Department Of Urban And Regional Planning

In 1969, Massachusetts fashioned the law 40B, famously referred to as the “Anti-Snob Zoning Act”, which allows developers to bypass land use restrictions in towns where less than ten percent of the housing meets the state definition of affordable. There are multiple positions and solutions to friction in Massachusetts largely inspired by controversy surrounding the State's affordable housing law, Massachusetts General Laws chapter 40B between housing advocates and open space advocates. This thesis reviews and critiques the current law, and diagnoses various legislative proposals for the progressive feud.

The cities and states that use eminent domain to acquire land in order to keep

“Racial tension became paramount as city officials promoted and perpetuated racial division by supporting segregation and discrimination in housing, employment, and social services” (Massey & Denton 39). Various types of residential controls contributed to the problem of residential segregation. One such tool for segregation was the establishment of zoning. Zoning was introduced in New York City in 1916 and encouraged by the U.S. Department of Commerce through the publication of the Standard State Zoning Enabling Act in 1922. Zoning proponents argued:

Another important court case, Gibbons v. Ogden, happened in 1824. Ogden controls a ferry business in New York. However, because of the Eerie Canal, Ogden can travel to other states, which would be interstate trade. Gibbons, a person also wanting to create an industry in transportation, decides to sue Ogden. Gibbons wins, and this case creates national supremacy over interstate trade.

First, rezoning action is quasi-judicial in nature, subject to strict scrutiny on certiorari review. Second, a landowner who demonstrates that proposed use of the property is consistent with comprehensive plan is not presumptively entitled to such use. Third, a landowner seeking to rezone a property has burden of proving that proposal is consistent with the comprehensive plan, and consequently burden shifts to the zoning board to demonstrate legitimate public purpose of maintaining existing zoning classification. Finally, the board is not

In the Lucas case property was purchased on the costal area of South Carolina. When Lucas purchased the property he had the intent to build single-family homes. Under the understand of the regulation that he could not build with in three- hundred feet form the

The case of Kelo vs. City of New London generated major controversy that reached its way up to the Supreme Court. In addition, it has been the first major case involving eminent domain since 1984. Eminent domain is defined as “the right of a government or its agent to expropriate private property for public use, with payment of compensation”. The City of New London approved a development plan in 2000 that was “projected to create jobs, increase tax and other revenues, and to revitalize an economically distressed city”, according to the Supreme Court of Connecticut. In almost all economic development, development agents purchase property from willing sellers. When it comes to property owners who are a little more reluctant bartering over their

Barney’s case differs from the Kelo case in that the intended use of the property is not for the use and benefit of the general-public, rather for the benefit a “particular class of identifiable individuals” (KELO V. NEW LONDON (04-108) 545 U.S. 469 (2005) ). In the Kelo case, the eminent domain was executed under the guise of stimulating the local economy and increasing jobs, in addition to the elimination of alleged blight. Further, the Kelo case pivoted on the constitutional condition that this development be for ‘public use’, which is in my opinion a stretch of the intended cushion in this statement. Not only was this not for public use, it was not even developed.

A zoning ordinance was adopted by the Village of Euclid on November 13, 1922 which divided the village into multiple districts and specified exactly what type of buildings were to be built in each district, specifically the use of buildings and their height and FAR. Ambler’s land spanned multiple districts of land and so Ambler’s ability to construct buildings on its land was severely limited, per the zoning ordinance. Ambler claims that this restriction has reduced the market value of their land from $10,000 to $2,500 per acre.

The public hearing that potential would involve the family unit, was the rezoning of 693 acres, so that development of a residential area. The residential area is located by Almaville Road and Independence

The local government may be aggrieved entitling it to appeal a decision from its own board of adjustment. The same is true of officers in the local government charged with supervision of the ordinance who believe the government made an error. In the Township of North Brunswick v. Zoning Board of Adjustment of the Township of North Brunswick and Kaplan Companies case, Kaplan Companies wanted to build a four-story luxury apartment building with 85-units for senior citizens in North Brunswick Township’s R-2 Zone. The building would be constructed on a plot of 3.66 acre land located along the side of a collector highway. According to North Brunswick Township’s Master Plan, only detached single-family houses of no more than thirty feet in height were permitted to be constructed in the township’s R-2 zones and no more than 2.9 houses could be built on each acre of land. In 2003, the Zoning Board granted Kaplan Companies the right to construct the building, believing that the new residence suited the location, but North Brunswick Township believed that the zoning board of adjustment completely ignored the zoning history of this land. North Brunswick Township sued zoning board and Kaplan companies. The Superior Court of New Jersey, Appellate Division held that the zoning board had assumed North Brunswick’s zoning authority by granting variance for building that exceeded limitations in a residential zone. The Zoning Board’s action had the effect of rejecting North Brunswick

The Urban Renewal act was a housing plan the government came up with to fix slum areas for the better part of society. The idea was to rebuild the slum parts into a better living are for the people and a better environment. The government was funding the project to have the homes built. Thus the project in Pruitt-Igoe. This was a common good movement because there were many people in the city who did not have a place to live. The people in the area were unsafe and the project was to build a place to have an affordable safe housing. The housing and people, who lived there, were not being discriminated. They could be any one, black white, American etc. or not to live there.

This is where NIMBY is introduced. NIMBY, which stands for “not in my backyard” is used to 1. “Express opposition by local citizens to the locating in their neighborhood of a civic project.” Some examples of these “civic projects” are: a jail, garbage dump, drug rehabilitation center, or anything that the community considers unsightly, dangerous and likely to lead to property values decreasing. From this is how they derived the compensation and eminent domain laws.

Question #2: The Deputy Director of Engineering and Planning requires the ability to interact with all types and levels of individuals including, but not limited to: the public, rate payers, county officials and county staff, other governmental officials, developers, contractors, lawyers, engineers, Engineering and Planning staff, Service Authority staff, etc. Given this level of interaction and the delicacy of the work led, managed and administered by the Director of Engineering and Planning we are seeking a candidate with aplomb, political astuteness, discretionary judgment and honesty, as well as a candidate who possess the technical knowledge, skills and abilities for the position. In two pages or less, please describe the most

The effectiveness of urban planning is the key factor in regulating villages and settlements uncontrolled informality. The main objective is to Plan an integrated and sustainable human settlements that demonstrate a certain amount of resilience towards to increase environmental, social and economic challenges and improve the rural community quality of life.