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- Propose Amendment in section 55.01 delete d.2 and in section
55.02
delete f
- Thank Steve Magoon, Gerry Mee and his staff, Councilors
Falkoff and
Piccirilli considerable time and effort putting this proposal
together
- Generally agree with and support the ordinance establishing a
street
classification, standardizing materials for construction of
curbs and
sidewalks, the general emphasis on encouraging the upgrade of
our
curbs and sidewalks
- I cannot support however the provision that would require the
owners
of new construction projects to install and pay for these
improvements
to public property
- While Im not questioning the validity of the legal opinion
provided by
the town attorney I do disagree with the conclusion and I
seriously
question whether it would hold up to a court challenge but thats
not
the main point Id like to make
- If however we in fact do have the authority to order
private
individuals to improve the public way at their own expense, and
we
really are serious about upgrading our curbs and sidewalks why
stop
at new construction. Lets just proclaim that any individual
seeking anybuilding permit, or an occupancy permit or a license for
whatever, first
must replace their curbs and sidewalks. Or if we want to be
more
arbitrary about it we could say just people with white houses
have to do
it. Or if we want to be more equitable as well as achieve our
goal faster,
we could simply require everyone in town to do it. It seems to
me the
same legal argument would pertain to each of these
scenarios.
- Obviously we wouldnt do any of those things because it wouldnt
be
politically palatable and wed have an uprising on our hands. In
fact,
this council has never had the nerve to require property owners
toshovel the snow off their sidewalks, much less construct new
ones.
- Whats being proposed here is that we single out a small group
of
property owners and require that they improve the public way.
The
reason as far as I can tell is simply that we feel we can get
away with
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it. I dont think doing something just because you can get away
with it,
is a good reason to do it.
- Let me be clear that Im not talking about large-scale
development
projects involving the planning and zoning boards and the
development
of conditions that are publicly discussed and agreed to. And Im
not
talking about contractors repairing any disturbance theyve made
to the
public ways. And I acknowledge that most builders or developers
will
voluntarily install new curbs and sidewalks simply because it
enhances
the property but, this should be at the owners discretion.
- The main point, I believe, is that this provision represents
bad policy
and I offer the following reasons.
1. - Im opposed to the principal of mandating that a
privateindividual improve the public way
2. - This policy is completely arbitrary and unfair singling out
a
small group of people
3. - The policy is anti-development
- Rather than dictating new obstacles I believe we should
be encouraging new economic activity, upgrading our housing
stock,
investing in our community and enhancing the tax base
4. - Ive been involved in numerous new construction projects
in
surrounding communities including Boston, Cambridge,
Wellesley,
Beverly Farms, and Marshfield and Ive never encountered this
type
of requirement
5. Finally lets look at the example of 30 Westland Rd. A
young
couple bought the property which was a modest bungalow, had
never
been updated and was in significant disrepair. They decided
to
demolish the house and construct a new one also of modest size.
Being a
corner lot, with approximately 150 ft. of frontage, new curbs
and
sidewalks and planting strips were estimated at approximately
$15,000.
Many people would abandon such a project if faced with this
considerable additional expense.
I ask you how does the town benefit from discouraging this type
of
investment? I urge you to support this amendment and remove
this
provision from the proposed ordinance. Thank you.
