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.

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.

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?

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?

Hollow Victory - Water Conservation A Needed Program

I was reading the following article about water shortage issues in Atlanta, Harvesting rainwater to east Atlanta's water woes, when I was reminded about changes that the state of Massachusetts attempted to implement in the water withdrawal registration renewal process recently. You can read about that case here.

Starting with the case in MA. The courts found that the state had acted improperly in attempting to enforce conservation efforts on the renewal process for existing water withdrawal registrations that were simply being renewed. The court noted a few things, first, that the state could impose water conservation on anything that required a permit (permits being differentiated from registrations in that permits were issued for new water withdrawal requests and registrations were to continue withdrawals at levels that were in existence prior to the original state permit/registration process). The court also felt that the state could also place conservation requirements on registration renewals, but needed the regulations in place to do so. Ultimately, in January of this year, the court found that the state had not established such a regulation.

I see this as a hollow victory in two ways, first the towns that challenged the state simply delayed the inevitable. While ruling for the towns, the court clearly found the state could do what it had intended, it just had to follow the proper process. It is also a hollow victory as water is a limited resource, and conservation measures are needed whether imposed by the state or not. If existing local water use is not controlled there is limited water that will be available to support economic growth. Ultimately it means these towns beat the state, but did not really help themselves.

So how is this tied to the Atlanta article? Ultimately, the water conservation efforts we adopt will need to look at how we can contain the seasonal fluctation of rainfall, collect it, and then reuse it in the drier times of the year. This means finding ways to harvest run-off (which could reduce the flooding concerns we have experienced here in the Northeast this past spring), containing it, and then using the collected water for summertime irrigation - and removing irrigation from being a draw on the public water supply.

Some areas can clearly look to irrigation ponds. But this is not necessarily a good solution in residential neighborhoods (mosquitos illustrating one of many issues to consider). It may be more appropriate to consider requiring water containment as part of site design, whether for single family homes or commercial plazas. Underground cisterns could provide significant water storage opportunities. These devices could contain water that would usually runoff a property into our rivers and streams reducing flooding, and provide irrigation opportunities in drier months. This irrigation also providing some opportunities for groundwater recharge during these dry periods.

As we planners in MA start to think about meeting this 65 gallon per capita water use limit that was imposed prior to the court case, we need to start to build into our planning discussions real water conservation measures.

Economic Stimulus Bill

The Massachusetts State Senate yesterday passed SB 2345, a bill aimed at streamlining state permitting, getting rid of duplication of permit requirements across state agencies, and to make it easier to move through the state permitting process. The goals are clearly laudible.

Having not read the entire bill as of yet, I will withhold passing judgement. However, the bill is not without its issues. One of which I will discuss below.

Section 122 of the bill as posted on the Senate's website (SB 2345) includes provisions extending the life of numerous local permits, licenses, variances, etc. These permits are extended for a period of three years beyond the "normal" life of the permit. Thus a permit for one year, becomes one for four years, a two year approval becomes 5, and so on.

A few highlights of what permits are extended:

• Chapter 21 extends, among other things, wastewater permits;
• Chapter 40 governs all municipal regulations and by-laws other than those specifically identified in other chapters;
• Chapter 40A extends all special permits, variances and other project approvals regardless of the fact that certain provisions in chapter 40A specifically limit the maximum period a permit is valid for and identifies certain actions that could lead to the rights granted in a permit to no longer be valid;
• Chapter 40B extends all Comprehensive Permits for an additional three years;
• Chapter 91 governs all waterways licenses; and
• Chapter 143 governs all building permits.

Finally, Section 122 includes the catch-all phrase, "and any local by-law or ordinance" which will extend its reach to any local permit or license a community may have adopted under its home rule powers that could be considered to impact "development." "Development" being very broadly defined to include the division, excavation, and filling of land, construction or change of use of structures.

Process already exist for addressing delays in the construction process. These processes involve returning to the permitting agency and having a proper determination made as to whether the provisions and findings surrounding the original approval are still valid. This proposal by-passes that process and for the next few years, overrides other local actions such as zoning changes which may have modified the final plan approval or outright prohibited the proposed use.

In my opinion, Section 122 should be removed. In its place, the state might want to urge communities when considering extending a lapsing permit, weigh the current economic situation. Section 122 does not do anything to immediately stimulate the economy. In fact, it supports actions that might delay new construction projects by extending a time-frame for construction which may encourage developers to wait for a better economic climate.

Chapter 40B and Land Use Reform

The next few months should be quite interesting. Two sides are squaring off on the question of whether Chapter 40B should be repealed. Many of the same parties are involved in discussions of whether or not the current land planning structure in the Commonwealth should be overhauled.

All to often in these discussions the good ideas get mixed in with not so good ideas, and we wind up with campaigns that are as much innuendo as fact.

