Overdevelopment can be limited by the town

by Sarah Littman

published February 8, 2005

Good news from Planning and Zoning! After sitting through enough meetings in frustration, approving lot splits that would clearly lead to unfavorable developments because current town law doesn't allow denial, the members of the Planning and Zoning Commission voted to propose a change that would include two-lot subdivisions, thereby eliminating the ability to divide the lot in two without approval, an action the commission calls a "free cut."

Until 1970, town regulations defined a subdivision as the division of a lot into two or more parcels. However, in 1970 the town revised the subdivision regulations and adopted state's definition, that a subdivision comprised three or more parcels, meaning that a lot qualifying for a free cut is able to avoid compliance with the town's subdivision regulations.

As the price of land in Greenwich has skyrocketed, so has the number of applications. The P&Z heard 95 of them between Jan. 1, 1999, and June 30, 2004. In every case it found that it had no jurisdiction and the applicant was therefore entitled to the free cut.

Under current regulations, a proposed subdivision (three or more dwellings) requires a detailed plan and layout that meets engineering and design standards. Sewage disposal must be approved by the town Department of Health, adjoining neighbors must be notified and the development is reviewed by P&Z in a public meeting.

These requirements are not intended to stifle development, but rather to ensure that it happens in a safe and orderly fashion in accordance with the Town Plan of Development.

However, two-lot divisions that qualify as free cuts are, at present, totally exempt from these requirements. The unintended consequence has been increased concentration of development, especially in the R-6 zones, with significant impact on neighbors, the environment, health and safety, and the general quality of life in town.

For example of how problematic these developments can be, go to the corner of Weaver Street and Almira Drive. Two adjoining lots were split in a R-6 Zone, where two-family structures are allowed on each lot. As a result, the property owners were able to create eight units on a total of 20,446 square feet of land. Had this been subject to zoning regulations for a multi-family site, 33,600 square feet would have been required for the same development. Such intense of development puts strain on the town's infrastructure.

Unregulated development can alter the character of a neighborhood. In Pemberwick, where the Almira Drive development is located, the average building covers 23 percent of the lot. In the free-cut lots, building coverage is 27 percent and 26 percent.

Furthermore, drainage is impacted by impervious surfaces such as driveways. Under town regulations, the maximum total lot coverage for multi-family dwellings is 50 percent. However, the two Almira Drive lots now have 70 percent impervious lot-surface coverage.

The free cut is not just a "downtown" issue. An application for a five-lot subdivision at 551 and 555 Riversville Road received preliminary approval from the P&Z despite the fact it had been denied by the Inland Wetlands and Watercourses Agency. Why? Because the applicant's representative implied that if the application were not approved, the applicant would simply do a free cut, thus eliminating the need to set aside 15 percent of the land for open space, and for drainage-report reviews and site-plan review. The commission felt it was better to give preliminary approval in order to retain some control over this environmentally sensitive development, which lies uphill from and drains into the 135-acre Audubon Fairchild Wildflower Garden. However, despite having received this approval, the applicant went ahead with the free cut. Not only did the town lose 5.7 acres of open space, it no longer has any control over the development on this property.

Opponents of the proposed amendment fear the P&Z will use the 15 percent set-aside provision in the subdivision regulations to unreasonably stop development. Given that lots created by free cuts are often undersized, developers are concerned that being compelled to give 15 percent to set aside would leave the lot of an insufficient size for development.

In the past, the commission has not been unreasonable in its review of two-lot subdivisions. The commission has considerable discretion as to how much is set aside.

I encourage town residents to come before the Board of Selectmen's meeting on Thursday, Feb. 17, at 10:30 a.m. to speak in favor of this amendment to the Greenwich subdivision regulations and Town Charter that would also need to be passed by the Representative Town Meeting. It's time to close this planning loophole, in order to preserve the quality of life in our town.