Say NO to Amesbury Zoning Change in "East End" (Clarks Road & Elm Street near Route 110)

Recent signers:
Scott Brauer and 11 others have signed recently.

The Issue

This needs to be a little lengthy to explain the situation - please read, sign and SHARE!

For over six months, the City of Amesbury has been conducting neighborhood meetings and gathering info to determine if there is support for a zoning change to the top of Clarks Road near Route 110, and across the intersection on Elm Street. Since the beginning, officials seem to already have their mind made up to create this "Smart Growth" District, changing it from primarily residential (other than the four corners where Friendly's, BK, Sunoco and the Trail entrance are located) to mixed use so that they can allow an interested real estate developer that already owns 29 Clarks to expand his real estate holdings and build over 200 residential units in this area. Most of it would be on 27-1/2 and 29 Clarks Road.

YOU READ THAT RIGHT - 200 APARTMENTS...In an area that is already highly congested, and zoned for single family homes (R20). In return for adopting the zoning and streamlining the development process for 40R districts, cities and towns can get between $10,000 and $600,000 in state funding, plus an additional $3,000 for every new home created. In this case, it would be roughly $1.2M. While everyone in Amesbury knows the City needs money, this is not the way to do it and it will not solve years of financial woes. Destroying a neighborhood, and doing it at the expense of current taxpaying residents is just plain wrong.

DHCD says that the 40R district must include 20% affordable housing units, and is to be located near transit stations (within a 1 mile distance from the applicable transit facility and subject to applicable Infrastructure and Pedestrian Access requirements), in areas of concentrated development such as existing city and town centers, and in other highly suitable locations. Additionally, "in order for a proposed 40R District to ultimately receive final approval and qualify for all or a portion, as applicable, of any corresponding Zoning Incentive Payment, the Municipality must document and certify that the impacts of Future Zoned Units within the District will not over burden transportation, water, public and/or private wastewater systems, and other relevant Infrastructure, as it exists or may be practicably upgraded."  This Zoning Change proposal will not be "responsible" development.

Many residents of Clarks Road and surrounding neighborhoods are opposed to this zoning change for a few reasons, and none of them are because they are against affordable housing - everyone agrees affordable housing units are needed - this just isn't the right place because of the proposed density, and with rents starting around $2200, these units will not be affordable and would not solve the affordable housing problem that exists in Amesbury and across the Commonwealth.

1. This is not a "highly suitable location" and does not meet DHCD criteria (above). It is not near a transit station and Clarks Road is a narrow winding road with barely any sidewalks, so pedestrian safety is already compromised.

2. The addition of five story buildings (six if you count the height for mechanical systems on the roof) in this area is not in keeping with the neighborhood. Even if you consider the Fairfield Inn, which has been there since the 1970's as Suisse Chalet, or Birchwood Pointe, which is only three stories on 8 acres, three five story buildings on just under three acres would be out of place, out of scope and disproportionate.

3. The infrastructure of this area of town can not support that many units added to the area - two quick examples - the increase of traffic on narrow Clarks Road and Main Street, impact on water and sewer demands.  This area is already experiencing unsafe roadways, public safety issues, and crumbled sidewalks (if any), and the water and sewer pipes are some of the oldest in the city.  

4. 40R is not a tool for economic development or increasing the commercial tax base, as evidenced by the fact there is no minimum requirement for anything but housing in a 40R district. And the statute allows commercial use in an overlay district to be replaced by residential - so the current Friendly's and BK sites could one day become residential and add to the traffic burden on Clarks, Main, etc. 

5. Our local elected officials, who should be accountable to voters, cede control of 40R districts to DHCD staff. Once approved, a district cannot be repealed or amended without DHCD approval. "Since a goal of 40R is to provide developers with as-of-right, predictable zoning, any project that meets requirements must be approved (see #4). Any proposed 40R district should ensure that what would be allowed is what residents want built, rather than what developers want to build."  Individuals also lose rights. There is essentially no right for an abutter to challenge a 40R project in court. A developer-friendly statute provision of dubious constitutionality requires a plaintiff challenging a project to post bond of twice the estimated carrying cost of the property plus defendant’s attorney fees. 

6. On two occasions in particular the city has misrepresented the will of the people and the information about the Zoning Change and the minimum number of units that can be built. A survey done last fall had 35 responses. Community members were told that the survey revealed that there were a number of people in favor of the 40R project, but after a public records request, neighborhood residents discovered that out of those 35 responses only one was in favor, two were not sure, and 32 were opposed. Also in a planning exercise that took place in April at City Hall, representatives for the developer and City officials told attendees that the project had to start with a minimum of 57 units due to a previously approved 40B project on 29 Clarks. In fact that is not the case at all, as affirmed by a local resident's attorney. Attendees at that planning session were intentionally misled.

7. The Point Shore area is already under siege with current and upcoming development and an influx of traffic and impacts on the infrastructure... Bailey's Pond, The Hat Factory, The Marina, not to mention the hockey rink which will have traffic funneling down into this area... adding 210 units to this area which would equate to about 400 more cars and all those additional daily trips will only exacerbate a vehicle burden to an area that is already experiencing increased volume, accidents, and limited pedestrian safety. 

We could go on and on, but you get the point. Please sign this petition, and share with your networks! We need to stop this zoning change! Tell the City NO!