Take Chapter 40B. There is little argument that Chapter 40B has created housing. There is quite the debate though as to what it has meant to housing affordability. One side wants you to consider the pure numbers of housing units created. The other side argues the growing affordability gap illustrates the failure of the system.

Looking at the arguments, both are right. Chapter 40B has succeeded in seeing affordable housing built. Chapter 40B has also promoted the construction of between 3 and 4 market rate housing units for every affordable housing unit constructed. If 75% or 80% of the units constructed are market rate, it becomes quite apparent that Chapter 40B is contributing to the continued growth of higher end housing in numbers larger than that of the affordable units.

Moving to Local Planning and Zoning, much of the same issues play out. Communities have many diverse interests. Many of these are directed by various state or federal mandates. Here are a few examples:

• Recent flooding has illustrated the problems with growing urbanization. Fewer areas are available for storm water to absorb into the soil. Federal flood initiatives direct communities to work on plans to improve storm water storage for flood management. Various forums have even suggested undeveloping areas to reduce flood risks.
• We are also all directed to develop and maintain local Open Space and Recreation Plans. These plans direct communities to provide particular amounts of open land areas for recreational purposes based upon the number of residents. These plans are also directed to promote methods to implement open space initiatives in the State Comprehensive Opens Space and Recreation Plan. Again, planning documents directed to protecting development.
• The state has mandated towns develop housing creation plans. These plans are intended to identify the strategies cities and towns are going to pursue to meet local affordability targets. When developed locally, these plans can be crafted cooperatively with the two planning projects noted above.

Recently, efforts have started to push to reform the state planning act. These efforts have come from two sides, much like under Chapter 40B. There is the side that calls for improving the planning and zoning process to give communities more control over their own future. This control coming in the form of new local planning requirements, and improving the zoning process.

The alternate proposal calls for changes to planning and zoning focusing on a development approach to planning and zoning, as opposed to the more traditional community vision approach. The push for these efforts have come from the side of the equation that feels that local visions, local development controls, etc., are stymieing the state economy. To some extent, the changes proposed ignore, if not walk all over, the other local mandates.

The arguments over planning and zoning reform face the same issues as reforming Chapter 40B. One side strongly believes that the system is broken and that communities cannot properly address the growth needs of the Commonwealth. The other side argues that the current system is broken and that provisions such as approval not required land division, and generous grandfathering rights destroy local planning abilities before a community could ever properly develop a city or town vision.

While both sides agree that provisions in the current planning and zoning structure in the state need to be fixed, there is clear disagreement on what is broken and how it should be fixed.

The Chapter 40B discussion ought to be interesting, if not for any other reason than to learn if community interests or land development interests will prevail. One sure thing, a reasoned approach to affordable housing will be the ultimate loser. This reasoned approach can only come about by looking at the broken system, and developing a consensus that promotes properly created affordable housing.

More on Erosion and Takings

A New York Times article, A Stake in the Sand, provides more information on a subject I wrote about back in December. Given all the flooding issues I have been reading about lately, I find some of the landowner arguments humorous. On the one hand we have the state taking steps to protect private property owners from the destructive forces of the sea. In doing this, the state is establishing a stake in the newly created beach area (formerly submerged) for the public. The private property owners, who were at risk of losing their homes without the government intervention are arguing that they should be the sole people able to enjoy the benefits of this public investment, adding to their private land holdings, and ultimately their financial value.

I find the humor in this, in that the recent flooding in the northeast has pointed out just how much we tempt fate with our land development. We build in flood plains along our rivers. We build on top of coastal dunes. When it is suggested that these areas are unsafe, and that these areas require additional flood insurance we scream and shout about the expense. But when we are flooded, or washed away, we turn around and ask the government to cover our rebuilding expenses, and to protect us from the ocean or rivers.

The great-great-grandson of the founder of Destin said it right:

“people didn’t build over there, because only a fool would live over there....”

High Speed Rail and Sprawl

I saw this article today and had to share it, High-Speed Rail As a Conduit of Sprawl. Years ago, when I wore my Transportation Planner hat, I made similar assertions regarding Commuter Rail services between Boston and Worcester. I argued, based upon data for residential development patterns along other rail lines, that the rail network between the two cities would open up new areas between them for additional sprawl. I based this upon basic travel times. If the average commuter is willing to spend XX amount of time commuting and we open up new areas to that travel time, why wouldn't you expect people to locate in those areas?

When I offered this argument, nearly twenty years ago, I was soundly criticized as being anti-transit and anti-rail. So i feel somewhat vindicated by reading quotes such as the one below. The authors are correct, before we expand high speed rail, we need to address suburban and exurban land use.

“High-speed rail will simply add another layer of access to the far-flung suburbs/exurbs and Central Valley, resulting in more mass-produced subdivisions,” warns Robert Cervero, director of the University of California Transportation Center and author of Development Around Transit.

