Why we need to rezone Peabody

Peabody, the entire City, not just the downtown area, needs a comprehensive rezoning plan. There has been much too much activity such as requested by the Walnut Mart to rezone their property (from Industrial to Business Central) in order to be allowed a liqour license. They now are requesting an amendment of the entire Industrial zone to include selling liquor and non-profit clubs.

In my view, this is clearly an example of Spot Zoning*, which is illegal in Massachusetts. Of course, the burden of proof is on the person alleging spot zoning, not the person seeking the zoning change or the City agency granting the change.

What is spot zoning?

Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. For example, a park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents.

In some areas of the country the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use-zoning plan or in an overall zoning scheme for the community. Whether the exception carved out is reasonable and supported by the facts, often turns on public interest, the effect the spot zoning has on the current uses of neighboring properties, and any ramifications created by the zoning.

The best way to combat the further abuse of this system is to reevaluate the entire City and to set out new zoning requirements and restrictions that meet the current needs of the community for today and the foreseeable future. This will seriously lessen the need for anyone to come forward and demand that they receive special treatment - especially when they have a high priced lawyer standing by their sides.

And YES, this would certainly include REZONING DOWNTOWN in such a way to make it a viable place for the next 50 years... instead of the last 150 years.

* Note: This link is to a big document of Massachusetts law.