Category Archives: Zoning

Zoning and city planning that effects the types of building in Newburyport, MA

Newburyport, Protecting our Historic Heritage

When I first moved here back in 1981, as I remember it, it never would have occurred to anyone to demolish an old building. Downtown Newburyport had been restored and restoration was spreading to the rest of Newburyport’s Historic District.

The idea was to remove years, if not centuries, of wallpaper, skim-coat the old plaster walls, update heating and electrical, put in much needed insulation, repair sills and rotting windows, sometimes remove years and often centuries of accumulated paint.

As far as I remember, demolition was never even on the radar. Preserving local neighborhood character was a given.

So what has changed?

People write PhDs on the subject and PhDs on the solution, this blogger doesn’t have the answers. One heartening thing, however, is that the Newburyport Preservation Trust has among its membership the kind of brain trust that could address these kinds of issues. And for that I am quite relieved and grateful.

I think we are definitely at a crossroad. Depending on your point of view our unique historic heritage is already eroding or is on the verge of eroding due to over-development. I feel that it has happened slowly and incrementally and that some of us now look around us and say, “What in the world has happened or is happening?”

It’s not like our City government is sitting idly by. It is not. In fact our City government has been very proactive over the last 4 or 5 years. We now have a 12 month demolition delay, a site plan review; we have a host or zoning changes and amendments that address the problems, including the zoning amendment that is coming up that specifically addresses “infill” in Newburyport, MA. We now have various zoning overlays and are working on our first local historic district—the Fruit Street Local Historic District. Good for the City of Newburyport, MA. I don’t think anyone in our City government would like to see the erosion of our historic heritage.

But in spite of everything that the City of Newburyport has and is doing, the climate, attitude towards protecting our historic resources appears to have changed.

It seems that the first thought is to demolish historic buildings instead of valuing there worth. I find this disturbing and I know that a lot of other people feel the same way.

I also think that if this trend continues it will have short and long term economic consequences for our City, because Newburyport will no longer be a exceptional place to live, visit, work and play.

Mary Eaton
Newburyport

Possible Planning Director, Newburyport, MA

This whole planning director thing, let’s face it, is just odd.

Christopher Ryan, former Town Planner for Walpole, MA is Mayor John Moak’s choice for Planning Director for Newburyport, Massachusetts.

It’s very odd that the Town of Walpole posted the job for Planning Director this Tuesday, July 25th (see earlier posts.)

I would agree with the comments about Christopher Ryan’s website, www.4pointsplanning.com. Many of the links to the other pages did not work on my computer either (although they seem to be working better today.)

And, I have a few reservations about the fact that Christopher Ryan will be teaching a course during September and part of October of this year. Let’s face it, it’s not good to have a Planning Director gone 3 afternoons a week, unless of course the goal is to not have the Planning Director around.

And the fact that Mr. Ryan would only be working 30 hours a week during that period is not a good sign.

For anyone hanging around the Planning and Development Office in Newburyport, MA, it becomes obvious very fast that the City Planner, the Senior Project Manager and the (former) Planning Director work around 80 hours a week at least… one of the things I have admired about the top people in the Newburyport Planning Office is that for them, planning and development for Newburyport, Massachusetts is as much a vocation and a dedication as it is a job. I would hope for no less from Christopher Ryan.

We desperately need a Planning Director to “hit the pavement running,” not one that will take a stroll on it every now and then, which would happen those first couple of months.

It will take 6-9 months (at least) for the new Planning Director to figure out all the players, much less all the all the myriad of projects that the Newburyport Planning Office is dealing with. It would be my preference to have someone who could give 100% plus commitment to the job right off the bat.

And is Mr. Ryan going to keep his consulting business going while he is Planning Director for Newburyport?

Is Mr. Ryan going to continue to take time off to complete his PhD. And wouldn’t it be much better to have someone in this position who already has completed all necessary education. And is having a Ph.D. candidate in environmental studies as Planning Director a good thing? I don’t know.

It’s just not me, but I think many readers of the Newburyport Political Blog wonder if Christopher Ryan is indeed “marquee talent” that Newburyport, Massachusetts so deserves.

So I’m hoping that the Newburyport City Council asks lots of hard questions, because it appears that hard questions are in order. And I’m counting on all our local media outlets to find out as much as possible about Christopher Ryan and as well as the hiring process for Planning Director. And I’ll be interested in what the readers of the Newburyport Political Blog are or are not able to discover.

And I would also like to add that it couldn’t hurt for the citizens of Newburyport, Massachusetts to give their City Councilors a call if they have any questions about Mr. Ryan’s qualifications.

Mary Eaton
Newburyport

More Skepticism about the Possible Planning Director for Newburyport, MA

These comments were sent into the Newburyport Political Blog:

“I would agree with the person who wrote to say that they are not convinced about Ryan being on the preservation commission – I don’t know what the nominating group, NRC, was that appointed him (still trying to find out what those abbreviations mean).

