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Creating the Box: Recognizing the Need for Regulatory Change and Creating a Structure for Action

Creating the Box: Recognizing the Need for Regulatory Change and Creating a Structure for Action
Valerie Massard
Kevin Maguire
George Preble

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Creating the Box: Recognizing the Need for Regulatory Change and Creating a Structure for Action Creating the Box: Recognizing the Need for Regulatory Change and Creating a Structure for Action Presentation Transcript

  • CREATING THE BOXRECOGNIZING THE NEED FOR REGULATORYCHANGE AND CREATING A STRUCTURE FORACTIONPresented by:Valerie Massard, AICP, Town of PlymouthKevin Maguire, Managing Member, Building Initiatives, LLCGeorge Preble, PE, Principal, Beals and Thomas, Inc.June 3, 2010
  • Creating a Flexible Box Consultants, Regulators, Developers spendconsiderable time and resources working within theconfines of “The Box” of existing regulations. The need for regulatory change is often recognizedwell in advance of formal regulations. Early discussions include a variety of stakeholders The pre- regulation period is an opportunity foradvancing flexibility to address new needs.
  • Creating a Flexible Box Do our existing regulations and design standardslead us where we want to go? Are we addressing current issues and using bestpractices? Today, a look at some case studies – examples fromthe public and private sector of how to managechange when existing standards are not up to thechallenge at hand.
  • How Best to Respond to EmergingEnvironmental and Societal Issues? Stormwater and Flooding Global Warming – Greenhouse Gas Emissions Water Resources Water Supply and Protection Wastewater Disposal and Reuse Groundwater Protection Sustainable Energy Smart Growth Affordable Housing Transfer of Development Rights
  • The Catalysts to Adopt and Respond toEmerging Issues Public Sector Stakeholders Private Sector Stakeholders
  • Public Sector Stakeholders Citizens of the Commonwealth Local, State and Federal Regulators Massachusetts Department of Environmental Protection Environmental Protection Agencies Local Conservation Commission, Planning Board andBoard of Health Land Conservation and Advocacy Groups
  • Private Sector Stakeholders Developers and Land Development Organizations Business Interests Consultants, Architects, Attorneys, Engineers,Environmental Professionals, Planners
  • Initiatives for Regulatory Change Convergence of Public and Private Sector Interests Adequacy and Protection of Water Resources/Supply Economic Development Address the Absence of Adequate Utility Infrastructure Address Sustainable Design Response to Emerging Technologies Advance Innovative Technology for the Common Good Highly Treated Wastewater Reuse – Reclaimed Water Renewable Energy Stormwater Pollutant Removal
  • Example of Regulatory ChangeA Catalyst for Reclaimed Water Guidelines and Regulations A cooperative effort by the private sector and public sectorregulatory officials to implement an innovative wastewater treatmentand reclaimed water system, leading to regulatory change. Reclaimed Water is relatively new to Massachusetts – we perceiveourselves as “water rich” Recognition of the limitation of the existing sewer infrastructure in atargeted economic development area and seasonal shortagesexperienced by the municipal water supply. Pilot projects allowed by DEP to advance the use of Reclaimed Water
  • Example of Regulatory Change Massachusetts Regulatory Guidelines (Issued After Initial Pilot Project): “Interim Guidelines on Reclaimed Water (Revised)”, issued by theMassachusetts Department of Environmental Protection, effectivedate January 3, 2000.Initially considered for: Golf course irrigation Irrigation for nurseries Toilet flushing Reclaimed Water Regulations Codified ¶314 CMR 20 Reclaimed Water Permit Program and Standards Promulgated March2009 with expanded uses. Parks and Playgrounds Athletic Fields Cemeteries Landscaping at Schools and Residential Developments Snowmaking 10 Year period from initial pilot projects to the promulgation of formalregulations.
  • Case Studies for Innovative ResponsesLeading To Regulation Change1. Conversion of a former Nike Missile site in Waylandto a sustainable residential development.2. Development of stormwaterregulations to protect waterresources in Plymouth.
