Category Archives: Zoning

Newburyport’s Proposed 40R and Highway Engineers

trafficLights

What highway engineers might propose for the traffic circle

This is one of the things that concerns me about the proposed 40R Smart Growth District around the traffic circle. Eventually the traffic circle will need to be refigured. I can imagine that highway engineers might recommend something like the drawing above. A light with turning lanes where Route 1 and State Street meet, and a light and turning lanes at State Street and Parker Street. No one would want this (I don’t think).

Existing traffic circle in the proposed 40R District, no guidelines for future development

Existing traffic circle in the proposed 40R District, no guidelines for future development

But, at the moment, in the present draft of the ordinance, there is no mention of what should happen to that very crucial area down the line. Who knows when that might happen, 2, 5, 20 years from now?  And who knows who will be mayor or who the planning director might be, or even if a project of this magnitude could span several administrations and planning directors.

Newburyport-40R-Smart-Growth-Village-District-Map-1-20-2015

Map of the proposed 40R distrist

It would depend who was in office, if they had the vision and the moxie (courage and determination) to negotiate with MassDOT (been there, seen the best and seen the worst).

So I think it would be a good idea to have some guidelines. I think that is fair.

Newburyport’s 40R District around the Train Station

Newburyport is beginning the process of thinking about rezoning the area around the train station, so that there can be a mix of residential units and businesses. This is called a 40R Smart Growth District. This is nothing new, the city has been talking about this since 2004.

“Chapter 40R, encourages communities to create dense residential or mixed-use smart growth zoning districts, including a high percentage of affordable housing units, to be located near transit stations, in areas of concentrated development such as existing city and town centers, and in other highly suitable locations.”

Here is a 2015 map of the proposed 40R District. It includes the area around Lunt and Kelly, where Dunkin’ Donuts is around the traffic circle, it goes up Rt 1 by Haley’s Ice Cream and includes the proposed building by Minco at the train station.

Newburyport-40R-Smart-Growth-Village-District-Map-12-11-2014-small

The 2015 map of the proposed 40R District (press image to enlarge)

Here are the 2 conceptual drawing that were done in 2004 by the Planning Office. The view is from Parker Street coming from Newbury. The first rendering is the way it looks now, the second rendering, done in 2004 (we don’t have an update yet) is what the proposed 40R District might look like. It’s a little confusing, but if you download the two renderings and put them side by side it becomes a little clearer.

Strategic Land Use Plan-small

The 2004 rendering of how the area looks now (press image to enlarge)

Strategic Land Use Plan2-small

The 2004 rendering of what the 40R District could look like (press image to enlarge).

At the moment there is a certain “rush” to get this 40R District going, because Minco would like to build at the train station (this is nothing new, it has been going on for a while) and has a deadline (which may or may not be flexible). And the city gets money for a 40R District (we always need money).

BUT, I think that it is very important to ask hard questions during this process, and be sure to think things through.

So here are a few of my “hard” questions and concerns and reservations.

1) The Minco design at the train station has to look great. At the moment I haven’t talked to anyone who thinks that it is in anyway acceptable.

2) There needs to be a “design review” for that area. This gateway to the city can’t look awful.

3) Traffic. The maximum buildout, when last I heard was 800 units. Folks that I’ve talked to think that it would be a lot less, more like 500 units. We don’t know the exact numbers yet, but even 400-500 units is a lot.

The 2004 rendering of what the area would look like, seems idyllic to me. There are no cars. If that area were to be built out, at rush hour it would be a complete nightmare.

4) Pedestrian traffic. Even with the rail trail, there is no way to safely and or practically cross either the traffic circle or Route 1 to get downtown, even at the crossing at Rt1 at what is called “Back Bay.” People want to get from the area on foot and they want, and do try to get to State Street, which is insanely dangerous. I think at one point there was an idea for a pedestrian bridge, but, oh my, that would cost so much money.

5) I still can’t envision anyone wanting to live up along Rt1, even with the rail trail there. The view is butt ugly, with Rt1 on onside and a view of the Industrial Park on the other.

6) I also can’t imagine anyone wanting to live around the traffic circle, especially where Dunkin’ Donuts is located. The view towards Newbury as it is now, is lovely. However, I would think living next to a dangerous traffic circle would be unappealing, and figuring out a way to walk from there, much less having a denser number of people trying to exit at that location by car, raises the question of safety to me.