A couple other things:

1 – 4 Points Planning – I checked out Ryan’s 4 points planning website. There is limited info that we can get to. For example, if you click the ‘About’ link on his site, you can only access the first item in the ‘About’ list. All of the other items including his resume return an error of “Page Cannot be Displayed”.

Try doing this on any of the links that pertain to either his personal information, company projects, ore references – the same error appears for all of them. Links for “About” and “Portfolio.”

Here is my concern with this:

a – This is just sloppy. And, when your website is the storefront of your business, it just makes it look like you really don’t have much to show for yourself. If this is acceptable for his own business, how much sloppiness and lack of oversight will be acceptable to him if he takes this job?

b – This prevents any of us from finding out anything about Mr. Ryan. It likely is just a coincidence, but it doesn’t help those who are trying to see what Mr. Ryan is all about.

Christopher Ryan’s educational record:

2 – Georgia Tech Masters degree: I checked out Georgia Tech to see exactly what type of master’s degree they have in city planning, it looks like there are 3 ways to get a master’s degree in city planning, it appears – one is online only, one is a ‘traditional’ master’s degree, the last is doing a combined BS and master’s in 5 years. Which one of these options did Mr. Ryan pursue?
http ://www.coa.gatech.edu/crp/index.htm

2 – PhD at Antioch New England – the Daily News reported that he is a PhD candidate in Environmental Studies. When someone is a PhD candidate, this typically means that they have completed all of their coursework and have passed their qualifying exams and are working on their dissertation – there is typically a distinct difference between a PhD student and a PhD candidate. Which of these is Mr. Ryan? There seems to be a PhD program here where working professionals can work somewhat at their own pace toward the PhD.
http ://www.antiochne.edu/es/phd

3 – Walpole job: Walpole published the planner position on 7/25. The second round of interviews for the Newburyport planning director was only supposed to begin on 7/24. So :

a – did the mayor decide so fast that he was able to tell Mr. Ryan that same day that he had the job? Could / would Walpole have put the job description out that fast if Mr. Ryan resigned on Monday afternoon?

b – or, did mayor Moak tell Ryan in advance that he was selecting him for the job but was just having him and the other two candidates come to interview on Monday to make it look like it was an even race? to make the city councilors and others on the interview committee feel like they actually had a valid role in the interview process when they actually didn’t?

c – or, did Mr. Ryan resign or get ‘removed’ earlier and now the job is being posted. If he left on his own, why? If he was removed, why?

d – if he resigned b/c he was offered the Newburyport job by Moak, knowing that the city council still had to approve him for the job?

I think that it would be worth calling Walpole city/town hall to see on what day Mr. Ryan resigned and why – it should be public record, I would think.

The Historic Preservation Committee in Concord will be contacted to find out about Mr. Ryan – what his role is, who he was nominated by, how he has voted.”

Newburyport, Passionate about Open Space

I’m still thinking about the editorial in the Newburyport Daily News, saying basically, enough with the open space (see earlier post.)

And I think that so much emphasis has been place on open space because there are so many people in Newburyport, Massachusetts who are passionate about open space.

Getting anything done civically or politically takes an enormous amount of time and energy. And people just don’t spend that kind of energy unless they are passionate about something.

People in Newburyport are beginning to get passionate about affordable housing, and because of that, affordable housing is going to get a whole lot more attention, which is a great thing.

Marlene Schroeder is one of those people who is passionate about open space.

Marlene sent me a map that shows a little better the 126 acres of open space that are being considered by the City of Newburyport.

The area in the dark green on the map is the 126 acres. This area, if purchased would be called “Wet Meadows.”

map.jpg
Map showing what would be “Wet Meadows” in dark green

As you can see from the map the area abuts Rt. 95 and Hale Street.

When you come from the South on Route 95, getting off at Rt. 113, it is your first glimpse of Newburyport. It is the pastoral land with the cows. And it is stunning.

It is a pastoral gateway, if you will to the City of Newburyport. It speaks of our agricultural heritage.

It brings me a sense of peace and relief every time I pass it. One of the things I love about Newburyport is its wonderful balance of these pastoral scenes, combined with the historic district and historic downtown.

I would disagree with the editorial in the Newburyport Daily News. I think one of the things we’ve learned over the past 10 years, Cherry Hill being the most extreme example (see earlier post on the history of Cherry Hill,) is that when opportunities like this come along, we as a City dare not pass them up, because we will have one chance and one chance only, and we can never, ever get that opportunity back again.

And I for one am very grateful to all the people who have worked so hard to make this a possibility. And I hope that the Newburyport City Council would also agree.

Mary Eaton, Newburyport

Newburyport, Good, Bad Infill

So I’ve been thinking for me, what would constitute good or bad infill?

I walk all over Newburyport, especially the South End, and there are examples of infill everywhere. You can see the different additions and alterations that people have made over the years and centuries to different houses, and I for the most part, I like them, because they tell the story of the people who not only lived there, but who have lived in the City of Newburyport.

You can tell when someone needed a mudroom or often an addition on the back for a kitchen.

