Posted by Jeffrey R. Parenti, P.E. on March 31, 2010
With the latest disaster at Billerica Mall, the debate about what to do with the place has ignited again. It’s the same old fight — one group blames the Planning Board and the abutters for defeating the Home Depot project while the other bashes Town Meeting for failing to pass mixed use zoning.
This is a good time to compile a set of answers to the arguments that people often make against mixed use in Billerica Center.
You are an elitist/know-it-all/so-called expert/You think you are better than everyone else/You don’t know what you are talking about/You’re just a blow-in/You have something to gain.
Let’s dispense with this one first. As a rule, I ignore personal attacks, but in this case there is a question of trust. I do want the community to respect my opinion on land use planning. Otherwise, it is a waste of my time to comment.
I have no more financial interest in what happens to zoning in the Center than any other private homeowner who lives nearby. I only want to see our Center become a more pleasant place to look at and to spend time in.
As for sounding like a know-it-all, that is a risk I take. There are few ways to speak with confidence about any subject without sounding like a show-off to some people. I cannot help that.
However you want to look at it, I do have a great deal of experience and knowledge in this area. I have around15 years of experience in the land development business, either as a consultant (earlier in my career) and from the perspective of municipal government staff (see my full bio). I have worked on about 250 development projects, ranging from tiny to enormous. I have worked with (or against) developers of all stripes. Aside from my professional interest, I enjoy reading about the past, present, and future of the American suburb (see the bookshelf).
In summary, I have a lot to add to the discussion about how to improve the form and function of the town. I hope reasonable people see my involvement as an asset, not a threat.
Show us a plan first, then we’ll change the zoning.
No developer — especially in a bad economy — can afford to do this. It is a an an expensive gamble for a developer to propose a project to a community, especially one as divisive as ours.
In my rough estimation, the Home Depot team spent around $1 million on lawyers, architects, several types of engineers, security experts, meetings, travel, supplies, and other miscellaneous costs on their proposal. The process took more than two years and included one major revision and a handful of minor ones. Just one PB hearing alone would have cost tens of thousands of dollars.
What was their return on investment? Zero. And they didn’t even have to go through TM.
The HD team must have gambled that much money because someone in a leadership position told them obtaining a permit would not be a problem and they stood to make a fortune.
To ask another developer to take the same risk is folly. Who in their right mind would walk into TM with a expensive proposal, needing a 2/3 majority for a zoning change from a body that doesn’t know what it wants? It’s suicide.
Wouldn’t you take your project instead to a neighboring community (pick one!) that has already amended its zoning code to allow for mixed use — a much safer, cheaper, and faster turnaround on your investment?
To break the stalemate in this staring contest, we must make the first move.
I don’t trust developers/Developers have hurt this town/We’ve had 30 years of bad developments
There are sleazy developers out there. Other aren’t. How do we attract the good ones?
Change the way we communicate with them. And the primary way towns communicate with developers is with zoning codes. Our zoning code is an outline for what we want built, and where. (Cynics in the planning field often say that zoning code says what we don’t want since they generally exclude particular uses — in other words, planning by process of elimination.)
Our zoning code — like many in the suburbs — is old and outmoded. Many zones are relics of the 1960s and 1970s, and times sure have changed. An example is General Business, the zone that takes up most of Billerica Center, including the Mall. This zone prohibits residential use and because of its ridiculously high parking requirement, the only way for a developer to make good money is to build a sprawling strip mall. So is it any surprise we attract bad developers with bad projects? Amend the zoning code, and we would have our choice of creative developments.
Developers are not evil. They are in the business of making money, just like your employer is. If the developer can make money while delivering us a project that we like and is good for the town, everybody wins.
I like the Center the way it is. Leave it alone.
The problem we get into with this argument is that we are talking about two different centers. Everyone loves Historic Billerica Center (Center Cafe — Common — gazebo — library — the building with the cobbler — first block of Andover Road, etc.). Some fear that mixed use will ruin this section. This a huge and unfortunate misunderstanding. Mixed use would preserve the look of this part of town, while making it feasible for land owners in the historic part to spruce up their buildings.
Meanwhile, I refuse to believe that anyone enjoys looking at Ugly Billerica Center (Mall — Convenient Plaza — used car place — mound of dirt across from Friendly’s). This section features broken-down pavement and curbing, no sidewalks, hideous buildings, too many driveways, traffic, and nothing interesting to look at. This section is where we can see major improvements under mixed use.
New projects in the Ugly part would use visual elements of the Historic part that we like so much.