7) The area on State Street.  The intersection where the Court House, Parker Street, State Street and the Traffic Circle intersect is wicked dangerous. I’ve seen really bad accidents there. If that area becomes densely populated, that intersection becomes even more dangerous. And I don’t like the prospect of getting MassDOT involved–Salisbury Square is a cautionary tale for everyone, of what never to do, and of how MassDOT can really mess up an area.

So, I totally get building at the train station if it is done well. And I have a lot of questions about building in the other proposed areas. And I hope, that through this process we don’t ram this through because of Minco’s deadline, and the fact that we would like the money from the state.

Newburyport Tells its Own Past

Photo courtesy of the Archival Center at The Newburyport Public Library

Market Square, Photo courtesy of the Archival Center at The Newburyport Public Library

This is one of my favorite quotes. And I love this photo of Market Square, which is courtesy of the Archival Center at the Newburyport Public Library.

“There can be no significance without memory…And if memory is necessary for significance, it is also necessary for both meaning and value. Without memory nothing has significance, nothing has meaning, nothing has value…

The city tells it own past, transfers its own memory…and it is memory that makes places significant.”

Donovan D. Rypkema, writing about the historic buildings in Newburyport, Massachusett

Perspective from Newburyport City Councilor Meghan Kinsey

I really appreciate the perspective from Newburyport City Councilor Meghan Kinsey that was expressed in an email to her constituents.

“I would fully agree with Councillor Cameron’s assertion that the Council (10 of the 11 were present) did not “balk”. Quite the contrary. We were intrigued and impressed by Councillor Eigerman’s ability of to remove much of what made the previous LHD proposals so unattractive to many and start new with a zoning change.”  …and “Let me start by saying that this community is quite fortunate to have Councillor Eigerman, and all the expertise he brings, on our council. As a land use attorney who is trained in city planning, we got a lot of “bang for our buck” in him.”  Councilor Kinsey points out that the three proposed ordinances “are heavy with legal-speak and we, as a council, are still trying to get our heads around them.”

Councilor Kinsey’s entire email can be read here.

The Jackals are Out – Newburyport Zoning

It didn’t take long. And yes, they are back.  The Say No to LHD Jackals are back.  Lyndi Lanphear, who got soundly defeated in November’s election for Newburyport City Council at Large, coming in second to last, is out with a Letter to the Editor in today’s Newburyport Daily News, that once again twists the facts, misrepresents the facts, and tries to scare the wits out of people by telling them stuff that is blatantly not true.

And Larry Cavalieri is in the cheering commenting section of the Newburyport Daily News, with comments that one can only think are meant to not only twist the facts, but intimidate people into not speaking up as well. “Vicious” and “foul,” are words, in my mind, that are not meant to be an “opinion,” but words that are meant to be invective.

And The Newburyport Daily News, btw, all sorts of anonymous commentators are also back.  Might want to clear that one up.

I can only hope that this Newburyport City Council can stay above the screaming fray, and come up with a good and equitable decision on Newburyport City Councilor Jared Eigerman’s three detailed and thoughtful zoning proposals.

And if you would like the correct information please press here.

Update:  Lyndi Lanphear has organized a meeting this Saturday to try and stop the zoning proposals from ever happening. Newburyport City Councilor Jared Eigerman has offered to explain to the people at that meeting what the zoning amendments are actually about, and what they hope to accomplish (zoning is complicated).  It is my understanding that Mrs. Lanphear has not taken Councilor Eigerman up on his charitable offer. It is my opinion that Lyndi Lanphear would rather confuse, obfuscate and frighten people with fictitious statements, than acknowledge the facts, and make constructive and helpful observations, the way Dick Hordon, the chair of the Say No to LHD group, who Councilor Eigerman sat down with, already has.

Zoning Overlay NOT a Local Historic District (LHD)

Unfortunately the Newburyport Daily News has repeatedly reported that a Local Historic District (LHD) is being proposed.  This is NOT the case, there is NO LHD period.  I am extremely disappointed in our paper of record.  I feel that it is the paper’s responsibility to inform and educate people, not to scare them. To me saying that this proposal is a LHD is like shouting “Fire” in a crowded room, when there is no fire, for me this is unfortunate and irresponsible journalism.  I expect more from the Newburyport Daily News.

