Agenda - Planning Commission - 09/03/1996

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Many towns now allow clustering, and several also let the planning board mand~ate clustering. In practice, however, clustering has only rarely been successful in producing a pattern of development that fits well into the rural landscape. Too often, the result is jusi a series ofscrunched-up cookie-cutter (or golf course) subdivisions with buffers around them--a modified form of sprawl. Clustering provisions must incorporate meaningful open space preservation and site design standards if they are to fulfill their promise. Conservation Density Subdivision. Clustering can help prevent large developr0ents from destroying open space resources. Incentives that encourage truly rural densities, such as conservation density subdivisions, can be even more effective. Under Washingron's p~rovisions, landowners who agree ro restrict their land to one-fifth of the allowable density are allowed to use private, narrow gravel roads instead of the wide, paved roads the town normally requires. This provides an incentive for very low-density subdivision, since the cost of building town roads often forces a landowner to maximize lot count. The average lot size in many of these subdivisions is 50 acres, the same density Go which many landowners have reduced their land using conservation easements. It was also the size of the typical area farm 100 years ago. Unacceptable Flexible Lot Plan: Although 80percent of the land is preserved t~y a conservation easement, these condominiums do not~rotect the most important open space of conservation value. Any landowner who voluntarily agrees to limit density to the one-fifth level is also relieve, d of having to comply with other lot dimension requirements, such as minimum road frontage. Since the minimum town road frontage for a conventional subdivision is 400 feet in the 1 O-acre zone, allowing gravel roads with smaller frontage provides a strong incentive to avoid conventional subdivisions and their associated road costs. The Joel Russell, planner and attorney, is principal of Woodlea Associates, a. planning and zaning consulting firm in Salt Point, New York, that specializes in,drafting land-use regulations that protect communi9, character and allow compatible growth. first two large subdivisions proposed under the new zoning, covering tracts of approximately 500 acres each, were conservation density subdivisions of seven and 11 lots. The regulations also encourage the use of rear (tiao lots on a limited basis, provided they are spaced far enough apart and are at least 150 percent of the minimum lot size in the zone. This encourages preservation of large tracts, keeps new houses away from existing roads, and discourages the construction of large- scale subdivision roads. Several other rural New York and New England towns have adopted similar private road and flag lot provisions. These techniques discourage the conventional suburban subdivisions that would otherwise be developed. Unfortunately, many communities resist private roads because they have had bad experiences with developers who walked away from partially completed roads that were intended for dedication. These municipalities fear that a conservation density subdivision, even with a properly constituted homeowners association, would create the same problems. Agricultural Preservation Overlay Zones. Washington's agricultural preservation overlay zone, in addition to requiring clustering and encouraging conservation density subdivision to protect farmland, allows farmers greater flexibility in operating their businesses than they would have under more conventional zoning. For example, farm owners may to build employee housing and run farm-related businesses, such as food process- ing, equipment sales and service, and manure composting. This is not permitted in many towns, forcing farmers to sell to developers because they cannot house workers or run related retail businesses that enable them to make ends meet. This zone is only a small step toward deregulating private small business in the countryside. Many farm families need to be able to run unrelated businesses on their properties as well. Family members may want to have an antique shop or car repair operation on their properties to supplement unpredictable farm income. If such businesses harm no one and are small in scale, why not permit them under careful guidelines? Allowing more freedom for small business enterprises enables rural landowners to have their constitutionally protected economically viable use without having to sell out for development. While Washington was not willing to expand the range of allowable uses in this way, Hillsdale, Reading, and many other towns have done so. Hillsdale Hillsdale, in the B~rkshire foothills of Columbia County, has taken the next step toward use deregulation in rural areas, allowing far greater flexibility of uses than conventional zoning permits. It is less densely populated than Washington, with only a small hamlet as its town center. Its population is more diverse, including many who grew up locally as well as retirees, commuters, and weekenders from New York City. Hillsdale still has several dairy farms, as well as some horse and other livestock operations, crop farms, and a few estate properties. Under a new zoning law adopted in 1995, Hillsdale's planning board also has the authority to mandate clustering (called flexible lot subdivision), but at a density of three acres per unit with 80 percent of the land protected as open space. Relatively low development pressure makes it unlikely that the town will actually build out at that density for the foreseeable future. The law includes illustrated rural development guidelines. Hillsdale is more typical than Washington of rural towns in the Northeast. It is composed primarily of people of modest /81