There won’t be anywhere to park
This puzzling and common fear can be answered simply. No developer will propose anything that would have a shortage of parking. The developers gain nothing by not having enough parking spaces for retail or office tenants or residents. In other words, the developer cares 10 times more than you about this issue. So fear not. You will be taken care of. You will have a place to park.
They’ll build two stories of apartments on top of the Mall or O’Connor’s
This is absolutely false for two reasons. The first is merely structural — no one (except maybe Fenway Park) slaps two heavy building stories on top of a structure that can barely support the weight of its own roof (see Bllerica Mall).
Second, you can’t make any money doing it. That’s why in your travels across this great land you have never seen apartments on top of a strip mall. You would have have to sink a lot of money into altering the first floor anyway (to accommodate egress the dwellings, the Americans with Disabilities Act, etc.). It’s much cheaper to tear down the existing building (which is old to begin with) and build an entirely new structure.
It will generate too much traffic
Almost all growth in the town center would be what planners call “infill.” That is, replacing old buildings on “underperforming” parcels with modern ones. There are few empty lots in the town center generating zero traffic today.
What this means is that we would be knocking down buildings — that generate traffic today — rather than just putting up new ones in empty lots. If we can replace old buildings that generate a lot of traffic with new ones that generate less, we can actually reduce the amount of car traffic in the town center.
Transportation engineers have been studying how different types of land uses generate traffic for decades. This experience is compiled in an industry-standard reference called “Trip Generation,” and its three-volume eighth edition was just released.
Not all land uses generate traffic at the same rate. There are some very high generators and others that are much lower. Here are some examples:
| Land Use Type |
Daily trips per 1,000 square feet (approx.) |
| Residential |
5 |
| Office |
10 |
| Retail-only shopping mall |
50 |
| Pharmacy w/drive-thru |
90 |
| Fast food w/drive-thru |
500 |
As seen in the table, there is a very large difference between higher traffic generators and lower ones. A fast food restaurant with a drive-thru window attracts 100 times more trips per square foot as a residential building. Retail is a relatively high generator: the Home Depot mall would have produced nearly 20,000 trips every day. Part of the reason why there is so much traffic in the town center today is because over half the land use among the parcels inside the center is retail.
The bottom line is that if we trade away some high-generating retail space in favor of lower-generating residential and office, there will be fewer car trips and therefore less traffic.
Fix the roads and the traffic first
Public roads and private land must be planned together to manage traffic, create a walkable environment, and maximize safety for everyone. Billerica recently received some money for redesign of Boston Road in the center. (The town has already held its first meeting in association with this work, although it was very poorly attended.)
With mixed use and a re-engineering of Boston Road on the horizon, this is a tremendous opportunity for us to totally improve our entire center, including the roads and sidewalks. I am a professional transportation engineer with nearly 15 years of experience improving roads and intersections. I would very much like to volunteer my knowledge to help fix Boston Road. I have some concrete ideas and I have already met with the Town Engineer (Kelley Conway) to start brainstorming. Again, rather than complaining about traffic, we should take full of this opportunity we have before us.
It will use too much water
This answer is similar to the traffic question. Existing uses (such as the car wash) and former proposals (like the ¾-acre Home Depot garden center) use a tremendous amount of water. Water use in compact mixed-use buildings would likely be less than what we have today. One big reason why the EPA strongly endorses Smart Growth projects (such as mixed use) is because they are generally “greener” and use less natural resources, including water.
Many recent mixed-use projects (including the new residences in Lexington Center) are LEED-certified green buildings. We should demand the same in Billerica.
You can’t re-zone so many parcels at once. It’s too scary.
First, just as a reminder. The mixed use district would be an overlay so this would NOT be a zoning change. The existing zoning of each parcel remains in place.As an overlay, it provides additional option for each landowner in the district. It takes nothing away from any land owner.
Now to the question, I would say the opposite. To upgrade each parcel, one at a time, is poor planning. Any professional planner (including our own Town Planner) will tell you that the whole point of land use planning is to take a look at an entire area and think about how you want it to look and how you want it to work. We want each proposal that comes in to fit into an overall long-range plan, so that design standards and details like materials, signs, lighting, etc. are uniform. If these projects come in rag-tag with no direction and they don’t relate to each other, we end up with a town center that looks like it was thrown together at random. And maybe most importantly, it sets an outline for developers that describes what we are looking for as a town before they even hire an architect and start drawing their proposal.
All we really need to do is rebuild the Mall.