Newburyport City Councilor Ed Cameron has clarified what is being proposed in the comment section of the latest Newburyport Daily News article on the subject.  Here it is:

Several clarifications to this reporting are necessary:

First of all this is not a single proposal by Councillor (Jared) Eigerman. He has submitted three separate zoning ordinance changes. Although they can be seen as related, they are each separate.

The three are:

1) a proposal establishing an Interim Downtown Overlay District is zoning that would preserve our historic downtown. Currently there are zero protections since the deed restrictions related to the HUD rehab of downtown which were in effect from 1971-2005 have lapsed. The Planning Board which oversees downtown site plan review would be the Special Permit Granting Authority.

Please note that Councillor Eigerman’s submitted change for downtown zoning is not a local historic district. A local historic district is created under Massachusetts Gen. Laws Chapter 40 C. What is proposed is a zoning change, not a local historic district, and is covered by Massachusetts Gen. Laws Chapter 40A. In this proposal, the local Historic Commission is not involved.

2) a proposal establishing an Interim Demolition Control Overlay District is zoning which would establish protections regarding teardowns in the Federal Newburyport Historic District established in 1984. The ZBA would be the Special Permit Granting Authority in these cases.

3 ) a proposal to amend our off-street parking regulations so that developers who are making a use change or building a new development and want to use public parking to meet their parking requirements will have to pay for it.

Please note that the Council Planning and Development Committee and Committee of the Whole did not “balk” at approving these zoning changes last night. The process is that these zoning changes will go to a Joint Public Hearing of the Planning Board and the Council’s Planning and Development Committee, an opportunity for the public to give input. Any zoning change in Newburyport must go through this process before the City Council takes action. That meeting has been advertised in the Daily News and will occur on Wednesday, February 19 at 7 PM at City Hall.

More details are here:

Councillor Ed Cameron”

Editor’s Note:  This is a comment  from John Macone, the Editor of the Newburyport Daily News, in the comment sections in the latest article in the Newburyport Daily News.  I appreciate it a lot.

” Thank you for your comments. I agree with commenters who have said this is not a true local historic district proposal, as set down in state law. However, it is also clear that these zoning amendments seek to achieve some of the same protections/property restrictions that the LHD contained.

I’ve changed the headline to better reflect the intent of Councilor Eigerman’s proposals. Also, we will be following up shortly with a comprehensive explanation of the similarities and differences between these proposals and the LHD proposal.
John Macone, editor”

The headline was changed to: “Historic Protections Proposed for Downtown.”

New Newburyport City Council Committees

The Newburyport City Council has very important committees where the difficult work of the City Council gets done. The president of the Newburyport City Council appoints the people on the committees.  For 2014 the Newburyport City Council committees are as follows:

Budget and Finance:
Chair-Charles Tontar, Ed Cameron, Robert Cronin

Planning and Development:
Chair-Ed Cameron, Barry Connell, Jared Eigerman

Neighborhoods and City Services:
Chair-Barry Connell, Ari Herzog, Meghan Kinsey

License and Permits:
Chair-Allison Heartquist, Bruce Vogel, Meghan Kinsey

Joint Education:
Chair-Meghan Kinsey, Allison Heartquist, Larry Giunta

Public Utilities:
Chair-Ari Herzog, Jared Eigerman, Bruce Vogel.

Public Safety:
Chair-Robert Cronin, Larry Giunta, Charles Tontar

General Government:
Tom O’Brien, Bruce Vogel, Mayor Donna Holaday

Rules:
Chair-Robert Cronin, Larry Giunta, Tom O’Brien

Newburyport 2013 Election Results

Mayor
Donna Holaday (incumbent)
Richard Sullivan Jr.

