 2” that are dry.

 James Furlong, a Mystic resident, noted in a citizen’s communication that the OPDS had presented the plan as a means of encouraging compact development, which in turn would preserve open space. Mr. Furlong said that the plan could help save some open space — though not substitute for direct protection — but only if the land left aside could be permanently and securely saved. Mr. Davis offered only that once a subdivision is approved, it cannot be altered without a resubdivision. Mr. O’Neill said, “We should do our best… [but] I don’t think we should kid ourselves that there is permanent protection.”

 The vulnerability of “saved” land was inadvertently highlighted by KKC itself in a March 4, 2009, presentation. KKC said that a theoretical developer of the Sheep Farm might want to build on one portion of the farm and then — in the words of a Power Point slide — “detach inaccessible portion of site. Wait for possible future developer to come in from other side.”

 Mr. Davis said he would prepare additional analyses of the Sheep Farm. GOSA has an option to buy the Sheep Farm and has submitted an application for a state grant to help finance the purchase.