365

Recent signers:
Scott Brauer and 11 others have signed recently.

The Issue

This needs to be a little lengthy to explain the situation - please read, sign and SHARE!

For over six months, the City of Amesbury has been conducting neighborhood meetings and gathering info to determine if there is support for a zoning change to the top of Clarks Road near Route 110, and across the intersection on Elm Street. Since the beginning, officials seem to already have their mind made up to create this "Smart Growth" District, changing it from primarily residential (other than the four corners where Friendly's, BK, Sunoco and the Trail entrance are located) to mixed use so that they can allow an interested real estate developer that already owns 29 Clarks to expand his real estate holdings and build over 200 residential units in this area. Most of it would be on 27-1/2 and 29 Clarks Road.

YOU READ THAT RIGHT - 200 APARTMENTS...In an area that is already highly congested, and zoned for single family homes (R20). In return for adopting the zoning and streamlining the development process for 40R districts, cities and towns can get between $10,000 and $600,000 in state funding, plus an additional $3,000 for every new home created. In this case, it would be roughly $1.2M. While everyone in Amesbury knows the City needs money, this is not the way to do it and it will not solve years of financial woes. Destroying a neighborhood, and doing it at the expense of current taxpaying residents is just plain wrong.

DHCD says that the 40R district must include 20% affordable housing units, and is to be located near transit stations (within a 1 mile distance from the applicable transit facility and subject to applicable Infrastructure and Pedestrian Access requirements), in areas of concentrated development such as existing city and town centers, and in other highly suitable locations. Additionally, "in order for a proposed 40R District to ultimately receive final approval and qualify for all or a portion, as applicable, of any corresponding Zoning Incentive Payment, the Municipality must document and certify that the impacts of Future Zoned Units within the District will not over burden transportation, water, public and/or private wastewater systems, and other relevant Infrastructure, as it exists or may be practicably upgraded."  This Zoning Change proposal will not be "responsible" development.

Many residents of Clarks Road and surrounding neighborhoods are opposed to this zoning change for a few reasons, and none of them are because they are against affordable housing - everyone agrees affordable housing units are needed - this just isn't the right place because of the proposed density, and with rents starting around $2200, these units will not be affordable and would not solve the affordable housing problem that exists in Amesbury and across the Commonwealth.

1. This is not a "highly suitable location" and does not meet DHCD criteria (above). It is not near a transit station and Clarks Road is a narrow winding road with barely any sidewalks, so pedestrian safety is already compromised.

2. The addition of five story buildings (six if you count the height for mechanical systems on the roof) in this area is not in keeping with the neighborhood. Even if you consider the Fairfield Inn, which has been there since the 1970's as Suisse Chalet, or Birchwood Pointe, which is only three stories on 8 acres, three five story buildings on just under three acres would be out of place, out of scope and disproportionate.

3. The infrastructure of this area of town can not support that many units added to the area - two quick examples - the increase of traffic on narrow Clarks Road and Main Street, impact on water and sewer demands.  This area is already experiencing unsafe roadways, public safety issues, and crumbled sidewalks (if any), and the water and sewer pipes are some of the oldest in the city.  

4. 40R is not a tool for economic development or increasing the commercial tax base, as evidenced by the fact there is no minimum requirement for anything but housing in a 40R district. And the statute allows commercial use in an overlay district to be replaced by residential - so the current Friendly's and BK sites could one day become residential and add to the traffic burden on Clarks, Main, etc. 

5. Our local elected officials, who should be accountable to voters, cede control of 40R districts to DHCD staff. Once approved, a district cannot be repealed or amended without DHCD approval. "Since a goal of 40R is to provide developers with as-of-right, predictable zoning, any project that meets requirements must be approved (see #4). Any proposed 40R district should ensure that what would be allowed is what residents want built, rather than what developers want to build."  Individuals also lose rights. There is essentially no right for an abutter to challenge a 40R project in court. A developer-friendly statute provision of dubious constitutionality requires a plaintiff challenging a project to post bond of twice the estimated carrying cost of the property plus defendant’s attorney fees. 

6. On two occasions in particular the city has misrepresented the will of the people and the information about the Zoning Change and the minimum number of units that can be built. A survey done last fall had 35 responses. Community members were told that the survey revealed that there were a number of people in favor of the 40R project, but after a public records request, neighborhood residents discovered that out of those 35 responses only one was in favor, two were not sure, and 32 were opposed. Also in a planning exercise that took place in April at City Hall, representatives for the developer and City officials told attendees that the project had to start with a minimum of 57 units due to a previously approved 40B project on 29 Clarks. In fact that is not the case at all, as affirmed by a local resident's attorney. Attendees at that planning session were intentionally misled.

7. The Point Shore area is already under siege with current and upcoming development and an influx of traffic and impacts on the infrastructure... Bailey's Pond, The Hat Factory, The Marina, not to mention the hockey rink which will have traffic funneling down into this area... adding 210 units to this area which would equate to about 400 more cars and all those additional daily trips will only exacerbate a vehicle burden to an area that is already experiencing increased volume, accidents, and limited pedestrian safety. 

We could go on and on, but you get the point. Please sign this petition, and share with your networks! We need to stop this zoning change! Tell the City NO!

The Decision Makers

City of Amesbury Officials
City of Amesbury Officials
City of Amesbury
City of Amesbury
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