And Yet They Still Oppose Wind Power

They do not believe the radiation is from VT Yankee, but then blame Chernobyl....

Radioactive Fish Near VT Nuke Plant Deemed Common

Given the problems in the Gulf, and the leak at VT Yankee this past week, I am hearing strains of the Beach Boys "Don't Go Near The Water."

Imagine a Land Development Process Like This….

Imagine a land development process where months if not years of planning, review and permitting could be undone in short time. That appears to be a part of the land management process in Israel. The “Sheves regulation” allows a development permit to be modified increasing development intensities by 20%.

The story can be found here: Back door to build more.

The process seems more convoluted than even Massachusetts Chapter 40B in that the process plays out AFTER the normal permitting process has been completed. The story reports as much as a doubling of building heights under “Sheves” permits. This approach is quite unbelievable, and seems to defeat public participation and any semblance of fairness.

History Repeating Itself

As planners we deal with numerous social issues. Homelessness, overcrowded housing, lack of adequate employment opportunities, etc. Often we find ourselves on the frontlines on these issues or even in the crossfire. Whether it is the changes in Arizona’s laws as they relate to undocumented aliens, the case about the college student or various factory raids that have occurred, we can find precedent for these actions in our nation’s history. Economically hard times seem to increase these tensions.

The immigrant groups that historically have drawn the most attention have been those that arrived in the deepest levels of poverty. Whether it is the Irish of the Potato Famine, Asian boat people, or the present influx of Hispanics from South and Central America.

It is interesting when one reads a historical piece about some of these groups, their habits are all generally the same, and the reaction of U.S. society is pretty much the same. For instance, the following items illustrate almost a name your large immigrant population list:

• “Upon arrival in America, the ____ found the going to be quite tough.”
• “With no one to help them, they immediately settled into the lowest rung of society and waged a daily battle for survival.”
• “…their city was undergoing nothing short of an unwanted "social revolution"….”
• “______ took any unskilled jobs they could find such as cleaning….”
• “…they fell victim to unscrupulous landlords….”
• “There were only a limited number of unskilled jobs available. Intense rivalry quickly developed between the _____ and working class [American]________ over these jobs.”
• “Their resentment, combined with growing anti-_____ and anti-[religious]_________ sentiment among all classes in ______ led to 'No ______ Need Apply' signs being posted in shop windows, factory gates and workshop doors throughout the city.”
• “Wherever they settled, the ______ kept to themselves to the exclusion of everyone else, and thus were slow to assimilate.”
• “Militant anti-[immigrant]___________ formed a third political party nicknamed the '______' seeking to curtail _______ immigration and keep them from becoming naturalized Americans in order to prevent them from ever gaining any political power.”
• “Throughout America, anti-_____ sentiment was becoming fashionable.”

This history truly could apply to just about any major immigration group. These immigrants all took on the menial jobs many others would not touch. Today it seems fine to many to take advantage of immigrants by giving them temporary H2B visas to allow them to work in motels and restaurants cleaning toilets and such. But, it seems society does not want to provide these immigrants with any opportunities to advance themselves.

As planners we see both sides of this equation. With any affordable housing or public transportation project we hear the “we do not want those types in our community." We find ourselves having to fight the mentality that affordable housing or public transportation breeds crime.

From where I sit, I fear the current economic and political climate is throwing us back and causing us to lose almost a hundred and fifty years of progress and understanding.

By the way, all the passages above came from a piece about the Irish, the Potato Famine and societies reaction to the arrival of Irish into our communities. Did you read them and place some other immigrant group into the blanks?

Planning Funnies? Maybe Not....

Citing the Constitution and the Federalist Papers planning and zoning has come under fire. Maybe my Political Science background will really come in handy after all.

It is not a new thing to see the Constitution cited when fighting land use regulations. However Penn Central and several other major cases have clearly illustrated that some level of regulation is necessary and allowable. Obviously we will always be dealing with those who feel that any regulation that limits what can happen on a property results in taking of their property. In the Winona example, the Constitution is used to fend off new flood zone restrictions as well as protections for the tops of bluffs. As we have all seen in the course of the first several months of 2010, whether in Massachusetts or Tennessee not protecting against inappropriate construction in at-risk area creates hazards to personal property and safety. Risks not just borne by the individual property owner, but all of society under some conditions.