Winner:
Donna Holaday

Councilor At-Large
(5 Councilors At-Large)
Laurel Allgrove
Edward Cameron (incumbent)
Barry Connell (incumbent)
Ari Herzog (incumbent)
Meghan Kinsey
Lyndi Lanphear
Bruce Menin
Sheila Mullins
Bruce Vogel

Winners:
Edward Cameron
Barry Connell
Ari Herzog
Meghan Kinsey
Bruce Vogel

Ward 1 Councilor:
Michael Ferrick
Allison Heartquist (incumbent)

Winner:
Allison Heartquist

Ward 2 Councilor:
Jared Eigerman
Christopher Welch

Winner:
Jared Eigerman

Ward 3 Councilor:
Robert Cronin (incumbent)
Leslie Eckholdt

Winner:
Robert Cronin

Ward 4 Councilor:
Tom Jones (incumbent)
Charles Tontar

Winner:
Charles Tontar

Ward 5 Councilor:
Larry Giunta Jr.
Sean Reardon

Winner:
Larry Giunta Jr.

School Committee
(3 School Committee members)
Steven Cole (incumbent)
Daniel Koen (incumbent)
Michael Luekens
Raymond Matthews
Cheryl Sweeney (incumbent)

Winners:
Steven Cole
Michael Luekens
Cheryl Sweeney

Election Results 2013, press image to enlarge

Election Results Mayor and City Council 2013, press image to enlarge

Election results  for Mayor and City Council

Election 2013, School Committee (press image to enlarge)

Election 2013, School Committee (press image to enlarge)

Election results for School Committee

Congratulations to all who ran and to all who won.

Official numbers in for the top 5 Newburyport City Council At Large race (slightly different than last nights numbers, the winners are still the same).

Updated total:

Ed Cameron 2947
Barry Connell 2944
Ari Herzon 2893
Megan Kinsey 2856
Bruce Vogel 2526

Final results for Newburyport City Council At Large (press image to enlarge)

Final results for Newburyport City Council At Large (press image to enlarge)

Final total for Newburyport City Council At Large (last night’s results were “unofficial”).

Where to Vote Tuesday, November 5th 2013

Where to vote

Where to vote

There is  a very cool tool to find out where to vote in Newburyport, this Tuesday, November 5, 2013.

You just enter your street number, the street’s name, and your city or town, or your zip code, and voila, it tells you exactly where to go (it even tells you which ward you are in, and how to get in touch with the City Clerk). It can be found here.

The people of Newburyport will be voting for a Mayor (a 4 year term, not a 2 year term), for 5 Newburyport City Council At-Large candidates, Newburyport City Council candidates in Wards 1, 2, 3, 4 & 5, and 3 Newburyport School Committee members.

Voting hours are 7am to 8pm.

Be sure to vote.

I will most likely go down to City Hall at 8pm, and will post the election results on the Newburyport Blog and the Newburyport Blog’s Facebook page.

Here is a sample ballot for the Newburyport At-Large Candidates.

Newburyport At-Large Ballot

Newburyport At-Large Ballot

Newburyport Election 2013, Mayoral and Council Debates

On Tuesday November 5th, the residents of Newburyport will go to the polls to elect a Mayor (for a 4 year term, not a 2 year term), 5 Newburyport City Councilors At-Large, 5 Ward Councilors and 3 members of the School Committee.

Here are links to the Mayoral Debate between Mayor Donna Holaday and City Councilor Dick Sullivan on October 22, 2013 and the Newburyport City Council At-Large Debate on October 16, 2013.

The Mayoral Debate

The Mayoral Debate

The Mayoral Debate between Mayor Donna Holaday and City Councilor Dick Sullivan on October 22, 2013 can be watched here.

The Newburyport City Council At-Large Debate

The Newburyport City Council At-Large Debate

The Newburyport City Council At-Large Debate on October 16, 2013 can be seen here.

Not Qualified to be Mayor

As I recall, in the 2001 election, people voted for Al Lavender, as a reaction against Mayor Lisa Mead (not a “for” Al Lavender vote). I thought Lisa Mead was an incredibly competent mayor. And I feel that we are still recovering from the consequences of two years of Al Lavender’s tenure in the corner office (we are still cleaning up the landfill, which has caused untold misery–something that came out of Al Lavender’s two year term).

I would like a smart, well educated (more than a high school education), competent person, who can deal with an array of complex issues, in the corner office for the next four years, someone with a lot of executive experience (this is one complicated city to run) (a retired firefighter and a Home Depot greeter does not do it for me).

I think firefighters are incredible people, unbelievably brave, but with a skill set that, in my mind, does not translate into dealing with the incredibly complex issues that the Mayor of Newburyport deals with.

