From The New York Times Connecticut Section
September 9, 2007
Got Land? Now, a Way to Donate 
By WOODY HOCHSWENDER
AT town meetings and forums of all kinds, one hears officials and politicians  utter two popular refrains: We need to preserve more open space. And almost in  the same breath: We need more affordable housing.
When a citizen stands up to ask if these two propositions are not mutually  exclusive, the standard reply is: "The two goals do not have to be  incompatible."
But they are. When a community preserves large amounts of acreage from  housing development, the remaining land becomes more dear. Families of modest  means find it increasingly difficult to acquire land and build on it.
This fundamental equation (more open space = more expensive land) gathers  even more force in weekend and vacation home communities. Weekenders tend to  favor pastoral open space, since that is perhaps why they have chosen their  properties in the first place. Similarly, they have a financial self-interest in  not approving the building of low-cost homes, which tend to coincide with more children  and higher school taxes.
The situation soon becomes one of the haves and the have-nots, with the haves  beating back the efforts of local developers, even those who propose "cluster"  housing. In areas where weekenders are prevalent, like the Connecticut shore and Litchfield County, local families are often priced out of the market.  The cost of housing is considered a prime reason that Connecticut's young work  force (18- to 34-year-olds) is leaving faster than in any other state, according  to HOMEConnecticut, a housing policy group.
Then somebody had an idea. It's called the "free second cut" law, passed by  the state Legislature in 2006 and now being circulated among the 169 towns of  Connecticut. This little-known bill, officially called an Act Concerning  Subdivisions for Affordable Housing Developments, is simple and ingenious. It  allows for the initial subdivision of land by an owner - the so-called first cut  - to be exempt from the usual planning and zoning approval process and  subdivision rules, provided that at least one lot is donated or sold for use as  affordable housing.
The landowner can subsequently divide the property, subject to local zoning  regulations, a second time, without penalty or red tape. A landowner could sell  or donate a piece of property to the town or a nonprofit organization but still  retain the option of splitting off a second piece (the free second cut) later,  for example, to construct a home for a family member.
The bill was sponsored by Assemblywoman Marilyn Giuliano, from Old Saybrook,  and Senator Andrew Roraback, of northern Litchfield County.
Now, towns around the state are voting whether to convert the enabling  legislation into law. In Litchfield County, Sharon and Kent have passed it; in  the southeast, Lyme and Old Lyme have.
Senator Roraback believes it is a win-win idea." It allows towns to tip their  hat in the direction of affordable housing, without wreaking havoc on the  landscape," he said, referring to the way the concept promotes affordable  housing in scattered locations, instead of concentrating it in clusters, which  tend to become stigmatized as low-cost areas.
"It's definitely a positive development," said John Pogue, the president of  Habitat  for Humanity of Northwest Connecticut, which is actively acquiring land and  building affordable homes in northern Litchfield County. "Every landowner with  enough acreage has the option of chipping a piece off that could be useful to  us. This facilitates the process."
The legislation and its adoption, town by town, could have a wide impact  throughout the state. So far, no one has come up with any reason to think the  impact will be negative. "To date, I have not heard that there are issues of  unintended consequences of this legislation," Representative Giuliano said in an  e-mail message.
Presumably, at town meetings all across the state, this new land-use option  will be chosen with deliberateness and the usual native skepticism. It is looked  upon by its sponsors as a way to help young people live and work in the towns  where they were raised.
It may just be a case of Yankee ingenuity at work.
Copyright  2007The New York Times Company
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