  • Local Change and Design Guidelines:Plymouths ExperiencePresented to MAPD Annual ConferenceJune 3, 2010Valerie Massard, AICPTown Planner, Town of Plymouth
  • Plymouth is very largeOutline ofPlymouth103 sq. miles
  • Active DevelopmentPlymouth - some offastest growthin CommonwealthIn recent years.•Plymouth Rock Studios•AD Makepeace River Run•Pinehills Community•Cordage 40R•Colony Place•Shops at 5
  • Special Considerations Large portions of Town mapped byMassachusetts Natural Heritage Anadromous fish runs 31 miles of coastline impaired ponds andbays Sandy glacial soils – high permeability Plymouth-Carver Sole Source Aquifer Historic character Large undeveloped land areas
  • Often, existing guidelines leadus to question:“That’s what we said, but not what wemeant.”…
  • Opportunity: create better ‘box’ Flexibility Focus on key issues – ask questions Include local community anddevelopment community in dialogue Create design standards that lead towin-win goal for Town and Developer Create reviews that reduce repetitionwhile focusing on core issues
  • Opportunities: Stormwater design guidelines Roadway design guidelines Development design guidelines Community design for rural areas andTDRs Community design for more urban areas Mixed use overlay districts
  • Design issue: residential growth OSMUD – Mixed Use overlay Pinehills TRVD – Mixed Use overlay Makepeace Rural Density Development (RDD) Bylaw foropen space in rural areas Village Open Space Development (VOSD)for open space in outskirts of village centers Used by every development sinceimplementation.
  • Residential DevelopmentPinehills• $1.5 Billion Project Cost• 600 Jobs Created• Taxes$2.3 Million 2005$17 Million+ BuildoutMacKenzie Brothers
  • Design Issue: roads Pinehills OSMUD – developersapproached the Town: “What are yourfavorite roads in Plymouth?” To create this kind of road – specialstormwater & road design standards These are often default for RDD,enhanced for TRVD.
  • PlymouthRDD & VOSDGreen NeighborhoodsAlliance OSRD(1) Concept Plan(product of SitePlan, Yield Plan &Sketch Plan(2) File for SpecialPermit(3) File for DefinitivePlan Can allow forincentives fordensity(1) Concept Plan(2) File concurrentlyfor Definitive Planand Special Permit Allows for Transferof DevelopmentRights (50%) 60,000 SFminimum openspace per unit inRDD
  • Plymouth’s RDD Bylaw 50-foot frontage for a lot Can donate land to Town or land trust,or hold land privately in somecircumstances for the benefit of theresidents 20,000 SF minimum lot size; typically40,000 SF is used to fit individualseptic and well on lots
  • Property Sales Comparison0100,000200,000300,000400,000500,000600,0002001 2002All Homes* New Construction* RDDs Pine HillsSource: Assessors Office * Excludes Pine Hills and RDD Sales
  • Design Issue: Stormwater Stormwater guidelines adopted 1983 New, large developments design usingTown’s out-dated practices (RiverEels, Plymouth Rock Studios) Resulting permit review: re-designcurrent best practices – how much,what standard, how reach consensus,what cost (time, dollars)?
  • Plymouth’s Stormwater Group DPW Engineering DPW Environmental Management Conservation Health PlanningInformal - focus: grants,retrofitting, stream restoration,water quality
  • Smart Growth Grant from EEA CZM grant (2004) - Model Bylaw [Plymouth,Duxbury & Marshfield; Horsley Witten Group] Stormwater (2007) - implement consistentdesign guidelines across all permittingprocesses in Plymouth (EPA confirmation approachmeets requirements for NPDES Phase II)Goals: no additional review, common ground,participatory designLead – Planning Department
  • Development of Guidelines Plymouth’s Stormwater Group Comprehensive Environmental, Inc.design services Core working group – local engineersInclude experts and volunteers, localknowledge
  • Local Engineers Cubellis Associated Engineers of Plymouth,Inc. Flaherty & Stefani, Inc. The Garrett Group, LTD. Beals and Thomas, Inc. VHB/Vanasse Hangen Brustlin, Inc.