I would surely like to see the electorate vote with their intelligence, instead of reacting emotionally, and to see this not just as a one issue election (i.e. the Waterfront).

And I also think, given his resume, that if Dick Sullivan didn’t have the last name “Sullivan,” no one would take his candidacy seriously for being the CEO of this complicated city.

Newburyport Carpetbaggers, the 95%

Carpetbagger

Carpetbagger

One Newburyport City Councilor (Dick Sullivan) got up in the Newburyport City Council chambers and lamented that all these “newcomers” were coming in and telling the folks who were born and raised here what to do.

Another Newburyport City Councilor (Tom Jones) got up (Thursday night) and said how Newburyport was a working class town, and seemed to intimate that it was still a working class town.  No it’s not. In the year 2012, Newburyport is an upper-middle class city, quickly approaching a upper class enclave – especially when Mr. Karp starts building.

Honey, it ain’t your father’s Newburyport anymore.

If you haven’t noticed the carpetbagger thing has really, really gotten out of hand lately.  You don’t just have the carpetbaggers who came in the first wave, in the mid to late 1970’s and very early 1980’s,  right after Urban Renewal renewed.  There was a wave in the late 1990’s after the MBTA came back to town. Remember that, a big housing spike when a lot of the old timers cashed in.  I remember folks saying  that it was a joke that anyone would want to live in Newburyport’s South End. There was a lot of bitterness about how high the taxes had gotten because of the housing boom, but that money bought more house not so far away, in a place where there weren’t so many doctors, lawyers and financial folks. Where the working class folks felt more comfortable.

And then the super duper influx around 2005, when Mr. Karp bought so much land and real-estate downtown.  Yup, and people have just kept coming, with more and more money, lots more money.  And the old-timers, the natives, they pay attention and they vote, but their numbers just ain’t what they used to be.  It’s not your father’s Newburyport by any stretch of the imagination, no how, no way, any more.

14 Russia Street, Newburyport, Adios??

Thanks to the P.Preservationist for the heads-up, as well as Newburyport City Councilor Ed Cameron for the photo (I “borrowed”) and the link to the ZBA meeting.

14 Russia Street, Newburyport, headed for the chopping block by one of our own local developers.

This is why we need a demo delay with teeth, NOT a one year demo delay, good grief!!  Katy Ives is only proposing 2 years. We need more than 2 years (and 2 years is not “a taking,” for goodness sakes!!)

The Newburyport City Council is going to “chat” about Councilor Ives “compromise,” I can see some minor tweaking, but major watering down of even that in a search for some votes.  Hello.

We have a gorgeous, charming place here. The Newburyport City Council has a tremendous and noble opportunity.  Councilor Ives “no demo overlay” for Newburyport’s Historic District – it’s a good idea!!

Councilor Cameron is right, “Newburyport – Death by a thousand paper cuts!!”  Not going to be such a fun place to work, live and play, or eventually make any money off your house when you go to sell it, if the Newburyport City Council doesn’t step up to the plate and do something significant! with a few teeth and a little chutzpah already!! Enough with the caving in to the extreme property rights, minority “wing” of the Newburyport population!!  Man-up!!

14 Russia Street, headed for the chopping block

14 Russia Street, headed for the chopping block

A Really Good Compromise on Newburyport’s LHD

This sounds like a really good compromise on Newburyport’s Local Historic District (LHD) sponsored on Monday night by Newburyport City Councilors Katy Ives and Bob Cronin. Excellent work!!  I hope it is one that the Newburyport City Councilors see as a “win-win” alternative.

The proposals address what Councilor Ives called the “most egregious” situations affecting our historic assets in the city of Newburyport, i.e. demolition, as well as protecting downtown Newburyport, the restoration of which is responsible for the revitalization of a once dying city.

A very well written article in the Newburyport Daily News about the the proposals sponsored by Councilors Katy Ives and Bob Cronin can be read here.

Newburyport Under Pressure to Develop Real Estate for Profit

56 High Street, Courtesy of the City of Newburyport

56 High Street, Courtesy of the City of Newburyport

“Sure, we can still have homeowner’s rights and the proposed LHD provides for this. But more than ever before, the City of Newburyport is under pressure to develop real estate for profit, not just for its people and the quality of life. This city has become a destination specifically because of its historical support for preservation, not despite its history.”

