Growth Limitations

I have never been a big fan of growth limitation by-laws that make a very small number of building permits available.   Especially egregious are ones that make a small number available just once a year. Generally, the result is a small number of builders being able to obtain the right to build within a community.

The Eliot example, while providing for 20% of the permits for affordable housing,  still limits growth to less than half a percent. And, limits affordable housing creation to about a tenth of a percent of total housing. While moratoria may be necessary for short periods of time, long term building limits, as are typical in New Hampshire and Maine, serve little real purpose.

Three people snagged all eight Eliot building permits

Common Lots And Regulatory Takings

Here is a link to a court case that might of interest to some, Wisconsin App: Two Parcels Can Be Treated As One For Regulatory Takings Purposes, If They Are Contiguous. 

I have always wondered whether the common lot merger provision would pass the regulatory takings test. I know there have been cases challenging the provisions of merger altogether, Pearson v Hull, but I have not seen one that addresses regulatory takings quite so directly.

This Transit Battle Caught My Eye

Google sued over buses

It has been a few years since I have exclusively worn a transportation planners hat. Then again, most local planners delve into this area time and again.

The goal of every transportation planner, especially those working with transit options, is to provide the lowest cost transit option possible. Face it, it is nearly impossible to drag people out of their private automobiles. The idea of a free ride as a job perk just might.

So, in the land of the worst air pollution, and some of the worst traffic congestion, a group of private employers have gathered together to offer employees fair free transit. And entities that should be applauding this are taking to the ramparts.

MASCO, serving the Longwood Medical Area, is a prime example of employer paid for public transportation that works. MASCO shuttle buses serve MBTA transit stations, bus stops and their own park and ride facilities. Creating a fully integrated set of transit options - fare free to employees - for the medical facilities in the Longwood area of Boston.

If anything, there is one strange aspect of California law that needs to be changed. Not allowing private buses to use "bus stops" seems quite strange. The more buses that meet at a particular location, the more opportunity for passengers to decide to catch a transfer. So, even though the passenger of the private bus, on the free leg of his trip, may not be a fare paying customer of the regular transit system, it does not mean that some portion of these riders may not be enticed to make connections on fare supported systems. Moving them away from these stops eliminates all such possibilities.

I cut my planning teeth promoting a transit option that offered NH Seacoast residents a free ride, it's good to see this returning.

Housing Affordability, a bad sign for compact development

Here we go again:

1 in 3 homes is unaffordable and a bubble is forming

As the economic recovery staggers along, the return of the housing bubble can only bring in a gray cloud.  People cannot afford to live in the metro areas and, once again are looking for housing further from the walkable neighborhoods. Long term "savings" on a more affordable home, outpaces short term costs such as travel costs and hours spend commuting.

Not sure how we change the thinking, somehow we need to get commuters to understand that $300 a month spent on fuel, off-sets that extra $300 a month on a mortgage in a more dense, transit and walking, setting.

As fuel prices continue to climb, that next bubble burst may not be that far away.

Something to watch

There have been many communities creating inclusionary housing programs based upon the models that have come out of California. After decades of use, the rules might be changing. This Palo Alto case really needs to be watched closely by affordable housing groups.

Inclusionary Housing Must Be Litigated As Exaction, Cal Supremes Rule

Flood Protection and Takings, This Ought to be Interesting

Just sitting here in the aftermath of Hurricane Sandy and thinking back on a court case I recently read about. Back in June the New Jersey Supreme Court decided it would review a lower court case that determined that dunes blocking the view of the water from a first floor dining room constituted a taking valued at $350,000. The Borough of Harvey Cedars, New Jersey, exercised eminent domain to secure easements to construct dunes to protect the Borough from floods.  The Borough determined that the taking was valued at only $300 the court felt the impact on view was worth far more.  The mayor opined during the court proceedings, "what's more important the view or the house?"

Hurricane Sandy, and the devastation it caused in New Jersey got me to wondering how this community fared.  If the articles I have read are accurate,  the Borough of Harvey Cedars and its dunes did not fare well.  "In places where the island is only a few blocks wide, such as Harvey Cedars, the ocean met the bay over the borough's streets. Dunes were obliterated, and sand blanketed parts of Long Beach Boulevard, the 18-mile-long island's main drag."