I know the house that I lived in when I first lived here had two additions put on sometime during its lifetime. One, a kitchen at the back and a sunroom that was put in on the North side of the house for some reason. Why a sunroom on the North side of a house who knows, except that that’s where they must have felt they had the most room.

And, it was a Victorian replica of a Greek Revival house, tin ceilings and all. I loved it.

And at one point in the neighborhood where I live bay windows must have been all the rage. There’s even a very old colonial with a bay window. For me it all adds to the “patina” of the City.

So when does infill, additions alterations become “bad” infill. Well quite aside from the density and added mass and bulk thing…I think for me infill crosses the line when it overwhelms or obliterates the story of the people who have gone before. No matter what their story was, good, bad or indifferent, it is still part of Newburyport’s story.

When the citizen’s of Newburyport fought so hard to save High Street, they wanted to keep the “patina” of the road and the shape of the road because it told the story of all the people who have come before us.

So I think that’s why in part I have such a visceral reaction when someone demolishes a home and puts a mega mansion up in its place. It seems to dishonor the past. Or when an addition to an existing home totally overwhelms the existing house and is out of character with the neighborhood, it seems to disrespect the people who have lived here before us.

It’s why (not to harp on this one more time, but to harp on this one more time) I have such difficulty with the Five Cents Savings Bank demolishing One Temple Street. It wiped out the story of all kinds of amazing human beings.

So I think that the emotional “trigger point” for me is when a project doesn’t add to Newburyport’s story, but demolishes or overpowers that story. Because I think every story, no matter how small or how big, is part of the whole. And it would be a good idea, in my mind, if each piece gradually added to what would ideally be the organic and intrinsic growth of our small city.

Mary Eaton
Newburyport

Newburyport, a Clarification – Ordinance and Special Permit

Well, it’s a good thing there is a disclaimer on the “Guidelines” page of the Newburyport Political Blog. Good grief.

I think that I’ve always said I’m on a learning curve here and that I will and have made lots of mistakes.

Well, a clarification on the “Special Permit” thing and the Towle Overlay District thing is in order. I’m pretty sure that I have this straight (zoning is very complicated.)

This is how I now understand it. The Towle Overlay District is an “Ordinance” not a “Special Permit.” It is an actual change to the Newburyport zoning laws. That is why it was voted on and passed by the Newburyport City Council. It is called (I believe) the “Towle Complex Redevelopment Overlay District” or TCROD – I’m just going to call it the “Towle Overlay District.”

I believe a formal application for a “Special Permit” needs to be filed in order to be able to apply the “Towle Overlay District.”

And when I wrote the post, it was my understanding that no formal application had yet been made.

The Towle Overlay District was created to help create the best possible project for the City of Newburyport. However, if the property was sold, the new buyer could build within the existing zoning laws, “by-right” and not use the Towle Overlay District at all. Hopefully that is never going to happen.

I very much hope that I got this clarification right.

Mary Eaton, Newburyport

(Editor’s note: To make it easier to find the Newburyport Political Blog I have created a web address that will forward you to the main page of the blog. Hopefully it will be easy to remember. It is www.newburyportblog.com. I’ve also put the link at the side of the blog. More on this in a later post.)

Special Permits, Newburyport and the Infill Ordinance

There appears to be some confusion about my recent post on “Special Permits.” It is my understanding that some people might feel that I could have been implying that anyone could be granted a Special Permit by the Newburyport Planning Board, no problemo…

Well, that’s not what I was trying to say at all, so let me try and clarify here.

What I had in the back of my mind was the revision of the zoning ordinance that I keep calling the “Infill Ordinance,” that the Newburyport Planning Board is hoping to reintroduce to residents and the Newburyport City Council.

When it was introduce the last time it was not passed by the Newburyport City Council. I am very much in favor of this new revision or the “Infill Ordinance” and I would like to see it get passed by the Newburyport City Council this time around.

Last time, the revision to the ordinance concerned two family houses. Each side was allowed a 550 square foot addition before requiring a special permit.

As I understood it, this was to insure that developers didn’t take advantage of two family homes by building a large addition that was out of scale with the existing home and the neighborhood at large. The project on Water Street is an excellent example.

It was not meant to discourage your average homeowner from a reasonable addition or alteration.

However, I think that a lot of people understood the new amendment to the zoning law to mean that if you wanted to have an addition or alteration that was more than 550 square feet, you were not allowed to do so.

What I was trying to explain in the recent post was that for the average homeowner, who owned a two family house and wanted to build something larger than 550 square feet, that they could still do that. That going in front of the Newburyport Planning Board and discussing a special permit should not discourage people from going ahead with their plans. That the Newburyport Planning Board was very reasonable when it came to reasonable requests and there was no reason for your average resident to be intimidated.

And it is my opinion that he Newburyport Planning Board does not give every developer the “go ahead,” no questions asked — quite to the contrary. I feel that the Newburyport Planning Board is very conscientious when it comes to development in Newburyport, Massachusetts. After all it is the Newburyport Planning Board that has and is still trying to change the existing zoning laws to try and prevent inappropriate development in Newburyport from happening.