Peter Erickson, Newburyport Daily News, Viewpoint can be read here

Peter Erickson is a former chair of the Newburyport Historic Commission and has lived on High Street for 24 years. Peter Erickson’s family home on High Street. Photo courtesy of the City of Newburyport which can be seen with the entire write-up about the property here (photo was taken in 1980).

Citizens for Historic Newburyport to Take Down “Yes! LHD” Signs

This is a press release from Citizens for Historic Newburyport

Citizens for Historic Newburyport (CHN) thank Mayor Donna Holaday for speaking in support of a Local Historic District (LHD) at last night’s public hearing, and take to heart her appeal for all lawn signs and banners to be removed as the proposal moves to the Newburyport City Council.

LHD Yes! signs were made available by CHN last March at the request of residents upset by the appearance of signs installed earlier by opponents of historic district protections.  Within days of becoming available, more than 200 LHD YES! signs were displayed by residents throughout the city.

“We think we’ve made our point,” said Jared Eigerman on behalf of CHN. “Proponents of an LHD are steadfast in their support of sensible, mainstream legislation to protect Newburyport’s historic character. Our 11 City Councillors will now take up the issue, and people of all views can contact them directly and at hearings going forward. Lawn signs won’t aid those deliberations.”

CHN volunteers have already begun to remove LHD Yes! signs in a process which should be completed by the end of the weekend.

Public Hearing on Newburyport’s Proposed Local Historic District (LHD) and Updated Information.

There will be a Public Hearing (this is the legally required one) on the Newburyport’s proposed Local Historic District (LHD),Thursday June 21, 2012, at 7PM at the Newburyport High School Auditorium (not City Hall).

Below is the summary of the LHD Ordinance and the LHD Ordinance updates (3rd draft, now officially called the “Preliminary Report”).  Press images to enlarge.

LHD Ordinance Summary, page 1 (press image to enlarge)

LHD Ordinance Summary, page 1 (Press image to enlarge)

LHD Ordinance Summary, Page 1, Excluded Items and Reviewable Items  (Press image to enlarge)

LHD Ordinance Summary, page 2 (Press image to enlarge)

LHD Ordinance Summary, page 2 (Press image to enlarge)

LHD Ordinance Summary, Page 2, Additional Changes (Press image to enlarge)

The PDF version can be read here:  2012-public-hearing-lhd-ordinance-summary2

Or you can read the PDF version on the City of Newburyport’s website here.

Map of Newburyport's proposed Local Historic District (LHD), Press to enlarge

Map of Newburyport's proposed Local Historic District (LHD), Press to enlarge

This is the map of the proposed Newburyport Local Historic District (Press to enlarge). It can also be seen on the City’s website here.

Complete information on the updates on Newburyport’s proposed Local Historic District (LHD) can be read on the City’s website here.

Confusion about Newburyport’s Proposed Local Historic District (LHD)

Confusion abounds when it comes to Newburyport’s proposed Local Historic District (LHD).

One of the things that folks are confused about is how the LHD could be changed if it should pass.

Local Historic Districts differ from state to state.  Our state LHD state law is called General Law Chapter 40C, the Historic Districts Act.  It informs our local LHD law, ordinance, if it should pass, and is often referred to in the draft ordinance of Newburyport’s proposed LHD.

The LHD ordinance or municipal law is guided by state law just the way our city planning and zoning laws are.

The proposed ordinance could not be changed without a super majority of the Newburyport City Council, 8 out of 11 votes.  That is in State General Law, Chapter 40C, Section 3.

The proposed LHD ordinance includes what is not included or what is exempt, things like paint color, shutters, roofing material, ordinary maintenance and repairs, landscaping, storm windows, storm doors, gutters, shutter hardware, driveways, terraces.

The draft guidelines help clarify and give guidance to a homeowner who would like to make changes to the exterior of their home, seen from the public way, on items that are not exempt.

What was said at the first informational meeting was that most LHDs don’t start with guidelines, that Newburyport was an exception and should be applauded for trying to make things as clear as possible.

At the moment (and the creation of a city law is a process) the guidelines can be changed with a public hearing (Section 6.3). I asked the LHD Study Committee (they can be contacted at lhdsc@cityofnewburyport.com), and what I was told is that there is only one location in Massachusetts where the guidelines are changed by a super majority vote.

