At its Regular Meeting of August 19, 2024, the Hampton Planning & Zoning Commission (PZC) approved, with modifications, a seven-lot subdivision of land on the south side of Reilly Road and west side of John Mack Road. This was a division of an approximately 18.2 acre property situated in proximity to the Little River, and represented the largest subdivision that the PZC has approved in over ten years. The relatively long stretch of “quiet” on the residential development front had apparently led to a little confusion and a few questions about the manner in which the property was divided.

This subdivision was designed and approved through what the PZC calls a “Conservation Subdivision,” which is a model specifically envisioned and empowered by Section 8-18 of the Connecticut General Statutes. These regulations were extensively discussed and put into place by the Hampton PZC back in 2008, but have been relatively lightly used since then (largely because of the overall housing development market). This approach begins with the recognition by the developer and by the Town that a specific piece of land has some special conservation value that deserves protection. In this case, the property is along the riparian corridor associated with the Little River, and may include species of special concern such as Wood Turtles and Eastern Hognose Snakes, which warrant some buffer distance between their habitat and residential development. In these cases, the PZC has created a set of regulations that balances the rights of property owners to develop their land according to Town and State rules and the responsibilities of the Town to protect key resources.

The Conservation Subdivision process seeks to strike that balance. The process requires the applicant to ask special consideration from the Commission and to demonstrate that a conservation approach is preferred. This includes a demonstration of a “lot yield” from a traditional subdivision approach. In this case, the land is about 18 acres, and Hampton requires a roughly two-acre lot minimum, along with a minimum of 15% of the area set aside for open space. After doing this preliminary layout, the applicant determined that a “standard” subdivision layout would yield seven new building lots. This then becomes the maximum lot yield allowable under a conservation layout. There is no lot bonus or variance given. The Commission then determines whether on a given piece of land, a conservation approach is more beneficial and appropriate for the Town. In this case, the PZC decided to instruct the applicant to proceed with a conservation approach.

Given that baseline of seven lots, the Conservation Subdivision rules (within both Zoning and Subdivision Regulations) will then allow for individual lots to be as small as 30,000 square feet (about ¾ acre), and clusters those lots together on a smaller portion of the overall property. The acreage that is “saved” by making individual lots smaller is then converted to a larger portion of the property protected as conservation land or open space. The Conservation Subdivision minimum is 40% of the total property protected as conservation land, with an assurance that the percentage of wetlands in the open space does not exceed the percentage of wetlands on the overall property. In this case, that means that over 50% of the overall land to be subdivided (9.6 acres), closest to the Little River, will be permanently protected by a conservation easement. The property owner retains his or her right to see the property yield a sufficient number of residential lots, and the Town sees a larger portion of land protected.

There are (and were) many other factors contributing to a subdivision approval. The applicant must demonstrate that the soils on each of the individual building lots are suitable for handling a private well and septic system. They must demonstrate that the development and construction will not create stormwater problems, traffic problems, or other public safety concerns. All of those standards remain within the Subdivision application and review process, regardless of whether a traditional layout or a conservation layout is used. Ultimately, the PZC determined that the applicant’s layout (and engineering reports, stormwater plans, and the input of CT-DEEP, Hampton Wetlands Commission, and Hampton Conservation Commission), met all of the Town’s regulations. The application was approved.

The Planning & Zoning Commission welcomes input and questions about its regulations and its approach to managing private development in Hampton. Conversations will be ongoing over the next two years about updating the Town’s Plan of Conservation & Development, which will guide the Town’s rules and policies over the next decade. Its approach to residential development, including conservation subdivisions, will be a part of that process.

If you would like to speak to the Commission or its staff on these important matters, please contact us at planner@hamptonct.org.

John Guszkowski, AICP, CZEO
Hampton Town Planner