OSPlan CtPost 3rd article

The Ct Post has a 3rd article in Friday's paper (I'm alerted online via google news at 7:30 the day before it's in the "dead-wood" format). Please goto the newspaper's website to view the content first hand. As is my custom and purpose of this forum, I note the article with my comments throughout, and serve as an archive for articles not retained in an online format.

At issue: Setting aside open space
By Kate RamunniSTAFF WRITER
Updated: 01/22/2009 06:25:33 PM EST

http://www.connpost.com/ci_11530005

SHELTON -- As it moves closer to approving a new Open Space Plan, the Planning and Zoning Commission will next look to implement higher subdivision set aside regulations.

The commission's Plan of Development recommends developers deed 15 percent of their property for open space and the Conservation Commission's proposed Open Space Plan does likewise. That requirement is currently 10 percent.

++ Technically, it is the "Plan of Conservation and Development". It recognized planning goals, and strategies that could achieve those goals. One of the goals is to permanently protect as Open Space 15% of the City's landmass. One of the strategies to reach that goal is to increase the set-aside for open space, currently called out in subdivision regulations as 10%, to 15%. The OSPlan drafted by the CC concurrs or reinforces pursuit of that strategy. ++

When that plan came before the zoning commission for approval late last year, Shelton Builder's Association attorney Stephen Bellis told the commission that he would file a lawsuit should it be implemented into the subdivision regulations, when it would become legally enforceable.

Conservation Commission Chairman Tom Harbinson and zoning Commissioner Leon J. Sylvester clashed over the issue when Sylvester said he wanted see more discussion on it.

But a joint meeting of the two commissions Wednesday lacked that acrimony as they worked out their differences in anticipation of the P&Z approving the plan at its Jan. 28 meeting.

Since the issue came up, Sylvester repeatedly said he supported the plan and made motions to pass it on two different occasions. But he said he wanted the percentage issue resolved by putting it to a vote to change the regulations, which the commission will do after the plan passes next week.

++ Technically, only the January mtg of the PZC had a motion made and seconded to adopt the OSPlan. ++

"I would like to have a public hearing and have a discussion about it in the open rather than as just part of the plan," Sylvester said. "I believe it should be brought forward and discussed and decided."

++ The strategy expressed in the OSPlan (increasing the % of OS set-aside) was available for discussion at public forums which created the PoC&D in 2004, public hearings by the PZC during it's adoption in 2006, and in public hearings by the BOA during it's favorable referral to the PZC for the PoC&D in 2006. The same strategy was re-iterated in the OSPlan which was available for comment online in summer of 2008, and during the public hearing on it held by the PZC in Nov2008. The only person who spoke unfavorably was a representative of the Shelton Builders Group, and the sole comment was concern over pursuing the recomended strategy in light of CtGenStatues. ++

Because his wife is a real estate agent, Sylvester has been accused of favoring developers, but that's not so, he said, pointing to the many times he has pushed for open space preservation over the years, especially waterfront property.

++ I have never accused Leon of favoring developers in subdivision applications presented before the PZC. However, I have pointed out the difference between abstaining and recusing on an issue, and the lack of clarity on the record when that occurs. Simply look at the PZC minutes of Jan13 just a week ago. An inadequate example of recusing is recorded by Chris Jones in the pg.9 for application #09-01 (didn't state reason for conflict), and a proper example shown by Pat Lapera in the same mtg on pg.14 for application #109-4 (wife works at law firm that is party secondarily involved with the application). I have never even accused anyone on the PZC of an ethics violation, I simply pointed out the difference that should be acknowledged on the record in the minutes of the PZC mtgs. ++

And on several occasions, he supported buying open space when others were not interested, he said, such as land along the Housatonic River near Indian Wells that the city declined to buy from the Bridgeport Hydraulic Company, which owned it at the time.

++ The area being referred to is the "Maples" on the right along the shore as you enter the area of Indian Wells State Park. The land was leased by the water company to private homeowners, and land leases not being renewed. The owners of the improvements wanted to gain full ownership in fee-simple. The water company had difficulty doing this directly due to liability concerns (the homes were often flooded being right on the riverfront). I believe that the City acted as an intermediary to facilitate transfer to private owners, but this was before my involvement with the City and that is the extent of my knowledge on the issue ++

The city also initially passed on property on Perry Hill Road adjacent to the former Shelton Intermediate School that it later bought at a higher price from developers who had plans to build on it.

++ The area being referred to is the "Hurd" property on the left as you enter the old Intermediate School parking lot from Perry Hill. It is often alleged when this subject arises that there was a "right of first refusal", but no such document has ever surfaced. I'm unaware of an offer made to the City that they "passed on". From my memory, a developer either had an option or had made purchase in fee-simple, and presented application for zone change and development. This was around the time that the Board of Ed had just completed the new SIS bldg and questions about the future use of the old SIS bldg and possible need for an elementary school were being floated. Leon was the Superintendent of Schools at the time (and also was on the PZC then too). Consequently, the passive stance of the City changed to a more active interest and the property was purchased. The City has leased the dwelling, and currently is using a rear portion for stockpiling materials during re-construction of a new school on the site. ++

"It would be helpful to have information about such properties and have better planning with all city agencies such as the Board of Education and the Parks and Recreation Commission," Harbinson said.

++ The P&R should have projections on sports fields needs. The BoEd should consider where residential development can or may take place and the results that could be felt on the school system that would result in expanded facility needs. The CC has been out in front with these thoughts. It was the CC who pushed for the BHC purchase, recognizing that parts of the property purchased would make a fine candidate for a school campus being adjacent to the High School. It was the CC who additionally encouraged that the Wiacek Farm adjacent to the SHS campus and sports fields, be examined and deserved attention for acquisition. It was the CC who saw to the purchase of the Behuniak and Carrol properties that surrounded the Long Hill Elementary School. It was the CC who sought the City purchase the Tall Farm and it is now providing informal fields for lacrosse use. I'm not tooting my own horn, as there were many other individuals and bodies who contributed toward conclustion sought by the CC, but these decisions would be better prepared for if the two bodies mentioned would do some planning, and share the results. The projected needs could then be matched against potential land areas with their varying characteristics and valuations. ++

The proposed set aside increase from 10 to 15 percent is nothing new, Harbinson said. "This is not something that came out of the blue," he said.

The plan also has a goal of preserving 15 percent of the city as open space, he said, and because of the lack of large remaining parcels, subdivision set asides are an important tool to reaching that goal.

"It's one strategy," he said.

++ With or without a PZC follow thru to implement such a strategy, the goal to achieve a balanced community of developed areas and open space land will be met. ++