The Infamous Underhanded Letter


The above letter was sent to only select individuals in the neighborhood and was written by someone who posed as a supporter who changed their mind. This letter is also wrought with falsehoods. Fortunately, since this letter was metered instead of stamped, we were able to discover that it originated from the offices of the opposition leader - Martine Burlinson.
CLICK ON THE LETTER TO ENLARGE IT.

OBJECTIVE, INDEPENDENT EXPERTS SPEAK UP FOR THE OVERLAY

Does anyone find it interesting that those opposed to the overlay have never sought out or referenced an expert, unbiased opinion on the matter? Not once. Sure, neighbors with ancillary knowledge of Dallas residential properties who own a home here have chimed in, but all of them have “a dog in the hunt”, so to speak. So the Overlay Supporters thought it would be appropriate to share some input from some individuals who deal with residential properties and overlay issues daily as their main occupation:

“I got into homebuilding because I saw what was being done to my neighborhood (Llano St.) by builders with no conscience. The Maplewood Overlay parameters in no way diminish my ability to build a quality home for a profit that fits into the neighborhood. Anyone that says otherwise is either mistaken or has ulterior motives. All that is required is a thoughtful architect and builder.”
Phillip Mason, President of the Kirk Bond Construction Inc.

“The Maplewood Overlay Opposition Committee needs to get me on their Board, because they don’t know anything about architecture. Building a significant new house under (the Maplewood Overlay) can be done if you know what you’re doing and keep it within the scale of the neighborhood. I know because I’ve done it.”
Michael Lyons, Thomas & Bonneau Custom Homebuilders, AIA Architect, architect of 7214 Brennans.

“What opponents to the Maplewood Overlay seem to continue to overlook is the incredibly high value of the location of their neighborhood. To think that such a benign overlay would in any way restrict the value of their homes is preposterous.”
Susan Nelson, Realtor for Ellen Terry

“The basic real estate principle that any restriction limits property value is a tenet of commercial real estate, not residential real estate. Look no further than Swiss Avenue, which has some of the most restrictive zoning parameters in the city, and yet it has flourished since those parameters were put into place.”
Michael Finley, Chief Planner - City of Dallas

The Maplewood Overlay was developed out of the neighborhood's majority voice on a neighborhood survey - a survey in which the opposition helped to create. Our overlay does not have flaws in conformity, measuring, or process. It aims to ensure that new construction does not overwhelm existing homes, and the new house is designed with thought.

Unlike some builders who arrogantly tell neighbors "It's about dealing with it," (Cresswell as quoted in the Lakewood People) there are builders who try to fit within the neighborhood. The builder Thomas and Bonneau tore down a home in our neighborhood at 7214 Brennans and built a home with architectural interest that EASILY FITS within the proposed overlay, has nearly 5,000 sq. feet and, and has a price tag of $1.2 Million. They built the home within the parameters of the overlay without even trying and even BEFORE knowledge of the proposed Maplewood Overlay. They did this because they wanted the house to fit into the neighborhood. How has the Maplewood Overlay restricted Thomas & Bonneau from maximizing the value of Maplewood’s location? You can reach Mr. Thomas on his cell phone at 214-202-0787 if you have any questions. The AIA Architect for this home is Michael Lyons - 214-256-9600 - and he is more than willing to share his opinion on the absence of thoughtful construction from mass builders.


Phillip Mason, a builder for Kirk Bond Construction, actually became a builder because of his disgust with lack of architectural style flooding new home construction. Phillip's insight played a role in the development of the Maplewood Overlay. On a drive through the surrounding areas, one home was decidedly different and unique. It was Philip Mason's house. 6159 Vanderbilt Philip has also won Quality Design awards. You can reach him at 469.576.6055

The Maplewood Overlay makes minimal changes of 3 components:

Height: 22-foot Increasing Median Height Plane (current zoning is a flat median 30’)
Garage: Rear Entry – Attached (current zoning allows for any location and access point)
Corner Side Setback: 20 feet (current zoning is 10’)

All other setbacks are same as zoning or as platted on our neighborhood's Master Plat.

There was 68% support of our overlay based on 61 petitions turned into the City of Dallas.

Not all builders shy away from neighborhoods with an overlay. The "Big Box" McMansion is an insult to architects and quality builders who put thought into their homebuilding. The Maplewood neighborhood is set to meet with the City of Dallas planning commission on December 13th and its proposed overlay hopes to achieve just that- respectful and thoughtful home construction.

Any individual claiming to have been “tricked” into supporting the overlay because they were only presented with one side of the story. Other responsible neighbors actually read the distributed material from both sides and even made their own independent inquiries to builders and realtors. Those that did their own independent research have come to the unanimous conclusion that the opposition had zero empirical evidence to support any of their claims, as evidenced by their complete lack of substantive proof. They were left to fall back on pedestrian, unfounded fear tactics designed to create discord in the community by creating suspicion of your own, well-intentioned neighbors. Overlay supporters have FACTS. The opposition has FEAR.