Mary Eaton, Newburyport

Newburyport, Massachusetts, Agendas and Minutes

I would like to thank the mystery person who puts the Agendas and Minutes (especially the Agendas and Minutes of the Newburyport Planning Board, the Newburyport Zoning Board of Appeals (ZBA) too) on the website of the City of Newburyport.

And also a big thank you to those people who make sure this wonderful mystery person gets those minutes and agendas.

It makes for a transparent process and an informed public (that is if they want to be informed.)

You can find the Minutes and Agendas by going to the website of the City of Newburyport (that link is on the side of the Newburyport Political Blog.) On the sidebar to the left on the City’s website press “Boards & Comm’s.” There is a a link that says “Newburyport Planning Board Meeting Minutes, Agendas & Public Hearing Notices.” Press on that link.

Then there will be folders for “Agendas,” “Minutes” and one for “Public Hearings.” Press the folder you are interested in. The Minutes or Agendas are listed by years. Press the year that you want. Then there will then be a list of documents. And press the document that you would like to see.

It is a wonderful way to be informed about what happened at a meeting if you are unable to be at the meeting itself.

My understanding is every attempt is made to put up the Agendas before the meetings take place. So, it is also a great way to find out what will be taking place at a Newburyport Planning Board meeting (or a ZBA meeting for that matter.) Especially if there is something that either might pertain to you personally or something that you may be concerned about.

Mary Eaton, Newburyport

Newburyport, Special Permits

One of the things I like about blogging the Newburyport Political Blog is that I get to learn about a whole lot of stuff. Take this Special Permit thing. (See all sorts of earlier posts on “Special Permits.”) Who would have ever guessed that I would care about, much less be interested in a Special Permit? Come on, who cares? Special Permits?

Well, now I actually care about Special Permits of all things. Who knew?

Frankly, I thought if you wanted to build something and had to get a “Special Permit,” well, that was the “kiss of death.” Why bother even trying? Why bother going in front of all those scary boards and stuff. Why not just skip the whole thing?

What I’ve learned is those “boards” aren’t actually so scary. The Newburyport Planning Board (that’s where you go and get that Special Permit) isn’t made up of a bunch of zealots who will tear your head off if you go in front of them. No, the Newburyport Planning Board is made up of some very thoughtful, fair human beings (I might even go as far as saying as some of them might just be downright kind.) They are just regular folks who give an incredible amount of time and energy to the community and are not power hungry, control freaks.

Three of the members of the Newburyport Planning Board have actually sent in posts to the Newburyport Political Blog. And if you use the search box on the side of the blog, you can find them. (Put in “Newburyport Planning Board member.”)

One of the interesting tidbits I’ve learned about a Special Permit is that just because a Special Permit is granted, it doesn’t necessarily mean that it has been used.

Someone might get a Special Permit and then not use it right away. How about that one for weird?

For example, it is my understanding that no application has been formally filed for the Zoning Overlay for the Towle Property (see earlier post.) And this was a major Special Permit. This Special Permit for a Zoning Overlay was so special that it had to be passed by the Newburyport City Council. And they passed it too. Happily, no less.

So, this could mean that someone else could come in and buy that property and not use that Special Permit for the Towle Zoning Overlay at all.

Wow. I thought that one was really interesting.

Mary Eaton, Newburyport

Questioning the Advantage for Positive Infill for Newburyport, Massachusetts

I’m trying to come to terms with the fact that there could be an advantage for Newburyport, Massachusetts for the idea of “positive infill” as it has been defined in an earlier post. And in particular “increasing the number of units,” especially within Newburyport’s Historic District.

As I am beginning to understand it, infill can be an antidote to “urban sprawl.”

But, in Newburyport we now have the Open Space Residential Development Ordinance (OSRD), the purpose of which is to prevent “urban sprawl” or to quote the Ordinance itself:

“A technique to build residential subdivisions that maximizes the amount of preserved open space and protects local resources while not reducing the number of units built compared to a conventional sub-division.”

(The link to the entire ordinance is under “Helpful Links” at the side of the Newburyport Political Blog.)

I looked up the “Zoning Ordinance of the City of Newburyport” and under the purpose of the Ordinance it lists (among other things) the following:

* “To conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses.”

* “To lessen congestion in the streets.”

* “To prevent overcrowding of land and to avoid undue concentration of population by regulating the height, number of stories and size of buildings and other structures, the percentage of the area of the lot that may be occupied, the size of the yards, courts, and other open spaces.”

* “To control the density of population by regulating the location and use of buildings, structures and land for trade, industry, residence or other purposes; and the height, size and location of these uses within the limits of the City of Newburyport.”

So it would seem to me that “positive infill” in Newburyport’s Historic District would go against the intent the Zoning Ordinance itself, not by “regulating the height, number of stories and size of building,” but by incrementally increasing an unduly amount of units that in that particular area because:

* It adds to congestion in the streets.