  • Implementation Guidelines replaced all other designstandards – subdivision rules & regulations;consistency Guidelines already called out in zoning Pre-design conferencing with staff sets toneof expectations for sitePre-site design conferencing with PlanningBoard is also a built-in for Plymouth’sflexible development approaches
  • Similar approaches:AD Makepeace‘River Run’ 1,400 acres 400 acre footprint Compact villagecenter TDR – hundredsof acres preserved
  • Similar approaches:Seaport at Cordage(40R) Redevelopwaterfront mfg.area Compact villagecenter New waterfrontpublic access
  • Similar approaches:Plymouth RockStudios 400 acres LEED buildings Screening
  • The Solution“Yes, if it’s in the best interest ofthe Town”
  • From Missiles to Housingthe Conversion of the Nike Missile Site into theResidences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives
  • From Missiles to HousingThe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives1. Land Use that is Past its Useful Life
  • From Missiles to HousingThe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives2. Conversion of Abandoned Missile Site
  • From Missiles to HousingThe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives3. High Density Cluster Housing in an R-40 Suburban Neighborhood(16 units on 2.75 acres w/ 10 acres set aside for Open Space)
  • From Missiles to HousingThe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives4. Low Impact Development (Energy Efficiency & LID)
  • From Missiles to Housingthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives5. Workforce Ownership Housing for Families earning at or below $90k/yr
  • From Missiles to Housingthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesThankYou
  • The Momentum of Possibilitythe Residences at 89Oxbow WaylandThe “Momentum of Possibility”that contributed to the creation ofthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsObjectives of Presentation1. Understand ‘Momentum of Possibility”Kevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow WaylandObjectives of Presentation1. Understand ‘Momentum of Possibility”2. Who Contributes to the ‘Momentum ofPossibility’Kevin MaguireFounder, Building Initiativesthe Residences at 89OxbowWayland, Massachusetts
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsChallenge of Presentation1. Understand what the Heck is the‘Momentum of Possibility”2. Who Contributes to the ‘Momentum of Possibility’3. Can One Facilitate the ‘Momentum ofPossibility’?Kevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow WaylandThe ‘Momentum of Possibility’1. Attitude2. Shared Among the Project Stakeholders3. Becomes part of the Energy of the ProjectKevin MaguireFounder, Building Initiativesthe Residences at 89OxbowWayland, Massachusetts
  • The Momentum of Possibilitythe Residences at 89Oxbow WaylandThe ‘Momentum of Possibility’1. Attitude2. Shared Among the Project Stakeholders3. Becomes part of the Energy of the ProjectKevin MaguireFounder, Building Initiativesthe Residences at 89OxbowWayland, MassachusettsGreat - But How Does it Start???
  • Kevin MaguireFounder, Building Initiativesthe Residences at 89OxbowWayland, MassachusettsThe Momentum of Possibilitythe Residences at 89Oxbow Wayland
  • Kevin MaguireFounder, Building Initiativesthe Residences at 89OxbowWayland, MassachusettsThe Momentum of Possibilitythe Residences at 89Oxbow WaylandTown Site Plan included in RFPAsModel of Design Guidelines
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsPrimary Physical Challenges1. Site Located within Zone 2Aquifer District;2. Post Base Demolition- No Loam(gravel)3. Post Base Demolition– no Vegetationwithin Site to Foster Privacy4. Post Base Demolition- Site was FlatKevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsDesign Concept1. Minimize Amount of ImperviousSurface2. Strong sense of Public withability to escape to Private3. Block out Area for 2 PrimaryLeaching Fields and RecirculatingSand FilterKevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsDesign Concept1. Minimize Amount of ImperviousSurface2. Strong sense of Public withability to escape to Private3. Block out Area for 2 PrimaryLeaching Fields and RecirculatingSand FilterBut How Does a Fire TruckTurn Around???Kevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsDesign Concept1. Minimize Amount of ImperviousSurface2. Block out Area for 2 PrimaryLeaching Fields and RecirculatingSand Filter3. Strong sense of Public withability to escape to Private4. Limited Manicured Grass – 2public zones (3 yr old play areaand 11 year old play area) andlimited PrivateKevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesBe Careful What You Watch on TVPBS DocumentaryEden’s Lost & FoundHow Ordinary Citizens are Restoring OurGreat American CitiesSeattle – the Future is NowSEA Street and Low Impact Storm WaterDesign (save the Salmon)