A portion of Harvey Cedars on Long Beach Island, N.J., was underwater Tuesday, 

a day after Hurricane Sandy blew across the New Jersey barrier islands.

I cannot help but wonder, whether the house that was impacted by the dune was constructed to meet flood zone standards, with the first floor constructed to be above base flood elevation.  One would think that, if it was constructed to flood standards, the view would only have been minimally impacted.

In the wake of the destruction, it will be interesting to see what happens with this court case.

The Power of a Positive Public Image: Or What Not to Blog

In the competitive world of attracting new and growing businesses to a community a positive public image is quite important.  Here on Cape Cod there are those who get it, and those who don't.  The advent of so many ways of communicating to the world creates many challenges.  Before blogging, Facebook, Twitter and all the others we all had to rely upon our local print and broadcast media to determine whether a message was important, and from what angle they were going to cover the story.  Now we all have the tools at our disposal to communicate directly with our audience, and, communicate the message we desire.

From an economic development point of view communicating the good things about your community is essential.  On the Cape, it might be the great natural resources we have, our beaches, or the welcoming atmosphere a town may bring to attracting new jobs to the community.

Of course this gift at our disposal also becomes a double edged sword.  All these tools also allow for anonymity, and therefor, the ability to get negative without normal societal mores coming into play.  These situations make our jobs as planners all the more challenging as comments get posted about a community that paint an image of that community that will make potential investors shy away.  After all, who wants to go to a community where key citizens, whether in elected positions or simply a part of the town, are being anonymously criticized.

The simple probability that anonymous naysayers exist out there, makes it even more important for local planners and economic development specialists to put forward the good things about there community.  A relatively high unemployment rate, becomes a readily available labor force.  School spending issues bring out improvements in SAT scores and other recognition the schools have received.  General government spending issues perhaps reflect high quality beaches, recreation facilities and other infrastructure investments.  However, it is not engaging the anonymous bloggers head on.  Its all about identifying your message and sticking to it.

At work I have been blogging for nearly four years now.  Discussing town issues such as standardized test scores, changes in housing values, and unemployment of course.  But, we are also talking about what we are doing zoning changes, land acquisitions and public improvements that enhance the town image.  The response has been overwhelmingly positive. Both from within the town, and from outside the town.

Yes, we have had our interesting debates, but by staying on message we have managed to promote the positive image everyone ultimately desires.

Roll Up The Sidewalks

It was a beautiful day here on Cape Cod. Nice enough for many people to take an after work stroll through the village where we live. Yours truly included. Stopped at a local Mom and Pop coffee shop only to find they close up, this time of year, before the year-round residents get home.

This got me thinking, if the Cape truly wants a year-round economy, we need to remember we need to serve  our year-round residents. I preach this daily where I work, and the businesses are responding. We need it here where I live as well, or everyone will be forced to visit the chain fast food businesses who are more than happy to take our money and ship it to their off-Cape headquarters.

Only 15 Years Late

Wow, way back, almost half a career ago I was part of the Greater Boston Clean Cities Program.  We convinced the Boston MPO to put aside funds that created the first EV Pilot Program in the state.  About 17 years ago EV charging stations were placed in Alewife and Braintree Stations in hopes of seeing these installed all over the Boston region.

I am glad to see the first private facilities being installed. I just want to know, what took so long?

Lenox Hotel installs EV Charging

Carless on Cape Cod: Expanding The Walking Area

After walking for a few days I have noticed that in 20 minutes I can cover more distance, bringing my "market" area to about a mile from home.  This brings our village center into consideration.  Unfortunately, as with many villages on Cape Cod, the mix of uses lend themselves to the tourism market and not the day to day needs of area residents.

Yes you can find fine coffees and teas, sandwiches, pizzas and snack foods.  But the people who live and work here must leave the area for their basic needs.  Not to mention those who live in the surrounding neighborhoods. Overall, the village fails as a live-work-shop location.

Expanding beyond the 20 minute walk, to 30 minutes, brings a chain convenience store into play. Better prices, but still a very limited selection. The walk score of 20 sure seems generous, on a sustainability rating I think is far lower.