The Overlay Supporters continue to ask the Opposition to provide any empirical evidence to support any of their “claims” that the Maplewood overlay will be harmful to our community. In 8 long months they have yet to produce a single one.
Support the overlay. Check the “SUPPORT” box on your City of Dallas Ballot.

An Example of What Can Be Built


Front and Back view of 7214 Brennans

Opposition Material Found "INCORRECT"

Important Accurate Information for THE FINAL VOTE!

Neighbors:

You should have received the blue ballot from the City of Dallas in your mail. This ballot represents the FINAL vote in the overlay process and will be crucial to the City Council’s decision on January 23rd.

As a follow-up to the Neighborhood Meeting Q&A with the Expert Panel, it was confirmed that the opposition’s diagram of home measurement was “INCORRECT.” The City of Dallas measures homes as if that home existed on a flat plane. Whether a home is slightly above or below grade DOES NOT MATTER and there are no advantages or disadvantages. Source: Theresa O’Donnell – City of Dallas Director of Development Services and Michael Finley – City of Dallas Chief Planner.

Thank you for your support of the Maplewood Overlay based on the facts and accurate information and not fear-based unknowns.

Sincerely,
The Maplewood Overlay Supporters
www.overlaytruth.com

Update

Neighbors:

The Maplewood Overlay is on the agenda for the Dallas City Council meeting on January 23rd. New ballots will be mailed on January 11th. As stated from the very beginning of this process in April 2006, the intended purpose of the overlay is to:

Give current homeowners a voice in the progression and future development of our neighborhood
Promote thoughtful construction among homebuilders (A good example of this is the newly constructed 5,000 sq. ft., $1.2 million home at 7214 Brennans which fits well within the parameters of the overlay and whose architect designed it to fit within the neighborhood.)
Maintain the Equity in both our homes as well as the value of our lot
Ensure that the inevitable tear downs and new homes don’t destroy the charm and feel of our little community

As a reminder, there are only 3 components that are a change from current zoning.
These components of the overlay are minimal:
· Garage - Rear location/access and attached
· Corner Side Setback - 20’ instead of 10’
· Height - 22’ Sloped Median Height plane
(This allows a two-story home to be built but discourages a 3-story home at the front setback.
Again , please see 7214 Brennans as an example of what CAN be built.)
The master plat for our neighborhood established in the early 1970’s, more restrictive than zoning and the overlay in places, supersedes both ordinances.

“As an architect, this is the loosest overlay I’ve ever seen. I’m not sure why anyone is opposing it.” – Commissioner Ekblad at the December 13th Planning Commission Hearing.

Once we have the video from the planning commission hearing, we will post it on www.youtube.com , and you can hear the presentations by both the proponents and the opposition. There were 11 households represented for the opposition and 11 households represented for the supporters.

You have all seen a flurry of opposition flyers claiming that support for the overlay is waning. One favorite is a conveniently anonymous one from “your concerned neighbor” which has been concretely determined to have NOT come from a supporter who changed their mind, contrary to what it purports. In fact, support for the overlay is still well above 60%, where it’s been from the beginning of the process.. For the record, we are informed and intelligent despite what you may read in the opposition’s flyers.

As the City Council meeting approaches, the next three weeks are sure to be quite a show with the opposition’s wild tales and mudslinging. Get your popcorn ready!

Sincerely,
The Maplewood Overlay Supporters

Planning Commission APPROVES OVERLAY!

The City of Dallas Planning Commission meeting held December 13th marked passing of the second critical step in establishing an overlay for our neighborhood.

The commissioners amended the boundaries of the overlay to exclude Dalgreen Circle and then UNANIMOUSLY APPROVED the overlay.

A special thanks and appreciation to Danny Linn for his outstanding address to the planning commission and for all of those who were able to come down to the meeting to show your support.

Commissioner Ekblad said, "As an architect, this is the loosest overlay I've ever seen. I'm not sure why anyone is opposing it."

NONSENSE DISPUTED

Dear Neighbors:

Preserving our neighborhood, our homes and our investment through the Maplewood Overlay is worth the effort. Interestingly, the opposition is only now becoming mildly vocal, as apparently they underestimated the neighborhood’s feelings towards the overlay’s goals:
· Allow homeowners to have a modicum of control over how Maplewood matures & develops, instead of leaving it all up to the builders.
· Maintain the equity in our homes as well as in the value of our land.
· Ensure that the inevitable changes/new homes coming to Maplewood don’t destroy the charm and feel of our little community.

