Greenwich Homeowners in Conservation Zones
|
|
|
THIS IS A PROPOSAL FILED WITH P&Z AS A ZONING AMENDMENT THAT IS CLOSER TO MAKING FAR BE FAIR TO CONSERVATION AND NONCONFORMING LOTS Alan Small 86 Buckfield Lane Greenwich, Connecticut 06831 October 29, 2002 Planning and Zoning Commission Town of Greenwich Town Hall 101 Field Point Road Greenwich, Connecticut 06831 Dear Commission Members: Please accept this submission of a comprehensive proposal that attempts to address the problems and inequities of Floor Area Ratio (FAR) that have been voiced by so many members of the public since 1998. 1 respectfully request that this proposal be considered concurrently with the consideration of the re-adoption of the 1998 regulations, filed in September 2002, and that you postpone consideration of those regulations until such time as you may consider this proposal as well. The Commission's letter of withdrawal of consideration of the 1998 regulations in May, issued through the Town Planner, stated, "This withdrawal has been prompted by the desire to re-evaluate and re-consider the proposals for FAR for all residential zones, to revaluate [sic] Conservation Zones and undersized lots, and propose new amendments sometime in the future." The September 17th, 2002 FAR proposal presently before the P&Z has made minor modifications for nonconforming and conservation lots that do not make sense in comparison to comparable size lots and do not provide fair “relief” to these properties. The attached proposal is an effort to provide fairness within the envelope of an overlying FAR regulation. It does not seem that FAR is the best solution to the “streetscape” problem and request that a new analysis of the issue be undertaken with the help of an outside consultant to moderate the process combined with local experts (such as architects, engineers, etc). This should begin with a definition of the problem, analysis of possible solutions, recommendation of a solution, and provision for continued follow up to measure the success of the solution to allow for modification, if needed. Short of this it seems that any solution that is not addressing an accurately defined problem is at best an experiment. The application of the 1998 FAR to undersized lots and lots in conservation zones results in an unfair penalty to the owners of such homes- even under the new proposal. The inclusion of attics and basements in FAR acts to further reduce allowable FAR for most homeowners rather than provide relief from FAR numbers, as was the stated intention of the Commission when it passed the definitions regarding attics and basements, due to the onerous process of calculating depth below grade plane. Furthermore, these inequities frustrate and impede the legitimate growth needs of homeowners, impact property values, and yet fail to address your stated concern of the appearance of homes from the street. Thus, my proposal has two components: 1. Undersized Lots and Lots in Conservation Zones. As stated more fully on the attached .Exhibit "A"; "Section 6-204, Exceptions to the Floor Area Ratio Requirements of Section 6-205," I propose a simple and effective formula of FAR for undersized lots and lots in conservation zones that addresses the inequities in a comprehensive manner. The proposed formula limits house size directly in proportion to lot size, a methodology that is consistent with the stated desire of the Planning and Zoning Commission. This formula is also clearly compliant with uniformity requirements because the same size property in any zone is allowed the same buildable floor area (a legal opinion can be provided upon request of the Commission). I request that the Commission adopt the proposed formula to solve the inequities that were created in 1998. 2. Attics and Basement. As stated more fully on attached Exhibit "B". "Proposed Revision to Section G-5, Definitions. Subsection 22.1," I propose the exclusion of attics and basements from the calculation of FAR. As you are aware, at the May 7, 2002 public hearing on the re-adoption of FAR, many homeowners raised questions and serious concerns about the new definitions of attic and basements and their inclusion in the calculation of FAR. The Commission's definitions have created unnecessary confusion, angst and expense for homeowners. The Commission has tried to represent that relief was provided by the adoption of the new definitions of attics and basements when the practical application is that most basements are included at least 50 percent due to grading sloping away from the foundation and the definition beginning at the top of the floor joists (diagrams will be provided at hearing). It also appears that the degree of nonconformity being created by the April 2002 Attic and Basement definitions was not analyzed, nor any determination made of how many homes fit into each segment of exempt, 50% included, and 100% included for basement FAR. The determination of whether and what portion of a basement is included in FAR requires the expertise of a licensed engineer. Because this information is not currently available to the P&Z in the Proval database of the Assessor the amount of attic and basement included in FAR calculations is fatally flawed and