Carless on Cape Cod - Trash Day

So Sunday is supposed to be trash day.  We actually live within walking distance of the tansfer station by way of an old paper street.  The right of way currently has a trail that is used by hikers and mountain bikers. So you would think that we could dispose of our trash without a car.

No such luck.

Our town requires you to be a "resident" of town to dispose of your trash.  You would think that residency could be easy to show, after all there are so many ways to show residency.  Not so fast.  Those "non-resident taxpayers" don't deserve to throw their trash away at resident rates, thus the tax bill is not a valid measure for access to the transfer station. Voter roll, also unacceptable.  The Town has chosen to use where you register your vehile, and every pass is tied to your vehicle.

No vehicle, no access to dispose of your trash.  Car sharing programs (Zip Car) and rental cars do not cut it. you get to buy a pass based upon paying your vehicle excise tax

So trash day does not pass the carless test.

Carless on Cape Cod: The Farm Stand

Walkscore.com gives our neighborhood an index of 20, this means we are considered "car dependent." Check out your score here: walkscore.com. 

The convenience store I previously talked about is about 3/4's of a mile from our house.  Walkscore shows the farm stand as a "grocery" as well.  After being disappointed by the selection at the convenience store, we chose to walk to the farm stand.

From spring to fall this stand provides fresh vegetables, eggs and other homemade items such as pies, salad dressings and preserves.  Since we did not find anything we wanted at the other store, we hoped for more luck at the Farm Stand. Today we were looking for potatoes, carrots, salad items and dressing. Found everything but the carrots, substituted zucchini as the days vegetable of choice.

Overall, at least during the growing season, we could survive on what we can buy at the Farm Stand. Walkscore also notes that the Farm Stand is only a third of a mile from the house.  It could be a doable walk, even in the rain.

Carless on Cape Cod - The First Trip To The Store

Now we start to test whether where we live can support a car-less lifestyle.

First, it is clear I cannot make my commute.  I am 51 and well beyond the years I rode over 20 miles each way for work.  So I start from the position that I must have a vehicle for the most basic of needs.

Taking the next step, what errands are possible by foot.  The convenience store nearby advertises that it has "groceries."  Well, you probably could sustain yourself, minimally, on the cold cuts and tv dinners, but the food selection is limited.  There is no fresh fruit or vegetables to be found in the store.  The store would hardly sustain a healthy diet and given alcohol products make up at least half the shelf space, it is more of a package store than the convenience market/grocery that it bills itself as.

Size wise, the store probably could serve as a grocery, but it needs a wider variety of food products.  Its offerings are clearly limited by its clientele.  Most in the neighborhood probably do not think of this store as a destination for meeting one's day to day needs.  Needing to survive financially, it lives down to those expectations.  In the end, one has to conclude that this store does not support a car-less of car-free lifestyle.

I guess this neighborhood is sinking fast into being one where a car is mandatory.

Carless on Cape Cod The 20 Minute Walk

If you are carless, you need to fill your basic needs within walking distance.  A good walk from where we live, in our 70's style subdivision, is about 20 minutes.  Within this walking distance we find:

• A convenience store which advertises they have groceries;
• A farm stand, which, at least during harvest season can meet some needs;
• The town transfer station: and
• A pizza place.

Not too shabby at first glance.  What is a within a twenty minute walk of your home?

Carless on Cape Cod

Okay, here is the challenge.  Think about what is available to you within a 20 minute walk. Can you meet your most baxic needs?  Most will immediately realize they could not get to work.  But, what else would you be deprived of?

Traditionally villages grew around their church, market and common services. So, until you stop and think about where you live, or find yourself temporarily carless, do the problems of modern day (Euclidean) separation of land uses become so apparent.

So, I challenge you park your car for a few days, put your T pass away, and see if you can find your basec needs within walking distance.

I will share our experiences.  Give it a try.

Chapter 40B and the Ballot Box

Affordable Housing, obviously it is needed. How we get there has become a hot topic. Chapter 40B, the Massachusetts Affordable Housing Law is being brought to the ballot box. This will have significant ramifications.

If it loses, many people in need of affordable housing will be disadvantaged.

If it survives, the environmental controls needed to ensure orderly development patterns will be destroyed.

