Let's Stop Affordable Housing Right Now!
from Waltham News Tribune

WALTHAM -- Pro-development forces have undertaken a last-ditch lobbying effort to stop Waltham's pending Wetlands Protection Ordinance from being passed Monday night...The ordinance is a more stringent version of the state's Wetlands Protection Act, but Bibbo said, "it doesn't mirror (the WPA), it exceeds it by 50 percent."

What better way to promote affordable housing in Waltham than exceed state requirements for wetland protection by 50%.

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Wetlands Protection Ordinance opposed by developers

By Joshua Myerov / Tribune Staff Writer
Friday, December 5, 2003

WALTHAM -- Pro-development forces have undertaken a last-ditch lobbying effort to stop Waltham's pending Wetlands Protection Ordinance from being passed Monday night.

Land surveyor Raphaele J. Bibbo mailed about 1,000 letters, targeting residents who live near major protected wildlife areas, like the Charles River. The letter urges residents to call their city councilors and attend Monday's City Council meeting.

Addressed to "Dear Concerned Property Owner," the letter warns, "this ordinance will harshly restrict the freedom to maintain, let alone enhance private property."

The ordinance is a more stringent version of the state's Wetlands Protection Act, but Bibbo said, "it doesn't mirror (the WPA), it exceeds it by 50 percent."

Builders and others who oppose the ordinance say it gives too much power to Waltham's Conservation Commission and fails to give developers a fair and efficient method of appeal.

"It affects the average homeowners who live in (protected) areas," Bibbo said. "If they want to put an addition on, another bedroom, they have to go through a maze."

Bibbo said petitioners who "just want to do a simple addition" often have to spend $3,000 to $5,000 to hire the various consultants required by the commission. "It puts too much power in the hands of of a small group," Bibbo said.

Particularly burdensome, said Pigeon Hill Estates developer Ralph Amelia, is the provision that requires anyone doing major work within 150 feet of a protected wildlife area to come before the commission.

"While they're on a roll," Amelia said, "why don't they go for 10,000 feet. Why stop at 150."

Amelia also cited the provision that requires appeals be dealt with in court rather than before the state Department of Environmental Protection, as is currently done. Under the ordinance, Amelia said, filing an appeal could mean a lengthy court battle that goes on for years.

Amelia recently filed an appeal with DEP for the commission's rejection of his proposal to build a 22-unit development on Pigeon Hill. The commission said the development would endanger a nearby pond.

Conservation Commissioner Susan Brown said Bibbo's letter is "misleading and inflammatory," citing the sentence that reads: "It will be impossible to add, enhance or enlarge decks, porches, or walkways if your structure is within 150 feet of a resource area without first applying to the Conservation Commission."

"There is a list of exemptions," Brown said, which includes decks, porches and walkways. "It's curious that the writer of this letter has left out these exemptions."

The wetlands ordinance has been in the works for more than a decade, but only in recent months has it made significant headway. On Monday, the council's Ordinance & Rules Committee unanimously recommended the full council approve it. The committee spent months tweaking the ordinance's language, working especially not to overburden single-family homeowners.

posted by prof_booty | 09:53 AM