Bringing into play the Federalist Papers is something new that I have not encountered before. The citation in the Hutchinson, Kansas situation:

"Federalist Papers" (No. 12, Nov. 27, 1787), "The prosperity of commerce is now perceived and acknowledged, by all enlightened statesmen, to be the most useful as well as the most productive source of national wealth; and has accordingly become a primary object of their political cares."

The concept argued in this passage is being used to argue that the pursuit of wealth outweighs everything. It is being used in Kansas to argue against home occupation restrictions which would otherwise prohibit manufacturing type uses within residential settings. Essentially the pursuit of individual wealth, at the expense of ones neighbors is being argued to be more important than the protection of ones neighbors individual property rights.

These two cases provide an interesting juxtaposition. I could take the argument being made in the Hutchinson, Kansas situation to argue that by allowing a home occupation that includes a machine shop or other noisy use, the City of Hutchinson is taking my property value as it relates to how I enjoy my own property. I know some will argue that this is a stretch of the takings clause in the Constitution, but it is not an unusual one - look at most challenges to permits allowing development and the appellants are arguing exactly that, diminished property values.

Looking back at the Federalist Papers, James Madison noted (Number 10, November 22, 1787)

"But the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government."

So, Madison noted that property is not equally distributed, such unequal distribution was a cause for problems between people, and that resolving these conflicting interests was a necessary part of governmental regulation. One could say that Madison anticipated and addressed Hamilton's commerce issues.

Further on, in Federalist Paper Number 54, the issue was addressed again:

"Government is instituted no less for protection of the property, than of the persons, of individuals."

This document, which is credited to both Hamilton and Madison, also notes the role of government in the broadly stated protection of people and property.

The conclusion, both Alexander Hamilton and James Madison seem to have anticipated the inevitable conflicts involving property and protecting both people and property. In crafting the Federalist Papers, which helped to form the Constitution and is used to interpret the Constitution, they anticipated the need for legislation to protect property and people. Whether it be the flood zone and bluff area protections under discussion in Winona or the home occupation discussion in Hutchinson, when taken as a whole, neither the Constitution or the Federalist Papers really provide much basis to support those opposed to these proposed zoning controls.

Oil? Wind?

Last week Cape Wind passed a major hurdle. No sooner had it cleared that hurdle than a number of opposing voices came forward pushing for legal challenges.

We are all also reading about this massive oil spill in the Gulf. Most recent analysis suggests that this spill now exceeds the Exxon Valdez spill. All the while the spill continues to flow.

The opposition to Cape Wind comes from many angles. One is the potential impact of these platforms on sea life.

Dead turtles and other sea life have started to wash up along the Gulf Coast from the current oil spill. Reports are that if the slick is caught up into the Gulf Stream Current the spill will move out of the Gulf and into the Atlantic.

Cape Wind is reported to "occupy" 25 square miles. Of this, about 54 acres will be truly physically occupied.

The 1975 "Florida" oil spill in Buzzards Bay impacted 5,000 acres of ocean bottom and 500 acres of marsh. These areas illustrated "95% of the animals collected were dead." The more recent "Bouchard 120" spill impacted 90 miles of shore line.

So, why are these planning issues? The reasons are clearly many. First, economically, as many have stated, we need economic independence. Yes, more oil development can provide that, but at what cost? Is it appropriate for other entire industries to be injured when a large or small spill occurs? How will the fishing industry cope in the Gulf? How about the vacation industry when pristine white beaches are spoiled by oil?

Wind may not be as economical (in direct costs) as oil. But environmentally, it appears more sound. When oil starts to pay for society's costs (air pollution, water pollution, health issues due to smog) the two energy sources start to balance out.

Cape Wind, on-shore wind farms, solar farms, geo-thermal all need to be part of our future.

Of course, to ensure clean energy meets "clean" standards, we also need to ensure that these facilities are manufactured within the US as our environmental control standards for manufacturing exceeds those found anywhere else.