If it loses, some form of substitute is almost guaranteed. That substitute could be a new, more community friendly statute which has been called for for years. Or, it could be a more onerous replacement imposed through judicial mandate.

If it survives, backers will be strengthened in their resolve, as Chapter 40B will now have the backing of a popular mandate. A mandate that could based upon low mid-term voter turn-out.

If it loses, obviously, the same low mid-term voter turn-out could be used to support the creation of replacement legislation not much different than what is present today.

If it survives, there will be less of a push to fix all that is wrong with the present Chapter 40B.

It is going to be a tough decision. When I walk in to that voting booth in November I am not clear which way I will vote. I believe in affordable housing. I do not believe it needs to be balanced such that every tiny out of the way community needs a project under the statute.

Chapter 40B needs to be fixed, more control given back to cities and towns. The Ballot Box cannot fix bad legislation. However, a vote to keep Chapter 40B almost ensures it will not be fixed. We are at the midnight hour, one way or the other. A vote one way does not support my head or my heart, but a vote the other way is similarly disruptive.

Affordable housing at the cost of environmental protection. Or environmental protection at the expense of affordable housing.

Protecting the Public Trust

There have been court cases racing around the country looking at the extent and limits of the Public Trust. In Florida, the U.S. Supreme Court ruled that, when filling submerged lands, the state maintained rights to the formerly submerged property. It noted that, while property owners may have rights to lands created by natural accretion, the formal action of filling tidelands provided no such benefit.

A similar case in Massachusetts has just been decided. The SJC decided today that the State maintains Public Trust Rights to filled tidelands, even ones filled over a century ago. This case is important to most coastal communities. Chapter 91 protects the public's interests in filled tidelands that are seaward of the first street. This provides the protection of public rights to the presently submerged lands.

Given the amount of public and private beach nourishment that occurs in Massachusetts, it will be interesting to see how this all plays out. It is clear that in this case, the Commonwealth felt it was important to maintain public rights. With most of our beach front areas being subjected to restrictions by adjacent private property owners that limit public passage for fishing and fowling, one has to wonder if beach nourishment projects could actually open these previously submerged lands to greater public access such as in the Florida case?

Clean Air, Clean Water

As you read this post, the Gulf Oil Spill grows worse and worse. Even in the wake of this disaster Big Oil seeks changes to many federal laws which will weaken air and water protection policies.

While both the Clean Air Act and Clean Water Act have their shortcomings, it is clearly not time to dismantle either of them. Rather, it is time to call upon Congress to fix the problems and strengthen these two critical pieces of legislation.

The Clean Air Act is currently under attack. Oil and coal interests are pushing to weaken the act in the name of "national security." While gaining access to our resources may be important to "national security" the resources we seek to harness needs to be in the best interest of all citizens of the country. Rather than changing laws to ignore the external costs of oil and coal, we need to recognize and properly price these external costs. Only when we recognize full cradle to grave costs, will we see our abundent, clean energy sources as clearly being superior to increased reliance on oil and coal.

Follow the link and join Repower America in pushing for a new energy future.

"Life, Liberty and the Pursuit of Happiness" An Argument Against Zoning?

It is always interesting how the Constitution, Federalist Papers, and now even the Declaration of Independence get drawn into the land use regulatory sphere. In the linked opinion letter, the writer uses the basic principles of the Declaration of Independence to support an anti-zoning position.

"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed..."

The letter writer opines that their "pursuit of happiness" extends until it infringes upon the rights of others. It is the writers belief that it is their right to develop property free of any restrictions until it is proven that they are harming others.

They seem to lose the point that the pursuit of happiness by one individual may, necessarily, conflict with the pursuit of happiness by another. My "happy" asphalt plant might conflict with his "happy" housing development. From these inate conflicts, whether in land use or just about any other endeavor, made us into a land of laws.

Zoning provides a framework within which people can pursue a level of happiness, with an understanding that their neighbor's pursuit will be in a similar vein. As I noted in a previous post, there is no conflict between land use regulations and the goals of our founding fathers. These conflicts are generally only found when the desires of a special segment attempt to ignore society in general to tie into the exemplary writing of our founders.

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."