NHReg article 2 on adopting the OSPlan

Again the PZC tabled approval of the OSPlan (I was away and could not attend the meetings)

http://www.nhregister.com/articles/2009/01/15/news/valley/b3-shopen14.txt


Shelton PZC again tables vote on open space plan

Thursday, January 15, 2009 7:18 AM EST
By Jean Falbo-Sosnovich, Register Correspondent

SHELTON — For the second time in as many months, the Planning and Zoning Commission has tabled action on approving an updated draft of the city’s Open Space Plan.

The commission Tuesday continued to grapple with some revisions to the document, which was completed by the Conservation Commission last August. Rather than vote on the document in haste, the PZC decided to hold a joint meeting with the Conservation Commission to clear up any remaining concerns and questions.

++ Vote in haste? This has been available for over 1/2 a year. ++

One issue in particular has to do with changing the city’s goal for open space from 10 percent to 15 percent. Ultimately, that requirement would fall into the PZC’s hands, as Planning Administrator Rick Schultz explained the Open Space Plan would become the PZC’s document upon approval.

++ Just as the already adopted (2006) Plan of Conservation and Development that the PZC and BOA both reviewed is the PZC document upon approval. It too has as a goal to preseve an appropriate percentage of the City's landmass as open space, and a strategy to accomplish that goal is to increase the % set-aside of open space in the subdivision regs. The OSPlan does not veer from already adopted strategies ++

Planning and Zoning Commissioner Leon Sylvester continued to express some concerns about whether that issue had been adequately debated. Sylvester, while commending the Conservation Commission on its work to update the plan, said he thinks more input is needed.
“It’s a well-done document and a lot of time and hard work went into it,” Sylvester said. “But there are some items in there that are really impactful on the city. And there are several recommendations in there that are totally in the hands of the Planning and Zoning Commission.”

++ The strategy of % open space set-aside was in the Plan of Conservation & Development when it was reviewed by the BOA, and the PZC. It was also in the OSPlan when it was reviewed by the PZC. Right there are 3 public hearing times. It came about after numerous opportunities for public input during charettes and exercises where the public expressed an importance for Open Space in the community. The strategy does not become a policy or process unless it is pursued. Such pursuit of reviewing the subdivision regs should be taken up, and the public can have even further input into the issue. The recommendations of strategy are absolutely in the hands of the PZC. They were elected to make such decisions on the public's behalf. They represent the public. The public has put into the PZC hands these decisions for planning and zoning applications and the regulations under which they are submitted. They need to proceed with that job. ++

Sylvester said he “took a beating” at the commission’s December meeting for questioning the 10 to 15 percent change. He insisted his comments weren’t intended to thwart the open space plan, but rather to ensure that enough discussion occurred about whether 15 percent was the right number.

++ I refer again to 3 public hearings, and months of public discussion. What has changed since the PZC adopted this strategy, other than the Shelton Builders Association being founded and speaking up in opposition to this strategy? ++

Schultz said there were some concerns, particularly from contractors and attorneys, about whether requiring developers to set aside 15 percent of land from a subdivision for open space was “excessive.” However, Schultz said many other municipalities have been successful with the same figure, and he said the city’s corporation counsel concurred that Shelton do the same.

++ The CC and PZ Administrator have investigated the proposed strategy in light of Ct Gen Statutes and found other communities doing the same direction, and review by Shelton's Asst Corporation Counsel confirmed that it was valid. ++

Sylvester made a motion Tuesday to adopt the plan to show he’s in favor of it, even though questions remained, but later amended his motion in favor of both commissions holding the joint meeting.

++ Not to quibble, but technically under Roberts Rules of Order, you have to make a motion to the issue in order to discuss it, so that doesn't exactly mean you support it until you vote affirmatively for the motion. I have no problem with a jt mtg, but the plan speaks for itself ++

Schultz said the city isn’t under any deadline to approve the document, although the revisions will ultimately enable the Conservation Commission to seek more grants to aid in its open space acquisition.

++ The CC does not have any active acquisition grants in place, but we are in process and discussions toward acquisition of certain parcels which would be possible subjects for such grant applications. Timely review and adoption of the OSPlan would ensure that no hinderence of such application consideration would occur. ++

The plan also recommends that an agricultural district be formed in the city’s White Hills section, which would be designed to focus on preserving remaining farmland, as well as to obtain agricultural grants. It also includes the Conservation Commission’s goal to acquire at least 450 of Shelton’s 3,000 acres left of undevelopable land for future open space.

According to Conservation Commission Chairman Tom Harbinson, the city’s Plan of Conservation and Development recommended that the Open Space Plan be updated. While there are no laws mandating when or how often municipalities should update their open space plans, Harbinson said the commission believed it was an appropriate time to do so, especially since the plan hasn’t been updated since 1993.

++ The existing OSPlan has served the community well. There does need to be consideration of the accomplishments since the plan was adopted, and reflect on the subsequent direction of the community during the ensuing years. This plus, as stated, the PoC&D states that the CC is assigned a "task" of updating the OSPlan. ++

Currently, the city has more than 1,900 acres of open space, which is used for passive recreation, including several greenways and trails widely used by residents.