A lot of people have complained about what they saw as inappropriate building being allowed in the city - large additions on houses, new or multi-units being added, backyards being swallowed up by new construction.

The City of Newburyport has, in fact, over the years created some excellent zoning ordinances to control this process. While there have been some miscommunications and disagreements between the Planning Board, Zoning Board of Appeals and the building inspector, in theory the ordinances should work to protect the city's appearance, the neighbors and the landowners.

In the most dense part of the city, zone R-1, a landowner cannot build over more than 50 percent of his property. This coverage allowance gradually decreases in less dense parts of the city, in most areas limited to 20 or 25 percent. Height allowances are clear, but measured to a formula that does not reach to the highest point of the roof but rather a midpoint in the roofline.

The maximum allowed addition to a building anywhere in the city is 500 square feet. In some areas of the city, most particularly west of I-95, this is overly restrictive. It would make more sense to adjust the limitation to the size of the lots in the different zones.

There are hundreds on non-conforming lots and structures in the city, built prior to current zoning. These are, of course, grandfathered. Anyone wishing to make any additions or changes to these structures must apply to the Board of Appeals, which has strict guidelines under which they may consider applications.

When a homeowner decides to make additions or alterations to his property, he must file an application with the Planning Board. On filing, all abutters are notified by registered mail. Many abutters, trusting their neighbor's good intentions and satisfied with the preliminary plans they are shown, simply sign off that they have no objections. This is a mistake. Plans change, the Planning Board may insist on certain alterations, the contractor and homeowner's plans may evolve in the process, and suddenly the abutter finds something being built that is quite different than what he expected. The recommendation to abutters voiced by Planning Board members and the building inspector is attend the hearings so that you continue to have a voice in the matter. Too many lawsuits and destroyed relationships have resulted from not doing so.

Landowners have rights. The Wheelwright House is a case of a buyer purchasing and property with the intention of developing the land behind as allowed under the city ordinances. It is a disgrace that this family was treated as though they were desecrating the neighborhood; they were in complete compliance with all regulations and had made an investment so that they could help pay for their own home. The people who put up the statue, and fought them every step of the way, should be ashamed of themselves. The Wheelwright House development is not maximizing what is allowed by law, and has been designed in a tasteful, thoughtful way. We need to protect what happens in our city, but we also need to show proper respect for the rights of others.

There is, unfortunately, some animosity in City Hall between the various authorities responsible for assuring compliance with the regulations. I don't want to go into the details, but it would behoove the mayor to investigate the relationships and clear up the problems. I know that Nancy Colbert has been working on this, but leadership is clearly needed.

John P. Wells of Newburyport is a land use planner/Realtor. Comments and questions may be sent to his Blog at activerain.com/blogs/landuseplanning.