Groton Open Space Association

Open Space Tax Designation Question Remains Stuck

GROTON — The question of  allowing tax reductions for owners of  lands designated as “open space” came no closer to an answer June 7, 2010, due to the cancellation of a scheduled meeting of the Conservation Commission at which the matter would have been discussed. The meeting failed to draw a quorum. 

 The Conservation Commission had asked the Planning Commission in an April 30 letter to consider open space designations as part of an overall process needed to obtain open space tax relief. Open space status is sought for 18 tracts on the CC’s list of “Properties Desirable for Protection.” (See map and key to numbers at bottom of article.) 

In his April 30 letter, CC Chairman Brae Rafferty complained that the list and map of the properties, completed three years earlier, had not yet been seen by the Planning Commission. 

The Planning Commission decided to discuss the issue at its May 25 meeting, but the discussion was thwarted by receipt of a memo from Michael J. Murphy, director of planning and development. Mr. Murphy appended “luciferous” meeting minutes, including those of a Dec. 12, 2006 Planning Commission session that stated, “Staff distributed a color map and list of the Conservation Commission’s recommendations for properties desirable for protection.” This referred to a final version of the materials that had been presented in an earlier form to the Planning Commission and had drawn questions from commission members. No further detail was provided by the Dec. 12, 2006 minutes. 

Mr. Rafferty, who was at the Town Hall Annex June 7 for the meeting that was cancelled, said that speaking as an individual he was not prepared to comment on Mr. Murphy’s memo statement that the “Planning Commission received and reviewed in depth the recommendations of the Conservation Commission.” Mr. Rafferty said he needed to check the statement further. 

Mr. Rafferty said that if  the June 7 meeting had proceeded as planned, one topic would have been a response to Mr. Murphy. He added that he personally was eager to go forward quickly with the work needed to obtain open space tax status for the properties on the list. Mr. Murphy said in his memo that “staff can provide more detail about the costs and benefits of the [tax] program, when properly applied, at the [Planning] Commission’s next meeting.” [The matter is not listed on the Planning Commission agenda for June 8.] 

In response to a question, Mr. Rafferty said that a reduction of taxes for open space properties was not meant to exclude other forms of protection for them. 

In his memo, Mr. Murphy said the following about a contemplated update of  the Plan of Conservation and Development that was to have taken place 4-5 years ago: 

“…a separate POCD Conservation Theme update was contemplated by the [Planning] Commission and staff in the 2005-2006 period, but it was mutually determined to hold off on that in light of development activity, project work load and pending comprehensive update to all land use regulations, which was a higher priority. The complete POCD update process has been scheduled to begin in FYE 2011, so it can be completed in 2012 in accordance with the 10-year update requirement of the state statutes. The Conservation Commission recommendations will certainly be considered at the hearing held on the POCD update.” 

It was not immediately clear whether the July Conservation Commission meeting will take place as scheduled, because Deb Jones, OPDS adviser to the unit, will be on vacation at that time. [UPDATE:  The July meeting was canceled.] 

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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.