* It creates overcrowding of land.

* It increases the density of population.

* And it could decrease the value of the property within Newburyport’s Historic District and therefore Newburyport as a whole. (For example, if we start destroying High Street with infill in back or in front of those stately mansions, everybody’s property value would decrease, because Newburyport’s historic gateway, a key to its economic value, would at the very least be compromised, if not destroyed.)

And I would also add that “increasing the number of units” would seem to burden existing City services – schools, water and sewer, wear and tear on existing roadways.

And in regard to affordable housing, smaller lot size in this case would not “be reflected in lower costs.” Lots within Newburyport’s Historic District are extremely expensive, making the creation of affordable housing much more difficult in this particular area.

So while I can see where reasons for “positive infill” might apply to other municipalities, especially municipalities whose more urban areas are underutilized, I have a real problem with successfully applying this criteria to Newburyport’s Historic District in particular.

For me this would not be an example of “smart growth,” in fact for me it would be the very antithesis of “smart growth,” because this is an area in my mind that is beyond “dense,” this is an area that is on the verge of a “saturation point.”

Mary Eaton, Newburyport

The Trigger Point for the “Infill Ordinance”

Ok, here’s how I am understanding things.

A “Special Permit” is supposed to benefit the neighbors and residents in general in Newburyport, Massachusetts. (See earlier post on Special Permits.)

And a Special Permit, as I understand it, means that an applicant comes in front of the Newburyport Planning Board to make sure that the project doesn’t “mess up” the City.

So, for this new revisiting of what I am calling the “Infill Ordinance” (the revision of section IXb of the zoning code) wouldn’t it be better to have an early rather than later “trigger point” where people come in for that initial “informal chat” with the Newburyport Planning Board to “test the waters” and make sure everything is A-Ok, as a way of protecting our historic municipality?

That would not preclude a project from taking place and having a “formal” application happen. It would just insure a layer of protection for the historic and intrinsic value of the City of Newburyport in general. To make sure that the project is “compatible in mass, scale or character with the surrounding neighborhood” (from earlier post on Definition of Infill.)

If the proposed application was just fine, then I am supposing that a Special Permit would then be formally granted in a timely manner. If the application was questionable, then the Newburyport Planning Board and the abutters and neighbors could have a discussion on what would be acceptable and appropriate for them and for the City of Newburyport in general.

Mary Eaton, Newburyport

Newburyport, In-fill, Special Permits and Amendments to Section IXb of the Zoning Code

Hi Mary,

Thank you for the discussion you are having regarding “in-fill” in Newburyport. The thoughts and ideas about this issue, as perceived from all sides, are interesting and are an important debate that is crucial to the future character of the city.

I would urge your readership to attend the upcoming Planning Board and City Council meetings and public hearings that are discussing amendments to Section IXb of the city zoning code. During these public deliberations, at which time the public has every opportunity to participate in the process, crucial elements to that section of code will be adjusted in ways that directly relate to the “in-fill” concerns that are addressed in some of your articles.

If I may, I would like to make one point about Special Permits (SP). While the definitions you have astutely researched are a great basis for the understanding of what a SP is, we can more directly look at our own Newburyport Zoning Code which establishes the criteria that must be met in order for a SP to be approved by either the Planning Board or the Zoning Board of Appeals, (depending on what the SP application is requesting determines who the SP application is heard by). These criteria are well defined within our zoning code and map out exactly what the Special Permit Granting Authorities, (SPGA), must base their decisions on.

Just a quick clarification. In your latest posting the statement is made that, “…a SP is an opportunity to come and chat informally with the Planning Board about making a project more beneficial…”

Actually, the SP process is the FORMAL process through which an applicant comes before the Board and the public to gain a SP for their project, whatever it might be. During this formal process the public has the opportunity to discuss their concerns at length and to hear the deliberations of the Board in direct relation to the submitted application. The “informal” or pre-application process is just what its name denotes. It’s a prospective applicant’s “testing the waters”, if you will, with his/her ideas for a project.

At that time the applicant usually has preliminary plans and is trying to gain very early input from the Board as to whether they should take the next steps, which involve both money and time, in the design phases of their projects. The Planning Board does usually hear public input during these informal discussions and so your point is well taken that these are very important arenas in which the neighbors and others can express their thoughts. The SP process itself however, is a very formal process once an application has been accepted by a Board.

Again, thank you for raising these points and concerns with process and the general future of the city. These are important discussions and I enjoy reading comments from all sides on these issues.

Sincerely,
John Skibbee
(Planning Board member)

(Editor’s note: The formal name, “Section IXb of the city zoning code” is what I have been referring to informally in various posts as the “infill ordinance.” And a very big thank you to John Skibbee of the Newburyport Planning Board.)