We certainly need to tear down Billerica Mall, as soon as possible, before the roof collapses and someone gets hurt. Or mold makes dozens of employees ill. Or some other disaster happens there. The building should have been condemned years ago. But simply building a new version of the old Mall isn’t going to work, for reasons including:
1. The recession has completely changed retail development. Fewer developers want to build overgrown strip malls now and there are close to zero banks willing to fund them. (Funding for the new malls on Main Street in Wilmington was secured before the recession.) This is in part because big box retail is not a risk-free prospect anymore — witness the utter failure of Linens ‘n’ Things, Circuit City, Tweeter, KB Toys, and Home Depot EXPO, to name a few, in the last few years alone. Lenders and developers want to diversify a little bit now, and they are either expanding established malls (Simon-owned malls like Burlington) or building new “lifestyle centers” like Patriot Place or Legacy Place in Dedham. Lifestyle centers are pedestrian-friendly and feature entertainment and fine dining.
2. Abutters don’t want 350,000 of retail in their neighborhood. Period. They organized and opposed the last such proposal en force, and will again even if a developer comes forward with some other retail-only proposal.
A 1980s-style strip mall is unimaginative and creates more problems than it solves. An idea appropriate for the 21st century — that will be here for decades — is what is required.
Look beyond 480 Boston Road, too. In land use planning, all it takes is one parcel — and often a small one — to rebuild first, and the rest will follow. So we improve our chances of the Center taking off dramatically if we open up several parcels to creative development rather than just one.
It’s too easy to build. It’s a blank check for developers.
This argument is backwards, and dangerously so. Consider two different projects below, a Wal-Mart coming in under General Business zone (the existing zoning) and a mixed use proposal under the overlay district. Because of the Special Permit process required by the overlay, the mixed use proposal would receive far greater scrutiny than the Wal-mart would:
|
Wal-Mart with General Business |
Mixed use project with overlay district |
| Review by Town Meeting |
No |
No |
| Review by Planning Board |
No |
Yes, under Special Permit |
| Opportunity for public input |
Almost none |
Yes, at several stages |
| As-of-right development |
Yes |
No |
| Level of mitigation expected |
Low |
High |
If Wal-Mart walked into Town Hall with plans for one of their standard warehouse stores in hand, they would walk out with a permit in a few months. That’s because a Wal-Mart fits within the General Business zone, and would therefore be “as-of-right.” This is another way of saying they are within their rights to build it as per current zoning. Even scarier, 480 Boston Road is big enough to squeeze three Wal-Mart stores onto.
Too make another comparison, it would be far easier to build a Wal-Mart in a General Business zone than a 40B apartment complex, and we know how fast those get through.
Put another way, developers have less power with mixed use zoning, not more. Mixed use returns development power back to the citizens, where it belongs.
I don’t trust the Planning Board.
Town Meeting is not a land planning body. I recognize TM (and only TM) has the power to alter the zoning code. But the planning segment belongs to the PB (and the Master Plan). That’s why we have the PB — and a professional planner (Peter Kennedy) on staff, I might add. And a Master Plan. If TMMs don’t trust the PB (or any other boards or commissions) than we have bigger problems. If we do not trust the Town Planner, we should wipe out the planning department altogether, since he is wasting his time and our tax money.
PB members are elected. If we truly do not trust them to handle the Mixed Use Special Permit process correctly, we are free to vote them out of office and replace them with people we do trust.
There will be too many school kids.
The residential component of mixed-use developments would most likely be studio and one-bedroom apartments or condominiums of between 800 and 1200 square feet. Some may be two-bedrooms. These dwellings generally attract young professionals, empty-nesters, and retirees — in other words, few children.
Besides, the mixed-use zoning language explicitly allows the PB to set the number of bedrooms, which should directly affect the number of children.
It’s too dangerous for children to live there.
The largest-scale mixed use community in the US — Manhattan — has tens of thousands of children. If New York parents thought the city was too dangerous for their precious kids, they would run screaming to Long Island and Westchester County. They don’t, and kids live healthy, happy lives in the Big Apple.
What we are thinking about here in our own Billerica, is on a much smaller scale. In addition, mixed-use features plenty of open space, much of which will be used for parks and playgrounds, safely far away from the road.
Besides, the market will decide this. If parents don’t want their kids playing in Billerca Center, they won’t move there, which solves the problem in the previous section.
Mixed use might be applied in places outside the center.
It might. But TM will have a chance to vote on that, too. And if abutters speak against such a proposal, I can’t see many TMMs supporting it, if any. Without the neighborhood’s support, trying to expand mixed use to places outside the Center would have no chance of getting 2/3 of the votes.