If the Newburyport City Council choses (it will reach the City Council after the Public Hearing), it can change Section 6.3 in the LHD draft ordinance, so that any changes to the guidelines would also require a super majority vote in the Newburyport City Council, 8 out of 11 votes.

The LHD state law, Chapter 40C can be read here.

Fines and Newburyport’s Local Historic District (LHD)

moneyThe literature that is being mailed, handed out by those who oppose Newburyport’s proposed Local Historic District (LHD) , the “Say No to  LHD” folks, would have you believe that if you do something in the proposed LHD that the LHD  Commission (should the Newburyport City Council vote in favor of the LHD) might have some reservations about, you will be fined $500 a day into bankruptcy.

I think this is what one could call “propaganda” because it is so ridiculously not true.

Good grief!

(Definition of propaganda: “Information, ideas, or rumors deliberately spread widely to help or harm a person, group, movement, institution, nation, etc.” “The deliberate spreading of such information, rumors, etc.”)

On Monday night at the LHD informational meeting the subject of fines was cleared up (at least for those who have an open mind, and for those who don’t think that the LHD is some sort of government conspiracy).

What the chair of the Zoning Board of Appeals (ZBA) said, and I am paraphrasing here, is that the Planning Board, the Building Inspector and the ZBA all have the ability to use fines but they do NOT and never have levied fines.

Fines are there in municipal law as a last resort.  If they did not exist, a developer could come into town and say, “I’ll do anything I want,” and there would be no legal tool to stop them.

The LHD Study Committee is writing a city ordinance, a city law, which is not done lightly. (And the LHD Study Committee is not a “group” the way one of the leaders of the “Say No to LHD” keeps describing them.)

The drafting of a municipal law is a “process,” and is a “work in progress.”

And the LHD Study Committee is still clarifying the whole “fine” thing in the ordinance-law that is in the process of being written.

So no, contrary to the propaganda being distributed by the “Say No to LHD” folks, if you live in Newburyport’s proposed Local Historic District (LHD), you would not be fined daily into bankruptcy.

As was explained at the informational hearing on Monday night, the same criterion would apply to the proposed Newburyport LHD that applies to the Newburyport Planning Board and the Newburyport ZBA.

The Proposed Newburyport Local Historic District Commission

I have heard so much about the Nazi like quality of what the proposed Newburyport Local Historic District Commission, the commission that would help regulate the proposed Local Historic District (LHD), and I gotta tell you, a lot of misinformation out there, good grief.

Q: ( Me)  What do you think the LHD Commission would be like?

A: (A lot of people) People who don’t live in Newburyport, a bunch of controlling zealots who would make the lives of the people living in Newburyport a living hell. (No exaggeration here, I hear this all the time, no kidding.)

The proposed commission would be like any other of the Newburyport commissions (and boards), it would be made up of people who live in Newburyport, not controlling Nazi outsiders who care nothing about the people who live here.  Hello.

In the draft of the LHD Ordinance (and it’s a draft, so that means lots of public input from public hearings, good grief) it proposes that the LHD Commission be made up of  7 members.  And just like other boards and commissions, those members would be appointed by the mayor (often members are recommended to the mayor by citizens of Newburyport, no different here), and confirmed by the Newburyport City Council (just like ever other city board and commission). So if the people of Newburyport, don’t like a proposed member, they can call the Newburyport City Council and the Mayor and register their complaint, which often happens in our Newburyport democratic process (and often the person is not appointed or approved!).

The draft proposes that there be (again everyone lives in Newburyport) a realtor, an architect,  a member of the Newburyport Chamber of Commerce, people from entities like the Newburyport Preservation Trust and the Historic Society of Old Newbury, 2 members who are residents of the proposed district, and in the beginning 2 members of the Local Historic District Study Committee, to help with any initial confusion, and get things off to a good start.

The draft of the ordinance proposes that in the beginning, 2 members get appointed for one year, 2 members for two years, and three members for three years.  And then after the initial go through, each member would be appointed for 3 years, just like other Newburyport boards and commissions.

So now, hysterics out there, and there are a lot of hysterics out there, who are just so upset that they can’t hear what someone who may be for the Newburyport  Local Historic District (LHD) may be saying, this is not a proposed Nazi commission to control and destroy your lives (good grief!!).