Newburyport, Massachusetts, Special Permits

From the emails I’ve gotten, the post on the “positive” aspects of infill has really, really upset a whole lot of folks (including me.) Since I had a “heads-up” on this post, I did some research on “Special Permits” which made me feel a whole lot better. I was going to post it tomorrow, but since there seems to be so much distress out there in web-land, I thought it might be a good idea to post it today. So here it is.

================

This is a learning curve on my part. I have been very unclear on exactly what a “Special Permit” issued by the Planning Board might be.

I found the “Universal Glossary Of Land Use Terms And Phrases” by the Land Use Law Center at Pace University School Of Law. That web link is:

http://www.nymir.org/zoning/Glossary.html.

You can also find the “Glossary of Land Use Terms” under “Helpful Links” at the side of the main page of the Newburyport Political Blog.

I figured that the Law Center at Pace University School of Law would probably know what they were talking about. At the very least, give me some guidance about planning and development stuff, including what a “Special Permit” would be.

This what the website has to say:

“Special Use Permit: Special uses are allowed in zoning districts, but only upon the issuance of a special use permit subject to conditions designed to protect surrounding properties and the neighborhood from any possible negative impacts of the permitted use. Also called conditional use permit, special exception permit, and special permit.”

I did check with a member of the Newburyport Planning Board who confirmed that Special Permits are to benefit the abutters and the neighbors.

I think this is a good thing. In fact I think this is a great thing. And now I understand that when people say that “6-C” is a good thing, what they are talking about a “Special Permit.”

So therefore, a Special Permit to build in front of an extremely historic home like 347 High Street, for example, would not benefit either the abutters or the neighbors or even the City of Newburyport as a whole.

So a special permit is an opportunity to come and chat informally with the Newburport Planning Board about making a project more beneficial to the neighbors and to the residents of the City of Newburyport than it would be under the existing zoning laws.

And if a Special Permit is granted, as I understand it, then the applicant does not have to come in front of the Newburyport Zoning Board of Appeals (ZBA) for a variance, if that would have been a necessary step. (“Variance: This is a form of administrative relief that allows property to be used in a way that does not comply with the literal requirements of the zoning ordinance.”…. Pace University School Of Law again.)

So this helps me to understand the planning and development stuff a little bit better.

Mary Eaton, Newburyport

Newburyport, A Response to the Idea of Positive Infill

After reading today’s post about the positive benefits of infill I felt compelled to dispute a few of the claims:

1. “When it preserves open space by diverting new construction to small city lots, rather than on unused “suburban” land.”

This sounds great, but the problem people have with this is that it isn’t one home that is being diverted to a smaller city lot, it’s either multiple units or multiple buildings.

2. “In already dense neighborhoods where the new structure fits in with the character of the neighborhood in terms of building separation and mass.”

The key to this statement is “already dense neighborhoods”. By shoehorning in more houses in neighborhoods that are already packed, it harms the neighborhood and the city in general. It increases the parking and traffic problems, and begins to erode whatever buffers neighbors have between them, such as backyards.

3. “When it increases the value of the land to the city or the owner by increasing the number of units on it while still fitting into the character and look of the neighborhood.”

Increasing the value of land to the city and increasing the amount of money that goes into the pocket of the owner by allowing a number of units to be built where there was previously only one is not a positive. First, whatever increased income the city may get is already spent on new services for the new homes and residents (schools, water, trash, etc. etc.) That has been the philosophy of Newburyport for years now, promises of new developments that will bring more money to the city. The reality is that taxes continue to go up, services continue to go down, and development is running wild all over the city. Clearly this doesn’t work. As for the owner, everyone is entitled to make money, and you can’t fault them for that, however, that doesn’t mean it is good for the city to allow an owner to convert a single family home into a huge mess of condo’s or what have you. In regards to the “Character of the neighborhood”, please, take a look at the huge monstrosities on Plummer Avenue, the new plans for High Street, or any of the other major infill projects around town. They don’t fit, they stick out. The true value to this city was it’s small town feel, its character and beauty, all of which are slowly destroyed with each new infill project.

4. “When it permits the building of affordable housing because smaller lot size might be reflected in lower costs.”

Smaller lot size is not reflected with lower costs. A look at any of the infill projects will show you that the prices of those new homes aren’t significantly cheaper than any other existing house for sale. They may be made into condos, however, the price still isn’t really any lower than any other condo in town. These infill projects aren’t affordable housing, unless they are sold at a price that people can afford, not a price that is slightly lower than market value. Infill isn’t going to solve this city’s affordable housing problems unless you force the developers to sell the homes at affordable prices, but no developer is going to sell at those prices unless they can make it up by selling more units at market value. So rather than creating a solution, it creates a problem, and the city will never reach its percentage goal for affordable housing if we trade one affordable unit for a dozen at market price. Claiming that the smaller lot size is going to result in a cheaper home is simply not true and everyone in Newburyport knows that.

Benjamin Laing, Newburyport

Newburyport, Infill, Definition and Positive Impact

Infill is the concept of utilizing for building or similar development purposes, those lots and small parcels of land within the developed areas of the City and surrounded by older neighborhood growth.