Fair Housing Problems - Giving Children a Place To Play

A couple of news stories:

Children's play restrictions spur suit

Single moms file bias complaint against condo manager

Lately I have been seeing more and more stories about people in multi-family condominium living arrangements having problems. Obviously living in the close quarters such as a condominium project, where there are limited private yards is going to lead to a conflict between those with children and those without. Unfortunately, it appears that these conflicts are leading to attempts to drive out children.

As planners this private conflict becomes also a public one. Many condominium projects come forward as means to either protect open areas on a site, or to make allowances for more affordable housing. Often, achieving these lofty goals, leave behind the idea of creating a user friendly environment.

As we review multi-family housing, as planners we need to remember that we are placing people in very close quarters. We need to remember that the big back yard of a traditional single family subdivision is lost, in exchange for common area. These common areas need to be designed to provide for areas where different residents can find solace, or active entertainment. A project with multiple bedroom units clearly needs to include areas specifically designated for children to play. These areas need to address areas for playing baseball or basketball or skateboarding. Things that often take place in lower density neighborhoods.

The designs should also look at more quite, contemplative areas. Areas for the older, empty-nest residents to enjoy away from the hustle and bustle of children play areas.

Passive open space, perhaps needs to be traded off to create these active areas in condominium projects.

As the two situations described above points out, we also may need to include conditions in site approvals that protect the rights of children to play.

This Is Just So Wrong On So Many Levels

I subscribe through RSS to Planning and Zoning Headlines. It provides me with an opportunity to see news reports from around the country on various planning issues. I have found it to be quite interesting to read about various planning initiatives in other areas. It is quite amazing the number of different news stories that come up everyday. However, occasionally an article comes along that makes you ask "is this for real?"

The following story out of Greensboro provides one such example, Zoning Says Students, Chemicals a Good Mix. The article clearly points out the importance of Master Planning, and sticking to it. To think that residents would essentially use other people as the "canary in a coal mine" to try to force out a long-time business is astounding. The fact that the zoning panel in the article actually agreed with the neighbors who supported a rezoning so that people would be living on top of a chemical plant is dumbfounding.

No one in the article is quoted as saying the paint factory should be rezoned. The description of the land uses in the article clearly illustrate that the heavy industry zoning for the property is appropriate. The idea of rezoning land, located on top of such a zoning district to any form of residential seems mistaken.

Perhaps We Need a New Approach

Recently the Barnstable Old King's Highway Historic District Committee denied the erection of a wind turbine at Cape Cod Community College. This action was not an isolated incident as there are examples of similar actions across the country in historic areas. Some states have even taken to stripping historical commissions of their authority to review wind and solar installations.

Perhaps, proponents of wind and solar need to pursue a new approach. The National Park Service, among many others, has raised concerns about the impacts of acid rain on historic structure, What are we doing about acid rain?

Perhaps, we need to pursue this angle. We have focused much of our discussions on the energy savings - and dollar amount - saved by entities seeking to use solar and wind in historic areas. It might be time to quantify the savings in tons of pollutants removed, reductions in acid rain producing compounds in the environment.

As planners we might want to direct our historic committee members to read a few of the documents that are out there on the impacts of acid rain, such as Acid Rain and Our Nation's Capital which discusses the impacts of acid rain on limestone and granite buildings. We need to direct them to the impacts on homes, Acid Rain's Effect on Your Home, to illustrate the increase in maintenance costs, costs which can be quite extensive on historic properties. We need to point out, ultimately, that acid rain is directly related to fossil fuel burning for electricity.

We need to point out that, for every megawatt of energy produced by a wind or solar installation, 20 tons of sulfer dioxide and nitrogen oxide (the two leading contributors to acid rain) are avoided.

Finally, we need to point out that the same chemicals which cause acid rain also produce smog and haze, ruining most peoples views of our lovely part of the world.

Perhaps this approach needs to be explored prior to stripping historical commissions of some of their review powers.

What Goes Around, Comes Around

The American Planning Association put up one of its historic Planning Advisory Service documents this month for all to consider, Hot Rods, Car Clubs and Drag Strips. After reading it, I was surprised how easily it would be to substitute one of today's more popular activities, off road recreational vehicles, for the hot rods.

The PAS report, from 1955 discusses how popular hot rods and drag racing were becoming in that era. It provided information on how some communities were adapting to these new demands by creating areas for car clubs and even sanctioned drag strips.

Today, the same could be said about the two, three and four wheel off-road recreational vehicles, except that the idea that areas should be set aside for sanctioned activities.

As planners, we should think about the needs of everyone in the community. Do we have significant, moto-cross type activities occurring? Do they have sanctioned, safe facilities? Can the community find a location for such a facility? If so, perhaps the same approach as took place in the 1950's for hot rods and drag strips should be taken for these newer activities.

Just something to think about. We can learn from our past, and repeating these lessons may not be a bad idea.

What goes around, most certainly comes around when it comes to recreational activities.