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsSite Plan emphasizing LID1. Bio-Retention Basins becomeEntry Gateway and Central ArrivalFeature2. Loam Limited to 20% of Site3. Storm Water Managementintroduces Topography to Site4. This is pretty cool – lets createberms so that storm water sheetflow on pervious areas ismanaged/guided to “water” allgrass areas Kevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesSeptic System 1Leaching Field - Before and Afterbeforebeforeafterafter
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesBioretentionEntry Statement via Choreographed Sequence
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesBio Retention BasinDevelopment of Central Design Elementafter 1before 1before 1.5before 2
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesIntroducing TopographyThe Power of a Bermafterbefore
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesIntroducing TopographyThe Power of a Bermbeforeafterbefore
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesRain GardenEvolution of Final Gradingbefore after 1after 2 after 3after 1
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesLID Inspired Details
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesAfter our meeting I had anidea……Mass TechnologyCollaborativeGAHI via DHCDInclusion of Photo Voltaics
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesEnergy Analysisto DetermineEnergy Star/Energy EfficiencyProgram –Projected Savings = $1,000per Household per Year
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesEnergy EfficiencyEnergy Star Certified – HERZ 42
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsLID Metrics to Date1. ReCirculating Sand Filter – Effluent LevelsBOD - 8.4 mg/L vs. 30mg/L*pH– 6.13mg/L vs. 6-9 range*Nitrogen (incld Ammonia)– 8.8 mg/L vs. 25mg/L*Total Suspended Solids - 2.0 mg/L vs. 30 mg/L**effluent limits per 310CMR15.202 (4) (a)&(b)2. Water Usage (June thru September)Wayland Per Home Standard = 2700/gal/mthOxbow Home to Date = 430/gal/mth(common & private)3. Average Electricity Usage (June thru August)Per Home Estimate = 220/kW/mthOxbow Home to Date = 140/kW/mthKevin MaguireFounder, Building Initiatives
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives1. Conversion of Abandoned Missile Site2. Workforce Ownership Housing for Familiesearning at or below $90k/yr3. High Density Cluster Housing in an R-40Neighborhood (16 units on 2.75 acres)4. Title V Alternative Technology for Septic w/inZone 2 Acquifer Protection District5. Town Initiated Development Utilizing CPAFunds6. Integrated Alternative Energy HERZ = 427. Utilizes LID as Central Site Design Element8. Turning Technical Constraints into CreativeDesign Solutions9. Hopefully a Proud, Humble and ElegantNeighbor to Existing Neighborhood Homes10. Sold Out on Schedule with Savings Returned toTown89 Oxbow is Many Things:
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building Initiatives1. Clear Principles Identified byLocal Community2. An Opportunity for variousIndividuals to suggest Crazy/Creative Ideas-Town Departments-State Administrators-Design Professionals-General Contractor-Management Company3. The Beneficiary of theMomentum of Opportunity4. A Built Project to See andTouchIn a Very Simple Way…
  • The Momentum of Possibilitythe Residences at 89Oxbow Waylandthe Residences at 89OxbowWayland, MassachusettsChallenge to the GroupWhat are the On the Ground Issues that Need tobe Addressed??Forward Thinking on How to Deal with SepticNumber of Private Systems Reaching End of Useful LifeMany New Systems Require Upgrades to Title V StandardsCan the Planning Community Work to Identifythese Issues and Encourage Pilot Projects??Kevin MaguireFounder, Building Initiatives
  • the Residences at 89OxbowWayland, MassachusettsKevin MaguireFounder, Building InitiativesThankYou