P&Z Considers Revising Open Space Rules

By Andrew Gorosko

In seeking to revise the land use regulations to encourage large amounts of open space being designated in certain new residential subdivisions, Planning and Zoning Commission (P&Z) members are considering retuning the rules to make such developments a more appealing prospect for applicants.

P&Z members met on September 27 to consider the many comments made by engineers, builders, and developers at a September 20 P&Z session on how the town’s Open Space Conservation Subdivision (OSCS) regulations could be rewritten to maximize the amount of open space that would be preserved in certain new residential subdivisions. The P&Z invited those people to the September 20 meeting to explain how the OSCS regulations could be improved.

Although the OSCS regulations have been in effect since August 2004, no developer has ever pursued a residential development project under the terms of those rules. The OSCS regulations are intended to curb suburban sprawl by “clustering” the houses that are built on a site, thus preserving relatively large amounts of contiguous open space areas.

The P&Z now requires developers to designate at least 15 percent of the area in a conventional residential subdivision as open space. By contrast, the current OSCS regulations seek to have 50 percent of a subdivision protected as open space.

P&Z members discussed multiple aspects of the OSCS rules on September 27.

P&Z Chairman Lilla Dean she expects the P&Z will modify the OSCS rules by the end of the year. Such rule changes would be the subject to discussion at a public hearing before the P&Z acts on the proposal.

P&Z members are considering OSCS regulations that would allow a one-to-one ratio between frontage lots and rear lots. Under such a plan, for each building lot that has road frontage, one rear building lot would be allowed. Such rear lots typically are served by long driveways.

Agency members also are considering the effect that the availability of public water service and public sewer service would have on the number of building lots that would be allowed in an OSCS development and also the size of those building lots.

“The lot-size thing is a whole issue in itself” which will need more review, said George Benson, town director of planning and land use. “The lot size [issue] is very complicated,” he added.

Mr Benson suggested that the P&Z delete an OSCS rule that requires a minimum of 20 acres for OSCS development to allow such projects at smaller sites.

Also, P&Z members are considering requiring the construction of concrete sidewalks in all new residential subdivisions, both conventional and OSCS.

Additionally, P&Z members are reviewing the specifications for public roads in OSCS projects. Issues under review include road width, curb design, and the sharpness of road curves.

Also, the three P&Z members at the September 27 session agreed that a special exception permit should not be required for OSCS projects. Thus, an applicant would only need to receive a subdivision approval, simplifying the application process.

As an incentive, Ms Dean suggested that the P&Z offer applicants a “density bonus” for OSCS projects, which would allow developers to build more houses on a given OSCS site than would be allowed there under the terms of the regulations for conventional subdivisions.

Currently, the OSCS rules cover residential areas with minimum one-acre, two-acre, and three-acre zoning.