Abutter of big development project in rural area... what to do?

[RecipeForDisaster]

We, and all of our neighbors, got lawyer’s letters that we abut a large proposed development. We own a quarter mile deep towards them, and it’s all wooded, 12 acres. We take our horses out there, snowshoe, walk, etc. Next door has a tiny shooting range. It’s VERY quiet and that’s a big part of why my parents chose this wooded parcel in the '60s. Thank goodness we built towards the street and not further back (many neighbors are deeper in). No development behind us. The next street is about a mile "deep", so this will go back far. There is a motel there that they want to replace with a bunch of townhouses. I feel very vulnerable in the back of the property... we are a very trusting community and while we do lock cars, the house, and stuff, if you looked a little bit in the barn or under the deck, you’d find some nice things to steal. Heck, even light pollution concerns me. It’s super dark now.

I can’t even be at the Zoom meeting (will be on a ferry). I know my neighbors will fight as hard as they can. Should we write letters, start a petition... ? I am not great at putting this into words. We have a big glut of real estate in my area anyway. There are developments (some still being built) all over the state and every type of house already up for sale. We don’t have nearly enough woods left!

We just had a forest management plan and Audubon bird management plan written. It assumes the total wooded area (combined with adjacent parcels) will remain as it is - we had no idea the acreage might be cut. We would not use it, but the wildlife uses that to judge if it’s a good place to live, if that makes sense. So, the total for them might be 100 acres all together, and this project would cut that by a lot. Of course we can’t tell others what to do with their land, but everything in the area is a 2 family (mostly on big parcels) at most. There is a new development about a mile away that was fought hard.

[Zoidberg]

Had something similar happen to a neighborhood I lived in when I first evacuated up here to Central AR from New Orleans for Katrina. About 2 years ago, +/-, it was announced that a big plot of land abutting the little country-esque road was being sold to a trucking company to develop as a distribution warehouse.

The area is near the interstate (I-30 E/W) so it was desirable, but they were buying the land behind that plot -- i.e., they were going to develop the land on the subdivision side, not the service road side, which would seem to make more sense.

The neighborhood fought for the two years and they started clearcutting while things were still being argued. Once they started with the survey of the building layout, it was a done deal.

Now, if you dig a little deeper you find out why that plot got sold rather than the service road side: a councilman owned the land that was closer to the subdivision. It got rezoned quietly. It all stinks.

They tried to do something similar to the land behind the subdivision I live in; about a block away, there was land that was originally being developed for a small subdivision (which failed; long story); my neighborhood soon discovered that someone was pushing through a permit to build a multi-story 8A apartment complex on the land. I have no dispute with the need for 8A housing but, first, it would be several subdivisions in, so traffic would be untenable and second, there is a multi-year moratorium on apartment building in the city (there's a large glut of apartments).

Again, digging, you find out that it was the former mayor's uncle who was going to build the complex and profit from the situation, so he was getting her (the mayor) to push through zoning changes and a special exception for the moratorium. Luckily, several lawyers live in my subdivision and jumped all over it. One told me they had some information regarding the mayor's tenure that would change the situation and, sure enough, it got shut down pretty quick once it all came to light.

Good ol' boy politics & profiteering is alive and well.

[rz]

Good luck with that. Developers usually have mighty deep pockets, and fighting them can be very difficult. Doesn't matter if 100% of the neighbors are against it. If they've already offered to contribute to the local officials' campaigns, you won't stand a chance.

[RecipeForDisaster]

I just realized that people new to town usually complain about livestock sounds and smells. Our horses... two doors down's chickens, alpacas, etc.

We have a well we want to protect, too. There is no city sewer or water here.

This was actually brought up a few years ago as a much smaller project, and we were not abutters then. Somehow the town or abutters fought it off then.

We don’t even have a mayor, just a town council.

That’s a pretty disheartening story, Zoid. I can’t imagine if there’s noise back there. I can barely manage the occasional road noise in the front...

[anonymouse1]

Based on Zoidberg's story, I'd want to ask "Have you had any discussions with or do you have any knowledge of any local current or former politicians who own either this property or nearby property.

Who owns the property now?

[rjmacs]

Talk to the town council, if they have authority over the land's zoning. Try to figure out who, if anyone, is sympathetic to your plight and make friends. This is why it's good to be involved in local politics before this stuff happens - once you're finding out about the sale and re-zoning plans, it's often too late because someone else has already made friends with and promises/contributions to politicians.

If you don't find sympathetic representatives, think about who might be vulnerable and what seats might be contestable in the next election. Zoning and permitting can take time, and a change in office-holders can result in changes in those process outcomes, too. Just be aware that you're fighting folks who do this full-time for a living, and it's not going to be easy unless you can afford to outsource your fight. Think about consulting Audubon and environmental orgs, to see if there are viable strategies they can recommend.

Good luck!

[C(-)ris]

Good luck. It isn't your land, and transitioning from farm land to housing isn't viewed as a big stretch in the grand scheme of things. If they wanted it zoned commercial or industrial that would be a different story. As was said, you can't prevent people from doing what they want with their land.

Same advice I give to "Historical societies, preservationists, and loners": Put your money where your mouth is and buy it if you don't want it to change. OR put your money where your politicians mouth is in some cases, but if you do that you will need to keep feeding it.

[rjmacs]

C(-)ris wrote:
Good luck. It isn't your land, and transitioning from farm land to housing isn't viewed as a big stretch in the grand scheme of things. If they wanted it zoned commercial or industrial that would be a different story. As was said, you can't prevent people from doing what they want with their land.

Sure you can. It happens all the time. You just need the people in charge of whether it's allowed to take your side. It also depends on the jurisprudence of the state and locality where you are, but owning land doesn't automatically entitle you to do with it as you like. People get turned down all the time for re-zoning applications, and it's often for reasons that don't seem remotely fair, like 'preserving the character of the county,' or, 'protecting the scenic natural landscape.' Local issues are often decided by local boards or councils, and appeals are heard by local judges. It's rare to win a case on environmental grounds, albeit not impossible, but winning over local decision makers stifles development - all - the - time.

C(-)ris wrote:
Same advice I give to "Historical societies, preservationists, and loners": Put your money where your mouth is and buy it if you don't want it to change. OR put your money where your politicians mouth is in some cases, but if you do that you will need to keep feeding it.

It's not always about money, either. Local politicians often want to be popular and re-electable, and will reject newcomers to protect constituents if it means keeping a winning status quo. Remember - new development means new residents, and new residents often want new things, bring new ideas, and can sweep the old guard away in their zeal to remake the area in their image. That's not about money - that's an external threat to officeholders.

[RecipeForDisaster]

It’s never been for sale as far as my family ever heard. I believe it’s owned by the motel. We definitely would have bought it, or my parents would have.

Good idea about Audubon or maybe the land trust.

I'm involved in local politics and even considered a run for town council. I did run for welfare director and have served on town council subcommittees for decades. Volunteering since I was a teen didn’t hurt. I’ve lived here all of my life and know what I feel like is everyone who’s been here a while.

I forgot that their well has historically come up positive for TCEs for generations from prior manufacturing nearby. Our well is clean for now. This was not farm land (our property once was) but just undeveloped woods with everything from wild cranberries to huckleberries to bears to red fox on it. We had a 10 minute bird survey done which identified 26 species!

There IS a town zoning committee - I think what they’re doing is putting in low income so that they can skirt those rules.

[WHiiP]

Make sure that your boundaries are clearly marked in BIG LETTERS. They will most likely try to trim/cut down within YOUR property. Trust no one!