Steve Buck
stevebuck@mediaone.net
Wed, 19 Dec 2001 22:29:00, 0500
Hello again all,
More help please.
Our Commercial Zoning regs allow a maximum building footprint of 40% lot coverage, and require a minimum of 60% ‘open space’.
A car dealer has just approached the Town with a lot that is approx 2 acres, 19% is covered by the dealership / service structure, and the remainder of the lot would be almost all asphalt. They said they could ‘engineer’ the drainage and treatment issues with underground retention structures, etc.
The applicant (and surprisingly 1 ZBA member) argues that if it is not structure, then it must be open space, and that our regulation does not contain a specific definition of ‘open space’.
I countered that if I owned a 5-acre wood lot, cut down all the trees and then paved it, I would not be creating 5 acres of open space.
Two questions: 1) Does any town have a reasonable definition, and 2) Even without a specific Town definition, couldn’t we defer to a more general State RSA or definition? 70% plus asphalt coverage plus 19% building coverage would seem to fly in the face of any reasonable interpretation.
Thanks again.
Steve Buck
Greenland Planning Board
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Bob Landman
rlandman@hlinstruments.com
Wed, 19 Dec 2001 23:10:40, 0500
Steve,
They have GOT to be kidding. Open Space is not, repeat NOT blacktop. Open space is that space that is not developed, i.e. untouched permeable land. Sure you can log it out and it’s still open space because it is earth and weeds and it will reforest eventually.
From our Zoning regs:
409.7 Additional Permitted Uses in Inland Wetlands and Isolated Non-bordering Wetlands: The following additional uses shall be permitted in inland wetlands and isolated non-bordering wetlands:
A. Forestry and tree farming which does not involve clear cutting;
B. Water impoundments and construction of wells for on site water supply;
C. Drainage ways, streams, creeks, or other paths of normal runoff water;
D. Open space permitted by the subdivision regulations and other sections of the ordinance;
E. Fill involving less than 3000 square feet of surface area.
Now I ask you - would we put OPEN SPACE in a wetlands section of the ordinance if it could be PAVED over? Some people …
(We left it out of our definitions too - probably the same RPC circuit rider wrote yours as wrote ours as we are neighbors. It’s an oversight. Somebody has got to have a written definition of this somewhere.
From our Site plan regs:
Section II - Purpose
The purpose of these Regulations is to:
(a) Provide for the safe and attractive development of the site and guard against such conditions as would involve danger or injury to health, safety, or prosperity by reason of: (1) inadequate drainage or conditions conducive to flooding of the property or that of another; (2) inadequate protection for the quality of groundwater; (3) undesirable and preventable elements of pollution such as noise, smoke, soot, particulates, or any other discharge into the environment which might prove harmful to persons, structures, or adjacent properties; and (4) inadequate provision for fire safety, prevention, and control;
(b) Provide for the harmonious and aesthetically pleasing development of the Town and its environs;
(c) Provide for open spaces and green spaces of adequate proportions;
23. The type, extent, and location of existing and proposed landscaping and open space areas indicating what existing landscaping and open space areas will be retained.
Again, note the CONTEXT in which the phrase is placed.
>From Miche:
36-A:2. Conservation Commission.
Statute text
A city or town which accepts the provisions of this chapter may establish a conservation commission, hereinafter called the commission, for the proper utilization and protection of the natural resources and for the protection of watershed resources of said city or town. Such commission shall conduct researches into its local land and water areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its work. It shall keep an index of all open space and natural, aesthetic or ecological areas within the city or town, as the case may be, with the plan of obtaining information pertinent to proper utilization of such areas, including lands owned by the state or lands owned by a town or city. It shall keep an index of all marshlands, swamps and all other wet lands in a like manner, and may recommend to the city council or selectmen or to the department of resources and economic development a program for the protection, development or better utilization of all such areas. It shall keep accurate records of its meetings and actions and shall file an annual report which shall be printed in the annual town or municipal report. The commission may appoint such clerks and other employees or subcommittees as it may from time to time require.
36-A:4. Powers.
Statute text
Said commission may receive gifts of money and property, both real and personal, in the name of the city or town, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire in the name of the town or city, subject to the approval of the local governing body, by gift, purchase, grant, bequest, devise, lease, or otherwise, the fee in such land or water rights, or any lesser interest, development right, easement, covenant, or other contractual right including conveyances with conditions, limitations or reversions, as may be necessary to acquire, maintain, improve, protect, or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes.
