HEDS FAQ

What is HEDS?

The Highway Economic Development Services (HEDS) district is a proposed amendment to the Madison zoning regulations.  It is currently before the Planning & Zoning (P&Z) Committee and was drafted and submitted by a developer from New York.  It would establish a new type of zone (a "HEDS" district) that would allow virtually any type of commercial, retail and office spaces to be developed proximate to I-95 exit and entrance ramps.  The full text of the proposal can be seen here (PDF format).
 

Is HEDS a proposal for a building?

No.  HEDS is a proposed change to the current zoning regulations.  These regulations already have policies for commercial, retail and office space zoning.  HEDS basically creates a "free-for-all" area near I-95 exit and entrance ramps that can be used for virtually any purpose.  Any particular building development would have to go through the P&Z for approval.  However, HEDS would pave the way for developers to more easily develop these areas since they will all be zoned in accordance with HEDS, whereas currently none of them are zoned as such.  HEDS also makes it harder for the P&Z to reject any specific building proposal that falls within its very liberal restrictions.  In fact, once an area has been designated as a HEDS district the P&Z could be sued by the developer for not allowing any building within that area that meets the HEDS restrictions (if you want to know the exact HEDS restrictions, read the actual proposed amendment).

To compound this, the developer does have a second petition to re-zone the Hald property at the corner of New Road and Horse Pond as HEDS.  The developer's attorney and the P&Z's counsel disagreed about the timing of this and the P&Z board did decide at the February meeting to shelf the second petition since it was moot if the HEDS amendment isn't approved.  But this clearly shows that the developer specifically wants to convert this property (some 11+ acres) into a huge commercial complex and wants to change our zoning regulations to suit what the developer wants to build.

At the normal 20% building-to-acreage ratio, there could be potentially 2.2 acres of buildings on this site (that's just the building footprints alone, not counting parking or landscaping).  With a special exception of 35%, that could go up to just shy of 4 acres of building space!
 

When does the P&Z make a decision regarding HEDS?

April 19th was the scheduled meeting to hear public comment regarding HEDS.  For those that did not attend, we had an incredible turnout!  The P&Z had moved the venue to Memorial Town Hall, expecting a somewhat larger attendance than normal, but what they got was even surprising to us.  It is hard to estimate how many people attended, but it was probably around 300.  "Packed in like sardines" is the expression that comes to mind, and there were also people filling the lobby straining to hear. 

The Board gave a brief overview of the proposed amendment, then the applicant's lawyer spoke for about 10 minutes.  Our organization was given about 15 minutes to speak, but shortly after Barbara Chupp started presenting our legal brief, the town Fire Marshall arrived and cancelled the meeting due to public safety concerns (we do not fault the Fire Marshall for doing his job).  After some quick phone calls by P&Z chairman MacDougald to see if other locations were available, it was decided best by the P&Z to postpone the hearing.  The hearing is now set for Friday April 27th 7pm at the Polson Middle School Auditorium.

At the public hearing, the P&Z may decide to postpone, approve or reject the proposal at that time or any time in the future. 

What happens at the P&Z public hearing?

P&Z chairman MacDougald set the structure of the April 19th meeting as follows:  the applicant's attorney would explain the application for about 10 minutes, then our organization would be given about 15 minutes for a presentation, then the floor would be opened up for questions by the public for the applicant, then the floor would be opened for public comment for or against, then the applicant's attorney would be given 10-15 minutes for summary.  We have every reason to believe that the rescheduled meeting should follow the same format.

During the public comment part, that is your chance to voice your opinion and desires regarding the matter.  Typically, people raise their hand and are called on and have 2 minutes to comment.  We encourage people to be courteous, but firm, regarding their views.  But also be mindful that it is within the power of the board to cut the public comment session short if they feel that everyone is saying the same thing over and over.  It is fully within the legal scope of the P&Z to make a decision regarding this matter.  That does not mean, however, that we cannot convince the members of the board that this is not a good move for Madison and its future.  We would hope that the board members are open-minded and will realize just how deep public sentiment is regarding this proposal and will look at other development ideas that are more in tune with the public's wishes.   

 

What areas would become HEDS districts?

Any area "proximate to I-95 exit and entrance ramps" within Madison could be zoned as a HEDS district.  That includes exits 60*, 61 and 62.  HEDS does not refer specifically to exit 62.  "Proximate" is not defined but would be open to continual challenge as once established and then developed, these districts would push farther and farther out as its adjacent properties become "proximate".  In fact, the site on New Road is being considered as a suitable location because of the CL&P and Aramark buildings, even though the entire area is zoned residential.  The fact that these buildings are "proximate" to the proposed HEDS site is being used as an argument in favor of zoning the site as HEDS.    

*  Many P&Z board members stated at the March hearing that they did not believe that the language in section 6.1 of the proposed amendment would apply to exit 60.  However, the actual language is "The HEDS district is designed for properties proximate to I-95 exit and entrance ramps."  One interpretation of "and" could mean that both are required (an exit ramp plus an entrance ramp) and thus disqualifies exit 60 which only has an entrance ramp.  An alternate interpretation is that "and" could mean one or the other.  Thus because exit 60 has one of these two (an entrance ramp) it qualifies as a location for a HEDS district.  This language is vague and therefore we believe that it could be interpreted in the broadest sense in the future to include exit 60.

Wouldn't a hotel or convention center be good for Madison?

HEDS is not a proposal for a hotel.  HEDS is an amendment to our town's zoning regulations that allows virtually any type of development (including hotels) within these districts.  The P&Z can approve the development of a hotel through the normal process, and the location, size, pros and cons of such would be open to public comment and thoughtful consideration.  HEDS blankets entire areas as open to virtually any kind of commercial development, and in fact may end up preventing the P&Z from declining any development of any given building within these zones if it fits the HEDS parameters.  Why would we want to take power away from our local P&Z and give it to the developers?  Or take away the ability for Madison residents to control the future of our own community?
 

Wouldn't HEDS generate tax revenues for Madison?

HEDS itself would not generate anything for Madison.  While it is true that any added commercial or residential properties may increase the tax base, the P&Z already takes that into consideration when approving or denying any specific zoning change or development application.  The P&Z already has, as its primary role, the job of balancing the needs and concerns of Madison residents with the potential benefits of any given development plan, and these deliberations on any given development proposal are open to public comment and debate.  HEDS opens the door for developers and makes it more difficult to fight specific development plans within a HEDS district.  This method also bypasses existing legal constraints (including sign-off by adjacent neighbors) that are built into the town's own Floating Design District (FDD) regulations which could be used for this type of zoning change --- regulations adopted by our own P&Z less than a year ago.

More coming soon...