Preventing and Resolving Land Use Disputes

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Better negotiations.
Better decision making.
Better results.
Preventing and Resolving
Land Use Disputes
 Patrick
Field, CBI

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3. +
Stages of Land Use Approval
Means of resolving disputes that
arise in this process:

Educate, inform, persuade

Exercise power

Adjudicate rights

Reconcile interests

Build from and shape values and
identities

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Sources of Land Use Conflict

Quality of life issues

Values and identities

Environmental impacts

Defining community

Fiscal impacts

Uncertainty and the future

Fragmented and competing
jurisdictions

Communication and cognitive
biases

Procedural and institutional
issues

Constitutional issues

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A Sample Case: Maxville
In a relatively dense city of 60,000, a developer
proposes a mixed-use 350 unit development on
an old manufacturing site. The site is bounded
by a major city street between two business
districts on the south, railroad tracks to the
north, a tightly knit, working class neighborhood
to the west, and a narrow road with a bridge
over the RR in poor condition.
The development would be primarily 1 and 2
bedroom condominiums with 10% set aside for
affordable units. It will include limited parking
in a basement and first floor garage, given, the
developer claims, the increasing number of
young buyers who don’t want or own cars.

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Maxville (continued)
The neighborhood is up and arms. “Save our neighborhood
now” signs pop up across many lawns. People are worried
about traffic, affordability, and aesthetics. People are worried
about families with young kids adding to the already
overburdened schools. The mayor is accused of cutting back
room deals, maybe ones involving money changing hands.
The developer submits all materials on time and in good
condition. She asks for a fair hearing. She points out that with
cleanup and development costs, the development must be
both compact and dense. She also points out, at a certain
scale, she can improve the community with additional
amenities.

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What do you do?
 What’s the “problem”?

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Mutual Gains Approach to Land Use Conflict

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Guiding Process Principles
 Engage
early
 Listen and
learn first
 Build on
interests, not
positions
 Design and
build an
effective process
 Involve
few
many, not just a
 Learn jointly
 Use a
skilled facilitator
 Build relationships
long-term
 Be transparent
 Be responsive
for the

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Stages in the MG Framework
1.
Assessing and understanding
the stakeholders, issues and
interests
2.
Designing a process for
collaboration
3.
Facilitating deliberation
4.
Implementing agreements

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Assessing and Understanding the
Stakeholders, Issues, and Interests

Basic Steps in Assessment

Initiate an assessment.

Design the assessment.

Interview stakeholders.

Analyze and present the findings.

Decide whether to proceed.

Design the process.

Share the results.

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Beyond Assessment

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Designing a Process for Collaboration

Design the process with, not for the people.

Undertake an assessment.

Select the participants carefully.

Link collaborative process explicitly to formal decision-making.

Provide multiple forms of participation to ensure full engagement.

Ensure that technical support is professional, credible and
publically legitimate.

Set specific timeframes and deliverables.

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Designing the Process: Maxville

What should be the format for a community “dialogue?”

Who should pay?

Who should be invited to participate?

What should be the goals or desired products from the
dialogue?

What is the role of the City?

Do you need a facilitator?

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Facilitating Deliberation

Beginning Phase

Middle Phase

End Phase

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Facilitating Deliberation: The Beginning
Phase

Decide who will act as facilitator.

Establish norms of behavior and ground rules.

Balance confidentiality and follow open meeting laws.

Clarify how decisions will be made.

Create effective meeting agendas.

Use logistics to improve the chances of success.

Select the proper role for public officials.

Deal with parties reluctant to participate.

Engage the traditional and new media.

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Tips for Designing Effective Meeting
Agendas

Develop clear, specific meeting objectives.

Center opening activities on stakeholder interests, rather than
on technical presentations.

Engage people in specific tasks to keep focus and ensure
productive conversation.

Use a variety of techniques, such as setting up large and small
groups, “sticky walls,” round-robins, interactive seating
arrangements, and poster board sessions to make meeting
engaging and interactive.

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First Agenda: Maxville
 What would
be a good design for an agenda for
Maxville’s first meeting?

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Logistical Considerations for Meeting
Planners

What size room do you need?

Does the space have adequate heating or cooling for the time of the year?

Does the room have windows for natural light?

What would be the best room set up? (People around tables or in rows?
Space for people to socialize? Space for people to meet in small groups?)

Do you need a PowerPoint projector?

Do you need microphones and amplifiers?

What type of food and drink should you provide?

What meeting materials will you hand out?

How will you communicate with parties between meetings?

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Facilitating Deliberation: The Middle
Phase

Establish a constructive work plan.

Surface interests rather than positions.

Manage first offers.

Generate innovative ideas.

Deal with difficult people.

Build trust.

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Deliberation: Maxville

You already have a first offer from the developer (i.e., the
application): most everybody seems to hate it. What do you
do?

What’s the best way to generate a set of creative ideas on
scale, mass, aesthetics, community amenities, parking, traffic,
noise and other issues of concern?

How do you set realistic expectations for the community
about the economics/financing of development?

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Facilitating Deliberation: The End Phase

Use deadlines.

Generate packages of solutions.

Break through impasses.

Draft an agreement.

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Chapter 7: Implementing Agreements
 The Steps
of Implementation
 Incorporate the
agreement into a proposal.
 Advise the decision makers during the require
process.
 Monitor implementation.

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Monitoring Implementation
 Questions for Monitoring Implementation





Who will track the project activities and progress once the
plan is approved?
Who will communicate with stakeholders or the public
through what mode, and how often?
What happens if there is a key staffing change?
Will there be subsequent meetings?
What will happen if conditions change unexpectedly? What is
the plan for discussing that?

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Recommendations for Implementation
 Discuss implementation early.
 Keeps
lines of communication open throughout
implementation.
 Clarify roles,
responsibilities, and timelines.
 Decide on
timelines.
 Decide on
consequences.

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Maxville = MaxPak Somerville, MA
Maxpak Site
Community Planning Process
Concerns and Recommendations
Report
Design and Development Review Committee
Members
KyAnn Anderson
Joseph Balsama
Brad Bortner
Sean Carberry
John Field
Beatriz Gomez
Joseph Lynch
Asher Miller
Matthew Penney
Seth Read
Ralph Russo
Final
Conceptual Site Plan
Design of the MaxPak Site
How the conceptual design of the Maxpak site
complies with the Design Guidelines prepared
by the community.
KSS REALTY PARTNERS

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Stages in the MG Framework
1.
Assessing and understanding
the stakeholders, issues and
interests
2.
Designing a process for
collaboration
3.
Facilitating deliberation
4.
Implementing agreements