672:1. Declaration of Purpose.
Statute text
The general court hereby finds and declares that: III-c. Forestry, when practiced in accordance with accepted silvicultural principles, constitutes a beneficial and desirable use of New Hampshire's forest resource. Forestry contributes greatly to the economy of the state through a vital forest products industry; and to the health of the state's forest and wildlife resources through sustained forest productivity, and through improvement of wildlife habitats. New Hampshire’s forests are an essential component of the landscape and add immeasurably to the quality of life for the state’s citizens. Because New Hampshire is a heavily forested state, forestry activities, including the harvest and transport of forest products, are often carried out in close proximity to populated areas. Further, the harvesting of timber often represents the only income that can be derived from property without resorting to development of the property for more intensive uses, and, pursuant to RSA 79-A:1, the state of New Hampshire has declared that it is in the public interest to encourage preservation of open space by conserving forest and other natural resources. Therefore, forestry activities, including the harvest and transport of forest products, shall not be unreasonably limited by use of municipal planning and zoning powers or by the unreasonable interpretation of such powers;
Steve: You think asphalt preserves open space? No way. Call your Conservation Commission Chairman. They have to weigh in here.
Let us know what happens and hopefully someone can find an explicit definition somewhere - I could not. It’s so intuitively obvious we overlooked it!
Groan …
Bob Landman
Town of North Hampton
Seacoast MPO/RPC Commissioner
http://www.north-hampton-nh.com/
http://www.rpc-nh.org/
http://www.seacoastmpo.org/
PO Box 580
North Hampton, NH 03862-0580
(tel) 603-964-1899 (fax) 603-964-8881
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Bob Landman
rlandman@hlinstruments.com
Wed, 19 Dec 2001 23:34:56, 0500
Phil Auger of UNH Extension is a guy you ought to contact. He wrote a study called "Open Space Pays" and I can imagine he is going to fall out of his chair when he hears this one!
I think I found what you need (he is referenced in this document) at the RPC Web site:
>From the RPC Regional OPEN SPACE plan
http://www.rpc-nh.org/PDFs/OSPlanDoc.PDF
"The objectives of the Regional Open Space Plan are three fold: first, to identify large unfragmented areas of undeveloped land ("Open Space") that are important as natural, scenic or cultural resources and a priority for protection; second, to identify linkages between Open Space areas that are possible for protection or can be restored to maintain an interconnected network of wildlife corridors; and third, to act as both a regional planning tool and a reference document useful to local planning and conservation officials that can assist them in creating local land conservation strategies and plans. In addition, it is hoped that in providing the perspective of a Regional Open Space Plan, communities will be able to coordinate local conservation efforts and take maximum advantage of adjoining conservation properties or potential linkages.
First, a clear definition of "Open Space" is in order.
For the purposes of this plan, Open Space means undeveloped land areas that have important ecological functions, natural resources, or cultural resources that are worthy of conservation and protection. Such areas may contain, but are not limited to, forests, farmland, old fields, floodplains, wetlands, and shorelands. Open Space can also encompass scenic vistas, recreational areas, and historic sites; however, this plan has not attempted to identify such areas that do not also contain significant areas of Open Space."
Now this is a def for REGIONAL open space so it is more expansive but I think from all I previously sent you and this it should be quite clear that open space is not black topped, it is LAND, undeveloped LAND. Period.
I rest my case! Tell them to take a hike (in open space of course).
I would fix the ordinance before Town Meeting to clear this up once and for all, by the way.
Bob Landman
Town of North Hampton
Seacoast MPO/RPC Commissioner
http://www.north-hampton-nh.com/
http://www.rpc-nh.org/
http://www.seacoastmpo.org/
PO Box 580
North Hampton, NH 03862-0580
(tel) 603-964-1899 (fax) 603-964-8881
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Daniel Paradis
danparadis@nh.adelphia.net
Thu, 20 Dec 2001 10:34:48, 0500
Steve:
In "Open Space for New Hampshire" published by the NH Wildlife Federation, open space is defined as follows: "As used in this manual, open space means land that is not built upon or substantially altered by human activity. It includes both open fields and forests, as well as undeveloped shorelands and water bodies." I don’t see much room for blacktop there.
Dan Paradis
Bristol Planning Board
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