Now that the petition-signing part of the process is over, here are the next steps:
1. November 30th – The City of Dallas will mail out ballots to the entire neighborhood announcing the proposed overlay and the City of Dallas Planning Commission hearing. It is IMPERATIVE that you fill out the ballot, mail it back immediately, and voice your support for the overlay. The City Council considers only these ballots, not the number of petitions submitted last month, when making their decision. Check SUPPORT!

2. December 13th – 1:30 pm in the downtown City Council Chambers. The City of Dallas Planning Commission Hearing will review the Maplewood Overlay to determine approval for submission to the City Council. If at all possible, please make arrangements to attend this meeting as a show of support. We will be coordinating carpooling down to the meeting, so please contact me if you would like us to provide transportation. We anticipate the opposition to make a lot of noise. Your attendance is CRUCIAL!

3. DATE TBD – The City Council Meeting in which the Maplewood Overlay will be decided is determined after the Planning Commission gives its approval. (It is most likely to be after the holidays.) However, it is important to remember that the City of Dallas will go through the same exact process leading up to the City Council meeting – ballots will be distributed again prior to the meeting, and your prompt response and attendance at the City Council meeting will be crucial one last time.

Ever since our neighborhood was successful in securing the petitions needed to establish an overlay, the opposition has begun a full-force mudslinging campaign rife with outrageous claims and downright false information. In fact, they submitted a request under the Freedom of Information Act to gain access to all the signed petitions, so they now have a list of everyone in the neighborhood who does & does not support the overlay. And they have been using it to their advantage, trying to get proponents to reverse their well-founded decisions.

If it was ever appropriate to follow the old adage of ‘Don’t Believe Everything You Hear,’ now is the time.
To clarify and emphasize the TRUTH:

CLAIM: Some realtors say an overlay would be bad.
TRUTH: Some realtors are in bed with the big builders. As the saying goes, “you don’t ask a barber if you need a haircut.” A realtor who works with the big builders has the potential of making a commission 4 times on one single property if he represents the seller, the buyer (builder), the new seller (builder of the McMansion) and the new buyers, possibly representing up to $100,000 in commissions.

CLAIM: 10 homeowners decided on the overlay.
TRUTH: The neighborhood decided on pursuing an overlay based on the majority results of the neighborhood survey taken in July - a survey in which the opposition helped to create. The parameters of the overlay were determined strictly by the survey results, by the wishes of the neighborhood.

CLAIM: “Schoolchildren were paid 50 cents per house to take overlay measurements.”
TRUTH: More than 20 man-hours were involved in securing the measurements of EVERY home in the neighborhood. All of the measuring was executed by Ryan Berube and another neighbor who has a Construction Engineering Degree from Purdue and formerly worked for a renowned master planner and construction expert as a field engineer. It is important to note that the measurements being called into question by the opposition make NO DIFFERENCE as the parameters of the overlay ended up not being determined by the measurements themselves.

CLAIM: Barely enough people signed the petition to continue the process.
TRUTH: We received 61 signed petitions representing nearly 70% of the neighborhood’s support. Even more telling is that the majority of those people who signed the petition also felt strongly enough about the overlay to contribute towards the $2,450 processing fee.

CLAIM: Nobody can say an overlay is beneficial.
TRUTH: Overlays may be fairly new, but McMansions are not. Their effect on neighborhoods and property values has been well documented and quite visible. What no one can argue with is that upon the introduction of maximum-sized homes on lots in established neighborhoods, the land value increases proportionately with the decrease in “improvement value” of the property. This inverse movement in values is swift and relentless, resulting in the evaporation in value of any improvements the homeowners have invested into their property. Interestingly, initial data from a study into the Greenland Hills Overlay suggests the neighborhood property values have risen more than the surrounding area following the overlay approval. [Source: D.W. Skelton as quoted in the Lakewood People issue 8/10/07] Since the inception of the overlay ordinance in December 2005, 4 overlays have been approved, 5 more are in their final stages, and at least 22 have initiated the process. Certainly all of these neighborhoods can’t have it wrong and be striving to reduce the value of arguably their largest investment, as the opposition would have you believe.

CLAIM: “If [the overlay] passes, these restrictions cannot be undone”.
TRUTH: “Any zoning overlay, including a neighborhood stabilization overlay (NSO), may be removed by the city council after meeting all the notice and hearing requirements for a zoning change. Dallas City Code Section 51A-4.701(a)(1). Removal of an NSO overlay would be considered a change in a zoning district classification.” – Kathy Zibilich, City of Dallas Attorney.