In-fill is the development of small open spaces in a manner that is compatible in mass, scale or character with the surrounding neighborhood.

In all instances, infill addresses those lots that already have sufficient City services immediately available to them.

Infill is “positive”:

1) When it preserves open space by diverting new construction to small city lots, rather than on unused “suburban” land.

2) In already dense neighborhoods where the new structure fits in with the character of the neighborhood in terms of building separation and mass.

3) When it increases the value of the land to the city or the owner by increasing the number of units on it while still fitting into the character and look of the neighborhood.

4) When it permits the building of affordable housing because smaller lot size might be reflected in lower costs.

Sue Grolnic, Bonnie Sontag
Newburyport Planning Board

Posted Position for Planning Director, Newburyport, Massachusetts

Many of us have been wondering what Mayor John Moak has in mind for the new Planning Director of Newburyport, Massachusetts, myself very much included.

The job has been posted on the City’s website. The position will close July 10, 2006.

I actually found the posted position kind of reassuring.

In this post on the Newburyport Political Blog, I have put a few of what I would consider interesting parts of the entire job posting for the next Newburyport Planning Director.

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A description of the position includes:

“Duties include preparing long-range conservation and development plan; drafting ordinances; coordinating work with the Mayor and other City departments; conducting research; writing grant applications; advising boards, commissions, committees and elected officials.”

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Under Essential Duties and Responsibilities it says:

“Coordinates amendments to the Master Plan, Zoning Ordinance, Waterfront Strategic Plan, Strategic Land Use Plan, Zoning and Subdivisions Regulations and Zoning Map.

Advises the Mayor, City Council, Planning Board, Zoning Board, staff members and other commissions and committees on land use and planning matters.

Provides information and guidance to the public, regarding pending development projects and property owners interested in developing their land; meets with developers and their representatives to discuss regulatory requirements; ensures that land use factors associated with a potential project are analyzed by a developer at an early stage before major commitments are made.

Works with Federal, State and local agencies to facilitate the development of affordable housing within the City.”

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And under “Knowledge, Skills and Abilities,” there is this:

“Ability to establish and maintain effective working relationships with City officials, contractors, architects, land developers, associates and the general public.”

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I was particularly heartened by “preparing long-range conservation and development plan; drafting ordinances;”… “Coordinates amendments to the Master Plan, Zoning Ordinance, Waterfront Strategic Plan, Strategic Land Use Plan, Zoning and Subdivisions Regulations and Zoning Map” … “Provides information and guidance to the public, regarding pending development projects…”

And it seems to me that Mayor John Moak is interested in a certain managerial style… “Ability to establish and maintain effective working relationships with City officials, contractors, architects, land developers, associates and the general public.”

(If you would like to see the entire posted position see sidebar on the main page of the Newburyport Political Blog for the link to the City of Newburyport’s website. Go to “employment” on the sidebar on the left of that website, press that link and a list of positions will appear. Press “Planning Director.”)

Mary Eaton, Newburyport

Newburyport, A Clarification on the “Infill Ordinance”

Mary,

I would like to correct one comment you made in the June 11 posting titled “Newburyport, The Infill Ordinance”. You stated:
“The revision would have limited how big an addition one could make to a two family home.” The rest of your sentence should have read “without applying to the Planning Board for a Special Permit.”

The Planning Board does not want to restrict unconditionally property owners’ rights to build extensions to their homes. The Planning Board wants to ensure that extensions beyond a certain size get discussed and approved in a public forum, which the Special Permit process provides. Part of the challenge in crafting the amendment to this IX-B zoning ordinance is determining what’s the appropriate number, percentage or ratio to use to trigger an application to the Planning Board.

I want to say one more time: it is not the intent of the Planning Board to arbitrarily or unconditionally limit extensions and additions to residential structures or uses. It’s fine to refer to the IX-B zoning ordinance as the “infill ordinance”. I also hope that residents will learn more about the positive aspects of “infill” so that they can make informed decisions about what they want for our neighborhoods and community…but as you often state yourself Mary, that’s the topic of another posting!

Thank you,
Bonnie Sontag
Newburyport Planning Board member

(Editor’s note: A very big “thank you” to Bonnie Sontag of the Newburyport Planning Board.)

Newburyport, the Infill Ordinance

Infill in Newburyport, Massachusetts is becoming a very hot topic again, as I think it should.

Last year the Newburyport Planning Board brought a zoning ordinance that addressed the issue of “infill” before the Newburyport City Council.

It was actually a revision of an existing zoning law. It was directed specifically at deeded 2 family houses. The revision would have limited how big an addition one could make to a two family home. The idea was to prevent large mega additions that developers in particular and some homeowners take advantage of.

The Newburyport City Council did not pass that zoning amendment.

It is my understanding that the Newburyport Planning Board is preparing another version of this revised zoning law to present to the Newburyport City Council again, possibly as early as this summer.

I would hope that this time around the Newburyport City Council would pass what I am going to call the “Infill Ordinance.”

