To the Editor:

This letter is to describe the various options available to the Town of Killingworth for open space acquisition and to show that purchase of lands by the town is an effective way of controlling development and stabilizing the tax rate. First, the Subdivision Regulations require that when a parcel of land over 20 acres in size is developed, that at least 15% of the land be placed in open space. Second, the Zoning and Subdivision Regulations allow for Conservation Subdivisions where, in exchange for a smaller lot size (but not increase in number of lots), at least 30% of the subdivision area be placed in open space. Third, lands in excess of 25 acres can be placed in open space under Public Act 490. These lands are taxed at a much lower rate with the goal of discouraging sale of the land for development. This act also allows the Planning and Zoning Commission to develop local policies defining open space. Accordingly, in 1997 the Commission amended the Town Plan of Conservation and Development to designate all lands within a parcel in excess of five acres as eligible to qualify for Act 490 designation provided such excess land is at least two acres in size. An application must be filed with the Assessor for this designation. Other undeveloped lands are owned by the State of Connecticut (Chatfield Hollow State Park, Cockaponset State Forest), water companies (South Central Regional Water Authority, Connecticut Water Company), and by the Killingworth Land Conservation Trust and other organizations. Although not an open space provision, the soil-based zoning adopted by the Planning and Zoning Commission in 1989 in which lot size is determined by the ability of soils to support septic systems has resulted in much lower subdivision densities with lots sizes averaging around five acres.

Thus, there are several mechanisms in place by which the Planning and Zoning Commission and individual town residents can place land in open space. These mechanisms have had many positive effects. Open space from subdivisions have permanently protected a large white cedar swamp, extensive frontage along the Hammonasset River, the site of the first Meetinghouse and Society House, a portion of the Cranberry Bog, and the Buell homestead site and architectural cairns at Deer Lake. Open Space designation under Act 490 has allowed property owners to hold onto large parcels of land and not sell for development because of high taxes. The soil based zoning has protected ground water supplies upon which most of the town is dependent.

Although it would seem Killingworth has in place ample mechanisms for preserving open space, this is not the case. While valuable sites have been protected under Subdivision open space dedication, in most cases developers designate wetlands or other unbuildable land as open space. Act 490 does not permanently protect open space. An owner can still sell the land, subject to a penalty that decreases each year and disappears after ten years. There is no guarantee that some State lands and especially water company lands will not be sold or developed for other purposes. While soil based zoning has decreased density, it may have made Killingworth a more desirable place to live attracting more development.

In order to effectively control development, an additional option, namely the purchase of large tracts of land suitable for development is necessary. Controlling development is necessary to keep the tax rate from spiraling upwards. Jim Gibbons, Land Use Specialist, University of Connecticut Cooperative Extension System, pointed out in a presentation to town officials recently, that over 85 studies verify that open space protection costs communities less than residential development. A particularly graphic example is a study performed on a 55 lot subdivision built 40 years ago in the Town of Woodbridge. Based on taxes of $6,600 and cost of education per child of $9,000 and per home of $18,000, there was a loss of $11,400 per home per year. Over the 40 years, there was a total loss to the town of 25 million dollars. A major reason for this staggering loss is that average ownership of a home was 15 years. Thus, parents did not remain in the house after the children finished school and continue to pay taxes with no educational expense to the town. Instead, they often sold due to reasons such as job change, and, in many cases, another family with children moved in.

Thus, it is essential that the Town of Killingworth purchase large tracts of land to control development and restrain tax increases. Other reasons for acquiring open space include preservation of woodlands, streams, natural areas, historic and archeological sites, and providing lands for active and passive recreation. The town should consider creating an Open Space Trust Fund as recommended in the 1997 Plan of Conservation and Development. By placing a relatively small amount of money in this fund each year, funds would be available immediately when a desirable parcel became available and reduce future bonding costs. It is also important that at least a portion of town-owned property be placed in permanent open space through conservation easements. Some land can be used for recreational uses, schools, or municipal improvements, but some land should be permanently protected. In conclusion, there is overwhelming evidence that open space acquisition provides great benefits to the town and its residents. Killingworth has been fortunate to accommodate growth while retaining much of the historic and rural nature of the town, but it is reaching its limits. The town has the opportunity to purchase the Wettish property on Parker Hill Road Extension and this should be supported. Even if this land is purchased, the town should continue in its efforts to acquire open space and act as other large parcels become available in the future.

Thomas L. Lentz
Chairman, Planning and Zoning Commission