Community Opposition To Development Is Common, But There Is A Way Forward

When a commercial development kicks off, it isn't uncommon for it to meet with, or even be derailed by, opposition from the community. Across the U.S., some of these community concerns include changes to the local landscape and increased traffic.

Often, the best response to pushback on projects is to address objections with transparency, said Sullivan & Worcester partner Gregory Sampson. Attorneys can work with developers to assemble and present the information to have the best chance of success.

“One of the most important things we can do is educate,” Sampson said. “We use well-documented sources of information to present a fair and objective response. Our track record of moving projects forward shows this is the best way to engage with people who object.”

Sullivan & Worcester serves a broad range of clients across a range of development industries, including a focus on multifamily and renewable energy. Its multifamily clients develop large buildings or entire developments. Renewable energy clients include solar and energy storage companies proposing large and medium-scale solar generation and storage projects. 

Objections to both types of development are common. Many renewable projects are in farming communities where old farms are no longer viable but where residents may be concerned about adding renewable energy and related infrastructure. 

Sampson said that in the Commonwealth of Massachusetts, some rural communities have expressed concerns about the aesthetics of the solar panels as well as the cutting down of trees to provide unfettered access to sunlight. 

“If you lose acres of forest to convert to fields for solar, this will create a change in the landscape, which is a viable concern,” Sampson said. “Other concerns relate to noise levels or environmental contamination, most of which are speculative and unfounded.”

Multifamily development attracts a similar level of objection, although developments are generally in urban or transit areas, Sampson said. Developments have to comply with local zoning regulations, and even when a proposed project complies, a developer might decide to downsize plans to reduce opposition from residents.

“The most common points of opposition we see focus on density and how developments change community character, as well as parking and traffic,” he said. “Other concerns include the addition of first-floor commercial space in a project that might not sustain it or the potential impact of development on local services, including school capacity.”

Whether a project is to build a multifamily building or a renewable energy source, Sullivan & Worcester takes the same approach. The team gathers relevant information to present the case objectively while connecting with local communities.

“I frequently pull together well-documented sources such as planning studies, master plans and reports from regional agencies,” Sampson said. “These have hundreds of real-case scenarios to compare with people’s supposed problems. In the case of multifamily, we can look at parking requirements and actual parking utilization. These can be very informative for local boards who think a project doesn’t have enough parking.”

The case is similar for renewable energy projects. If there are perceived concerns about contamination, Sullivan & Worcester brings in experts who can listen carefully and respond to specific objections with facts. 

Sullivan & Worcester often works with peer reviewers and town planning departments to make sure information is accurate and correctly documented, Sampson said. The team also engages directly with local residents and nearby landowners to address objections where appropriate.

“Several members of the Sullivan & Worcester team have positions on local boards and commissions, which gives a valuable perspective,” Sampson said. “Sitting on the other side of the table allows us to understand how it can be effective to present information versus simply having concerns dismissed.”

While there is frequently opposition to schemes, there is also a recognized need for development, Sampson said. There are concerns about the lack of multifamily housing across Massachusetts as well as the need for renewable energy and electrification.

“There have been efforts at the state level to address these problems, including the proposal of a siting and permitting reform package that would change how renewable energy is approved,” he said. “On the renewable side, statutory provisions provide a little more flexibility to create electric infrastructure, and a state process can overrule local zoning.”

However, a statewide need for these types of developments doesn't necessarily prevent prolonged fights and litigation at a local level, Sampson said. In all cases, it pays to gather the best information possible to alleviate people’s concerns in the first place, he said.

This article was produced in collaboration between Sullivan & Worcester and Studio B. Bisnow news staff was not involved in the production of this content.

Studio B is Bisnow’s in-house content and design studio. To learn more about how Studio B can help your team, reach out to studio@bisnow.com.