Monday, October 12, 2009
On The Front Lines Of Being Green
Debate Follows Bills to Remove Clotheslines Bans
A Line in the Yard: The Battle Over the Right to Dry Outside
Recently, local energy companies have challenged us to reduce our energy use by 3%. Given both these aticles suggest that dryers consume 6% of household energy use, line drying would make this an easy to accomplish goal.
For years homeowners associations have been trying to enforce uniformity, establishing prohibitions on clotheslines, placing requirements on lawn cutting, etc. They see it as "protecting property rights." But whose rights are they protecting? In establishing these "protections" they are trampling all over the rights of individual property owners.
Clotheslines are just one restriction. Many also restrict solar panels and other energy savings devices that may change the look of the outside of the home. It is clearly time for homeowners associations to realize that the "rights" they are protecting are actually infringements on the rights of many.
Wednesday, September 30, 2009
Right Sizing
Thursday, September 17, 2009
WOW! Harsh
Wednesday, September 16, 2009
And We Thought The ANR Process Was Bad...
Developers chummy with family land law
Wednesday, September 2, 2009
Interesting Smart Growth Discussions
New study shows promise and pitfalls of 'smart growth' planning
Smart Growth Policies
The Lincoln Institute Survey, and the New Jersey Conservation Foundation opinion piece point out that smart growth should not be taken up in a piece-meal fashion where everyone gets a piece of everything. The Pinelands, Meadowlands and Highlands regions of New Jersey are highlighted. I have been to a couple presentations on the Pinelands Commission and can recognize what they are doing, at the regional level, is far superior to some proposals currently floating around.
The idea of smart growth needs to start with the idea that not all areas are equal. Some areas should be seen for their value as recreational areas, some as farm lands, and some as urban nodes. Not every community will have all three. Certain parts of the state need to be recognized for their ability to meet a set of needs, and be protected against competing state interests.
For instance, housing is important in areas where there are jobs, transit facilities and pedestrian access. Housing replacing farmland because everybody must have more homes, simply is not smart growth. These policies cost us open space, increase the use of the automobile and places needy families into areas without job support. Hardly smart.
As the discussions continue on zoning reform, an emphasis needs to be placed on knowing what particular regions of the state are all about, and establishing a zoning reform package that can really achieve this. The Community Planning Act comes close to achieving these goals.
Monday, August 31, 2009
Pulling The Rug Out From Under The Recovery
The mortgage tax deduction is a political minefield. On the one hand, renters are not provided an opportunity to deduct any portion of their rent from their income. Thus making the mortgage deduction an easy target in the name of housing equity.
However, the mortgage deduction is quite attractive to homebuyers and removing the mortgage interest deduction will make many by-pass home ownership. This in turn will eliminate many of the jobs that are just beginning to recover from the past couple of years downturn.
Just something to think about.
Tuesday, August 25, 2009
A Dangerous Affordable Housing Mandate Precedent
The entire Chapter 40B concept has followed closely the affordable housing policies and legal path that has occurred in New Jersey, the case discussed below puts a further burden on communities in New Jersey by establishing that, even though they may meet their mandate, that achievement means nothing and they are still subject to even greater affordable housing levels.
Nonprofit wins appeal to build low-income houses
I know the posts here suggest that I have a problem with affordable housing. That is not the case. We clearly need affordable housing. However, we need to see protections put into place for wetlands, appropriate design, and sustainable densities.
Several communities on the Cape are faced with a double whammy, pursuing Chapter 40B while also facing down sewer mandates that may be put into place under litigation. Chapter 40B clearly puts into place densities that are not always sustainable. We need to recognize this and protect our communities, in appropriate means. This can only be done with proper planning. The Community Planning Act provides such a mechanism for proper planning to achieve appropriate local goals - including appropriate levels of affordable housing.
When In Doubt Change The Rules?
At Fort Devens the redevelopment process has three towns to satisfy. This is a real challenge. The process requires endorsement by all three communities. If one community says no, then a zoning action is vetoed. This recently happened:
BASE NEWS: Towns deadlock on ex-base redevelopment
Fort Devens' Vicksburg site abandoned since '96 closure
Now some may say that the action of one community should not be able to block the development desires of the other participants. It actually provides an interesting twist on home-rule, should one town be able to veto the vote of the other two participants in the process? However, should two communities be able to dictate to a neighbor? Clearly base redevelopment is tricky and requires agreement at the beginning of the process. That agreement appears to have been put into place at Fort Devens. However, as the article notes, the single town veto has raised the ire of those with particular development desires. Now they want to change the rules.
Without getting into the merits of a particular zoning plan, the idea that changing the rules when you cannot get what you want just does not sit well. Rules need to be agreed to at the beginning for a multi-community effort, otherwise, why should towns consider surrendering even a slice of their home rule powers.
Hopefully those at Fort Devens seeking to change the agreed to rules will reconsider and pursue a new development strategy that leads to buy in by all involved, rather than trying to force one community to do something the town does not believe to be in their best interest.
Friday, August 21, 2009
How Can This Be A Chapter 40B Project?
His home for sale, Hastings says he’s fine
What struck me in this article was that the particular developer had a Chapter 40B project with "market rate" housing units selling for over $1 million while the affordable housing was selling in the $170,000 range. This seemed like quite the range of prices. The story below provides information on these affordable units.
Affordable housing available in Hingham
Looking further at the project the "market rate" units start at $825,000. These "market rate" housing units exceed the average household in Hingham's ability to pay by nearly doble what they could pay. The median household income in Hingham being $110,699 in 2007 which would qualify them for just under a $400,000.
In fact, this affordable housing project, if it could be called that, will mix households with incomes of about $60,000 with households of about $170,000 to almost $275,000 annually.
Chapter 40B is intended to provide "equivalent" housing, such that you cannot tell the difference between the Chapter 40B units in a project and the market rate housing units. In a project with and 800% difference in unit sales prices, it is hard to imagine that the units are equivalent on the inside and outside.
Perhaps, the project in question could have been of greater benefit to Hingham than the 5 units (as a Chapter 40B project 25% would require at least 12 of the units be affordable???) of housing described by the Patriot Ledger article had the developer been required to provide a local housing trust with 25% of the gross project value to be used for development of appropriate mixed income housing.
Monday, August 17, 2009
Scaling The Hill: 40-B Abuse
Scaling The Hill: 40-B Abuse
