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how the proposed use, rezoning, or plan
<br />amendment may affect traffic circulation,
<br />neighboring uses, and environmental condi-
<br />lions such as streams or trees.
<br />
<br />CONCLUSION
<br />Staff resources in planning departments are
<br />often stretched thin, and staff reports are often
<br />sent to commissioners and other recipients at
<br />the last possible minute prior to the deadline for
<br />a hearing. This leaves commissioners, appli-
<br />cants, and the public with a very narrow window"
<br />of time to thorou§hly review the report, absorb
<br />its contents, and consider appropriate action
<br />before the formal hearing. The well-researched,
<br />well-organized staff report will the?efore be a key
<br />determinant of the efficiency of the development
<br />review process. Most importantly, such a report
<br />will ensure that relevant planning policies, dover-
<br />opment standards, and review criteda are identi-
<br />fied in a systematic fashion and complied with.
<br />
<br /> NEWS BRIEFS
<br />MA$$ACHUSE'I-rS TOWN APPROVES RECORD
<br />IMPACT FEE FROM LOWE'S
<br />By Rebecca Retztaff
<br />The developer of a Lowe's Home Improvement
<br />Store in Massachusetts has agreed to pay the
<br />town of Hadley $4~.o,ooo to offset the impact
<br />of its new development. The payment was part
<br />of an approval by voters that permits rezoning
<br />!.2.8 acres of a local buffalo farm for the new
<br />development. The payment is reported to be
<br />the largest community impact agreement in the
<br />state and the second largest in the countW.
<br /> Residen'ts of Hadley are concerned not
<br />only about the loss of farmland and increased
<br />traffic associated with the development but
<br />also about the implications of accepting a large
<br />sum of money in exchange for a rezoning deci-
<br />sion. Hadley Neighbors for Sensible
<br />Development writes, "While we are g[ad to see
<br />the !own receive some compensation for this
<br />gift ~.o the landowner, we hope that the rezone
<br />doesn't set a bad precedent for Hadley's zoning
<br />future."
<br /> The vote ,Nas the fourth Iime the devei-
<br />,)per tried to win approval for the proiect.
<br />Paradigm Oevelopment of Coiden, New "fork.
<br />}ffered no impact payments at the ?fist vote [n
<br />Z. ogust 2oo3 but sut)sequently increased (he
<br />,)reposed pavments ~mtil voters .]Dprove,a the
<br />
<br /> agreement in the fourth attempt. The devel-
<br /> oper will also be required to make infrastruc-
<br /> ture upgrades and traffic safety improve-
<br /> moots and to construct noise and visual
<br /> buffers.
<br /> 5Dine Hadley residents are concerned
<br />about the new development's impact on traffic
<br />along the town's main commercial road. ]'he
<br />new development will be located less than one
<br />mile from a new Home Depot, and the two com-
<br />bined developments will lead to an estimated
<br />5o to 80 percent traffic increase. David Elvinl a
<br />member of Hadley Neighbors, believes that the
<br />transportation improvements will do little to
<br />actually improve the traffic situation. "[The
<br />development will] add huge traffic volumes on
<br />a road that is not ready to handle it," he says.
<br /> The loss of farmland that will result from
<br />the development has also fueled concern. .
<br />Hadley has some of'the richest soil in the
<br />world, and much of this farmland has been
<br />under heavy development pressure in recent
<br />years. According to the American Farmland
<br />Trust (AFT), Massachusetts lost ~8 percent of
<br />its farmland between ~98z an'd z997. AFT
<br />named the Connecticut River Valley, where
<br />Hadley is located, one of the top 2o agricul-
<br />tural areas most threatened by development
<br />in ~-9 97.
<br /> Elvin says the development also has
<br />raised concerns because the town lacks a
<br />comprehensive plan, has OD planner on staff,
<br />and i5 not equipped to deal with develop-
<br />ments of this intensity. "We are just not ready
<br />for the type of impact that this type of devel-
<br />opment would bring," he says.
<br /> Many residents question the implica-
<br />tions of allowing large sums of money to be '
<br />the, deciding factor in zoning decisions.
<br />Environmental attorney Alexandra Dawson,
<br />chair of the town's conservation commission,
<br />says (speaking for herself) the question
<br />comes down to, "Do you want a rezoning?
<br />What do you have to pay for it?"
<br /> Although the developer brought the plan
<br />to the voters four times, the only change in each
<br />proposal was the amount of the impact pay-
<br />ment. As Dawson points out, "[the decision] got
<br />pushed over the edge because of the money."
<br />She asks, "What are the implications of having
<br />your zoning for sale? It is putting in a curious
<br />,nay a huge amount of faith in the townspeople
<br />because it is addin§ huge amounts of cash that
<br />i am not sure we are ready for."
<br /> AccorDing to William Dwver, the clerk for
<br />the [own's planning board, payments intended
<br />~o '~wav voters in favor of a development project
<br />Jfe rainy coffllTion ~n ,~Aassacnuse~s. "~t is nor
<br />
<br /> unheard of," he says, "There is a case from the
<br /> Supreme Judicial Court of Massachusetts
<br /> [Durand v. IDC 8ellingham, LLC, 79~ N.E.2d 359
<br /> (Mass. Ion;j)], which says that a developer's
<br /> cash commitment conditioned upon a zoning
<br />- change is not a violation of public policy."
<br /> Dwyer concedes that impact payments played a
<br /> role in the outcome because "it persuaded peo-
<br /> ple that it was in the municipal interest and
<br /> their iqterest to vote yes."
<br /> To address the concerns about the [DSS of
<br />farmland, the need for. p{anning, and the trans-
<br />portation impacts, approximately $~o,ooo of
<br />the impact payment will be used for planning,
<br />325,oo0 for recreation, and $375,ooo for agri-
<br />cultural preservation. The conservation commis-
<br />sion will use most of the money to purchase
<br />agricultural development ri§hts. "The citizens
<br />group reaction is that it is a step in the right
<br />direction, but it [s still not enough to cover the
<br />impact of the development," Elvin says.
<br />Rebecca Re~zlaff is a researcher with the
<br />American Planning Association and a Ph.D.
<br />candidate in urban planning and policy at the
<br />University of Illinois at Chicago.
<br />
<br />VOL. -"~L, NO.
<br />Zoning Practice (formerly Zoning ~¥ews) is a monthly
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