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By Gosh, It's a Bylaw By Andrea Cooper, CZM Open Space Residential Design (OSRD) is an important component of "Smart Growth" that, when incorporated into a local bylaw, paves the way for developers to design and build new residential subdivisions that reduce the impacts of stormwater runoff, preserve open space, and protect unique habitat. As one can imagine, introducing a concept that changes the way subdivisions are built and land is used—not to mention getting towns and cities to buy into it—takes a lot of time and planning. Between 2000 and 2005, the "Green Neighborhoods Alliance" championed the OSRD model to 19 towns and two cities in Massachusetts and all adopted bylaws (or, in the case of cities, ordinances). This statistic on its own is impressive enough for people to ask us, "How did you do that??" To answer that question, we need to begin where it ends: the Town Meeting. Rarely found outside of New England, these are meetings where residents decide upon issues that will impact their lives. (For a comprehensive explanation of Town Meetings, see What Is a Town Meeting? If you are a registered voter within a Town Meeting town, you can think and act locally by just following established practices for placing an article on the ballot. (And you can have a say in the ballot's outcome.) As the history of Town Meetings in Massachusetts demonstrates, however, there is rarely such a thing as "just," at least not when it comes to implementing real change or passing bylaws that will affect how people can develop and use their property. So where to begin? If you're committed to seeing your article become a bylaw, you carefully lay the groundwork for at least a year prior to even bringing it up for vote in Town Meeting. As CZM's North Shore Regional Coordinator, and founding member of the Green Neighborhoods Alliance, I learned, thanks to shared wisdom of many others, how to get bylaws passed that, quite literally, have changed the face of several North Shore communities. When attempting to get a bylaw passed, the most important thing is to develop an outreach strategy prior to the Town Meeting. You don't want to be on the defensive. By the time your bylaw is brought up as an article for voting, you want to be sure it's going to pass. To do this, you need to find out who the towns' movers and shakers are. If they have issues with your article, invite them to attend a public forum where the issues will all be addressed. When they understand your article, ask them to vocalize their support to neighbors and friends. Do be careful of the people who come "out of the woodwork" to support you. Remember: just because someone is eager does not guarantee they'll be an asset to your cause. Once the prospective bylaw has been brought into public consciousness, hold public forums (any resident can do this in a library or other public building and it allows people to express concerns and ask questions). It's really important to listen carefully to people's concerns; you want to find out what your obstacles are and who needs to have their obstacles addressed. It's also important know which community institutions need to be on board—the Historical Society, the Neighborhood Association, Mother's Against Drunk Driving, the Coffee Klatsch at the local diner—in order for something to pass. You can't just generically address different factions, you have to figure out each groups' specific concerns and allay their fears by explaining how your proposal will help rather than harm their life and the community. When it comes to outreach, it's crucial to have a strategy to reach as many people as possible. Use the press—Letters to the Editor in the local newspaper is a great forum, people actually read those, especially in small towns. You need to get the word out and explain the positive benefits of your bylaw to people. If they don't know how it's going to help them, they aren't going to care if your article gets passed or not. You need to make them aware, make them care. If a developer thinks a part of your proposed bylaw is going to make things more difficult, you need to research that and outline the positive benefits they'll experience. Along with Kathy Leahy of MassAudubon, North Shore developers, planners, and the Metropolitan Area Planning Council, we developed and distributed OSRD brochures and made presentations to everyone from neighborhood associations to the local chamber of commerce. You don't need a fancy brochure—just one that clearly explains the benefits. Anyone can hand out flyers at the town's busiest spots, like in front of the post office and the town recycling center—and don't forget those school events! In several towns where we worked to pass articles, the recruitment of those who would be directly affected by OSRD bylaws was critical. After key developers came to understand that this new kind of zoning would give them design flexibility, they became advocates of the plan and brought its message to others in their field. They helped immensely by being able to answer their peer's questions from a business and development perspective. I cannot emphasize enough how important it is to have those directly involved promoting the message. It's one thing for environmentalists to say, "We need to preserve the nice land for the birds!," but when you can get someone who's not a bird lover to explain the benefits of having preserved land in a community in terms of increased property values, adding buffers to existing neighborhoods, and shorter roadways for the town to maintain, those who might not care about the birds will listen. Before Town Meeting, it's a good idea to hold a second public meeting just to make sure that all issues and potential issues have been addressed. Open with a statement explaining how this particular bylaw resolves formerly identified issues Have a cheat sheet and don't be afraid to refer to it. You don't want to forget to address any of the concerns that have been brought up previously or you'll lose your case before you even begin. In the case of OSRD, we integrated our environmental message with public health (preserving drinking water supplies), economics (cost-effective for the developer and taxpayers), and social (providing the community with walking trails and open space to meet and socialize in)—in other words, we had something for everyone so the message connected. After you've done all this, and feel confident that your article has enough support to pass, it's Town Meetin' time! Be sure to hand out fact sheets at the start of Town Meeting (they'll help refresh people's memory and give them something to do while waiting). When it's time to bring the article up for a vote, recapitulate your message (don't forget the cheat sheet!) and allay concerns. If at any time you sense a negative vote, it's time to exit gracefully. Remember: it will be easier to say, "I've heard your concerns and I move to postpone the vote..." than to reverse a negative vote. Town Meetings are a great place to affect change. The average person can make a profound difference in their community. All you need is a plan, a quorum, and an issue you feel passionate about. Andrea Cooper is the Smart Growth Coordinator for the Executive Office of Environmental Affairs and Massachusetts Office of Coastal Zone Management. She continues to champion OSRD and other principles that protect the environment, preserve open space, and reduce pollution in Massachusetts. | |||||||||||||||||||||||||||
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Boston, MA 02114