FW: SheltonCC Re: FW: open space regulations

[Teresa Gallagher]

Ed asked me to resend the list of what some other towns are doing for open
space set-asides (below). I am also forwarding a response from the CACIWC
listserve on this issue:

--------------------------------------------------------------
Teresa,

!0% of the land is not necessarily 10% of the value. All land, in terms of
market value is not created equal. Since often the developer includes
wetlands in the open space parcel, that land is clearly not the same value
as the uplands. Perhaps you could ask the developer to give you 10% of
the buildable land and refuse to accept wetlands in your open space set
asides.

In Greenwich we take 15% and this is not challenged. The only time we
don't take this is on a two lot subdivision (which we formally did as lot
splits as of right).

Denise

Denise Savageau
Conservation Director
Town of Greenwich
101 Field Point Road
Greenwich, CT 06830
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-----Original Message-----
From: shel...@googlegroups.com [mailto:shel...@googlegroups.com]On
Behalf Of Teresa Gallagher
Sent: Wednesday, November 19, 2008 6:05 PM
To: shel...@googlegroups.com
Cc: Richard Schultz
Subject: SheltonCC Re: FW: open space regulations



THe NEMO website uses Torrington as an example of subdivision regulations
and open space requirements. There, the set-aside requirement is 20%, AND
the percentage of steep slopes and wetlands in the open space can be no
greater than the subdivision as a whole.
http://clear.uconn.edu/tools/lid_reg/regdetail.asp?listreg=24

What other towns are doing: From
http://hvceo.org/regionalplan_openspaceandrecreation.php

Bethel 10%
Bridgewater 15%
Brookfield 15%
Danbury 5% to 20%
New Fairfield 20%
New Milford 15%
Newtown 15%
Redding 10%
Ridgefield 10%
Sherman 15%"
--------

And some other towns:

Oxford 20%
Lebanon 20%
East Hampton 15%
South Windsor 20%






-----Original Message-----
From: shel...@googlegroups.com [mailto:shel...@googlegroups.com]On
Behalf Of Teresa Gallagher
Sent: Wednesday, November 19, 2008 3:32 PM
To: Conservation Google Group
Subject: SheltonCC FW: open space regulations


Planning and Zoning was sent the attached letter from Steve Bellis,
representing the Shelton Homebuilders Association, objecting to the proposed
15% open space set-aside requirements as follows:

"As you know, a City’s subdivision regulations cannot conflict with
Connecticut General Statutes. Connecticut General Statute §8-25 concerns
the subdivision of land. The statute clearly states 'such payment or
combination of payment and the fair market value of land transferred shall
be equal to not more than 10% of the fair market value of the land, to be
subdivided prior to the approval of the subdivision.'"

I am not an attorney, but just so I can get a reaction out of Ed here I will
offer that the statute seems to apply to fee-in-lieu-of payments, not open
space set-asides.


-----Original Message-----
From: Stephen R. Bellis [mailto:S...@pellegrinolawfirm.com]
Sent: Wednesday, November 19, 2008 12:23 PM
To: conser...@cityofshelton.org
Subject: open space regulations


Theresa, please see my letter to p&z. Thanks

STEPHEN R. BELLIS
THE PELLEGRINO LAW FIRM
A PROFESSIONAL CORPORATION
475 Whitney Avenue New Haven, CT 06511
Tel (203) 787-2225 Fax (203) 777-2096
E-Mail (attorney's initials)@pellegrinolawfirm.com
WEB SITE: www.pellegrinolawfirm.com

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