cannot be considered to accurately portray the degree of nonconformity being created in any way. At the 1998 public hearings on FAR the Commission recognized the fact that finished attics and basements do little to add to the perception of bulk. At that time it was stated on the record that attics and basements would be looked at for removal from the calculation. I submit that the Commission ought to remove the onerous burden these regulations have placed on homeowners and provide true relief to homeowners and not supposed relief disguised in a difficult scheme. A similar proposal was submitted in June 2002 and withdrawn due to the P&Z withdrawing its own proposal on FAR upon which my proposal was based. I requested, in writing, that the $500 fee be refunded and that was agreed to by the P&Z Staff, but I have yet to receive the payment. Please apply that fee toward the current proposal. 1 hereby submit this proposal and reassert my belief that the re-adoption of the 1998 FAR, even with the minor modifications currently proposed, will severely penalize homeowners of undersized lots and of lots in conservation zones and antagonize taxpayers over the use of their own homes as well as indicate an unwillingness of the Commission to solve problems that have been raised time and time again by homeowners. I believe that a compromise solution can be reached that will amicably resolve the issues that have divided this Town over Floor Area Ratio. Please consider the adoption of this proposal at the same time as any amendment to the current floor area ratio statutes. If further consideration is given to reevaluating “streetscape” regulations using a consultant and a new process these regulations could be considered temporary for a six month period to allow time for a new analysis to begin. I would be happy to answer any questions that arise. Thank you for your consideration. Sincerely, Alan Small
EXHIBIT “A” SECTION 6-204. EXCEPTIONS TO THE FLOOR AREA RATIO (F.A.R.) REQUIREMENTS OF SECTION 6-205(x) The following charts shall apply to lots containing area less than 4 acres in the RA-4 and RA-C4 zones, less than 2 acres in the RA-2 and RA-C2 zones, less the 1 acre in the RA-1 and RA-C1 zones, less than 20,000 square feet in the R-20 and R-C20 zones, less than 12,000 square feet in the R-12 and R-C12 zones and less than 7,500 square feet in the R-7 and R-6 zones. (a) RA-4, RA-C4, RA-2 AND RA-C2 ZONES: MAXIMUM LOT AREA (ac.) FLOOR AREA (S.F.) From to less than 3.8 4.0 10,827 3.6 3.8 10,702 3.4 3.6 10,529 3.2 3.4 10,308 3.0 3.2 10,039 2.8 3.0 9,722 2.6 2.8 9,357 2.4 2.6 8,945 2.2 2.4 8,484 2.0 2.2 7,975 1.9 2.0 7,836 1.8 1.9 7,797 1.7 1.8 7,718 1.6 1.7 7,600 1.5 1.6 7,444 1.4 1.5 7.248 1.3 1.4 7,013 1.2 1.3 6,738 1.1 1.2 6,425 1.0 1.1 6,071 Less than 1.0 acre the Maximum Floor Area shall equal the product of the Lot Area times an F.A.R. of .135 (b) RA-1 and RA-C1 ZONES: MAXIMUM LOT AREA (S.F.) FLOOR AREA From to less than 42,000 43,560 5,742 40,500 42,000 5,604 39,000 40,500 5,466 37,500 39,000 5,328 36,000 37,500 5,190 34,500 36,000 5,052 33,000 34,500 4,914 31,500 33,000 4,776 30,000 31,500 4,638 Less than 30,000 square feet the Maximum Floor Area shall equal the product of the Lot Area times an F.A.R. of .15 (c) R-20 and R-C20 ZONES: MAXIMUM LOT AREA (ac.) FLOOR AREA (S.F.) From to less than 19,250 20,000 4,375 18,500 19,250 4,250 17,750 18,500 4,125 17,000 17,750 4,000 16,250 17,000 3,875 15,500 16,250 3,750 14,750 15,500 3.625 14,000 14,750 3,500 13,250 14,000 3,375 12,500 13,250 3,250 Less than 12,500 square feet the Maximum Floor Area shall equal the product of the Lot Area times a F.A.R. of .25 (d) R-12 and R-C12 ZONES: MAXIMUM LOT AREA (ac.) FLOOR AREA (S.F.) From to less than 11,500 12,000 3,731 11,000 11,500 3,628 10,500 11,000 3,521 10,000 10,500 3,408 9,500 10,000 3,291 9,000 9,500 3,168 8,500 9,000 3,041 8,000 8,500 2,908 Less than 8,000 square feet the Maximum Floor Area shall equal the product of the Lot Area times an FAR of .35 (e) R-7 ZONE MAXIMUM LOT AREA (ac.) FLOOR AREA (S.F.) From to less than 7,250 7,500 2,700 7,000 7,250 2,608 6,750 7,000 2,544 6,500 6,750 2,478 6,250 6,500 2,410 6,000 6,250 2,340 5,750 6,000 2,268 5,500 5,750 2,194 5,250 5,500 2,111 5,000 5,250 2,040 and below. (f) RA-6 ZONE: MAXIMUM LOT AREA (ac.) FLOOR AREA (S.F.) From to less than 7,250 7,500 4,075 7,000 7,250 3,972 6,750 7,000 3,867 6,500 6,750 3,760 6,250 6,500 3,650 6,000 6,250 3,537 5,750 6,000 3,422 5,500 5,750 3,305 5,250 5,500 3,171 5,000 5,250 3,062 Less than 5,000 square feet the Maximum Floor Area shall equal the product of the Lot Area times an FAR of .6 Nothwithstanding the foregoing and provided all setback, height and other restrictions shall be met, restrictions on Maximum Floor Area for detached housing in lots in any zone shall not prohibit a house size equal to 2,040 square feet.
EXHIBIT “B” PROPOSED REVISION TO THE TOWN OF GREENWICH BUILDING ZONE REGULATIONS
SECTION 6-5, DEFINITIONS, SUBSECTION 22.1, FLOOR AREA GROSS, AS FOLLOWS: SECTION 6-5 DEFINITIONS** (22.1)(A) With respect to the inclusion of Attic space within Gross Floor Area the following shall apply:
(B) With respect to the inclusion of Basement within Gross Floor Area, the following shall apply:
** |