I would urge everyone who wants to see this zoning amendment come to pass to:

A) Talk to each of the Newburyport City Councilors and see if they have any objections and if they do, find out what they are. I am sure that there are some Newburyport City Councilors that do have objections to the “Infill Ordinance.”

B) Let each of the City Councilors know that you are for the “Infill Ordinance.”

C) Write Letters to the Editor in favor of this zoning change that would help control “infill.” Send them to the Newburyport Daily News, the Newburyport Current and the Undertoad.

D) Send in postings here, to the Newburyport Political Blog.

I believe the argument against the “Infill Ordinance” was that it impinged on people’s property rights. And it unfairly targeted a small segment of the population—owners of two family homes.

The last revision allowed for an extension of 550 square feet for each unit.

I imagine that there would be strong lobbying efforts against the passage of this ordinance by developers in particular. Developers have built huge additions that often dwarf the original property and are often out of scale with the surrounding neighborhood.

We as residents of this city can help preserve the character of Newburyport Massachusetts. The passage of this ‘infill ordinance” is one way to help accomplish that goal.

Mary Eaton, Newburyport

Available Maps on the Web for Newburyport

I am fascinated by the maps that are available on the Web.

I learned a tremendous amount by looking at the wetlands map from Marlene Schroeder in yesterday’s post.

I also continue to be intrigued by the City of Newburyport’s GIS map, http://gis.nbpt.us (see earlier post.)

You can drag your mouse and make a square around the area of Newburyport that you would like to see and then it zooms and makes a close-up.

Or you can put in the number and street name and get the property.

For example if you put 325 High, you can see the property that Jim Mellett of Marlin Properties bought. To be fair to everyone, the house that is proposed to be demolished is a 1978 ranch, not exactly an historic dwelling. But, you can see on the map that without that piece of property there would be no way Mr. Mellett could ever have done the infill project he is now proposing. (See the Undertoad Blog for details.)

If you put in 75 High, you can see the Wheelwright property. You can get a sense of how large a parcel of land it is. The lot extends all the way back to Greenleaf Street (which becomes Brown Street) and the cemetery.

(Again, I have no idea what is happening to that property, but from the map, one can imagine that developers could do all sorts of things, unfortunately. You can also get a sense of how much land there still is behind the “Ridge,” the area on the upper side of High Street from State Street to about Lime Street. Not to mention in front of the Ridge!)

There are also other kinds of maps online. The links are at:
http://www.mass.gov/mgis/mapping.htm

There are maps for:

Open Space
Wetlands
Priority and Estimated Habitats-Endangered Species
Biodiversity Days Maps
Areas of Critical Environmental Concern
Community Preservation Viewer
An aerial map in color
An aerial map in black and white

At the bottom there is a link that says “MassGIS recommends these other online mapping sites!” And there are some very interesting maps on there too.

Mary Eaton, Newburyport

Newburyport, What We Can Do About In-fill

You asked what can be done to protect neighborhoods from over development and projects out of scale and character with the existing neighborhood? Well, first a foremost we need to amend the current zoning laws.

During the 1970’s when the City adopted residential zoning, it made all the old city multi- family. To the west of High Street was zoned two family (R2) and to the east of High Street was zoned three or more family (R3). This blanket zoning is at the root of all the in-fill projects we’re seeing. It actually encourages and makes it very easy for developers to fill in our neighborhoods.

During 2005 the Planning Board began to write amendments to the existing zoning laws. All zoning amendments must conform to MA State Statutes and they must be approved by a two third majority of the City Council.

The City Council passed an amendment (6-C) to the R2 and R3 zoning laws, which requires “site plan review” of any proposed in-fill project intended for the front, back or side yard of an existing house. Site plan review includes a public hearing before the Planning Board where the public can participate.

Unfortunately, the City Council blocked a similar and very important amendment to part of the R3 zoning laws.

This specific amendment is called IXB-3. It addresses half houses or two family houses built on non-conforming lots. A non-conforming lot is either too small overall, or has insufficient frontage, and therefore does not fit into the City’s zoning code.

R3 half houses built on non-conforming lots are popular with developers because these houses are unregulated. The result has been that huge additions have been built onto such homes, additions that dwarf the other independently owned half-house, and appear totally out of scale with the surrounding neighborhood. An example of such a huge IXB-3 addition is near the foot of Forester Street.

The Planning Board is presently writing a new IXB-3 that will limit the size of such additions unless a special permit is granted. A special permit is given, or not given, after a public hearing process, during which neighbors have the opportunity to question, comment or object. Presently a neighbor of a IXB-3 house has no right to protest any huge addition or even to know it will be built before it is already under construction.

So in response to your question “What now?” We would encourage people to contact members of the Newburyport City Council. Let them know that you would like them to encourage, support and vote in favor of the IXB-3 zoning amendment.

Nick Cracknell championed this amendment in 2005. In his absence let’s see what we can do to get IXB-3 approved – this time around.

Mary Haslinger, Newburyport
Allyson Lawless, Newburyport