CLAIM: Builders will be deterred from building in Maplewood.
TRUTH: The key to real estate is LOCATION, LOCATION, LOCATION and Maplewood is a treasure. Extensive third-party research has been conducted to determine the benefit of creating an overlay. EVERY single architect interviewed said they would have no problem building a two-story beautiful home that fits within the neighborhood. Also, Philip Mason, a builder for Kirk Bond, who won the Design Quality award for his home on Belmont, confirmed that he would have no problem building in our neighborhood under the parameters of the overlay and selling it for more than $850,000. He knows because he has done it (see the house he built on 6159 Vanderbilt). An overlay requires THOUGHT by the builders instead of mass production – this is a very good thing. Quality vs. Quantity.

CLAIM: There is no need for an overlay, because of the recent housing slump.
TRUTH: The opposition cites as sources housing indexes and statistics that apply to the nation as a whole. In fact, the DFW area has seen a far less-pronounced slowdown than the high-profile problems in Florida and Southern California. Interestingly, in an article in this week’s Wall Street Journal, Dallas was identified as one of the 4 cities in the U.S. with the biggest influx of young growing families in 2006. If the housing market is so terrible, why have we seen 3 homes bought by builders in Maplewood since March of this year? The answer is simple – no matter how bad housing gets in Dallas, Maplewood will fare far better because of location, location, location. Our neighborhood is hugely valuable, as evidenced by a builder willing to construct a $1.3 million house in a neighborhood that’s never had a property sell for more than $500,000.

CLAIM: Maplewood is experiencing a negative cycle similar to that of Lakewood Heights a few years back, with “shoddy rentals” and “dilapidated houses on every street”.
TRUTH: Not 1 single home has been given a “poor condition” classification by the City of Dallas. (Source: Dallas Central Appraisal District http://www.dallascad.org/) Quite frankly, this is personally offensive because we take great pride in our home. All neighborhoods go through ebb and flow periods as they mature and the age dynamic begins to change. This does not mean that the neighborhood is deteriorating – it is naturally changing its complexion. As evidence of this, one only has to see the increasing number of children coming to our doorsteps each Halloween as younger families move into the neighborhood. There are only 3 rental properties within the overlay.

CLAIM: If your lot is below the level of the road, like the lots on the even side of Dalgreen Drive, you are at a disadvantage. The people on the odd side can build more house. This means the overlay is applied unequally.
TRUTH: This claim is patently false, having been made with absolutely no research and without any verification attempt by the opposition with the City of Dallas. According to Michael Finley, Chief Planner for the City of Dallas, when the height slope measurements are applied, the house is treated as though the slab/foundation is completely level with the crown of the street. Therefore, whether your lot is higher or lower than the street makes NO DIFFERENCE, and the same size house is permitted to be built regardless.

CLAIM “By limiting square footage, the overlay constricts future price appreciation.”
TRUTH: The smallest lot in Maplewood is 3915 Dalgreen, with 12,000 square feet. The proposed overlay makes NO CHANGES to current zoning setbacks (35ft. front, 10ft. on each side, and 20ft. in the rear.) Thus, under current zoning the maximum sized house you can put on this lot is approximately 5,500 square feet on the first floor alone. Under the proposed overlay, the maximum sized house you can put on this lot is approximately 5,500 square feet on the first floor alone. There is NO DIFFERENCE. Having a second floor could have twice that square footage. The only difference is how high the ceilings are on the second floor. (The average lot size in Maplewood is approximately 14,000 square feet.) Source – Maplewood Overlay Plat.Also, the opposition never actually delineates what they are against with respect to the overlay, or which particular part they think will be so injurious.

Remember, we are only changing 3 components: · Garage Access – must be from the alley, and the garage must be attached to the house (current zoning permits front/side driveways leading to a garage anywhere on the property, including the front of the house) In the neighborhood survey, 90% of the respondents were in favor of keeping garage access to the rear. · Corner Lot Side Setbacks – must be 20 feet from the street (current zoning currently states 10 feet). In the neighborhood survey, over 70% of the respondents were in favor of the additional corner lot side setback. Only 3 houses in the neighborhood don’t already fall under this parameter, and 2 of those 3 homeowners signed the petition. · Height – must have a 22-foot median height plane (vs. a straight 30ft. median height under current zoning). In the neighborhood survey, 80% of the respondents were in favor of this. Remember, EVERY single architect interviewed said they would have no problem, given the parameters of the overlay on even the smallest lot size in Maplewood, building a two-story beautiful home that fits within the neighborhood. Front and Side Setbacks – are only being reiterated as the current zoning (10 feet on the side setback and 35 feet on the front setbacks, with the exception of cul-de-sacs, which have 25 feet front setbacks). This is to ensure that if the city ever unilaterally changes the zoning (as they did for height in 1987), these setbacks will not change.Since the onset of this process, we have been upfront and honest in our actions and for the last 7 months have welcomed empirical contrary evidence that supports the opposition’s claims. The fact is there is no such evidence.

Now with an end in sight, the opposition has stooped to gross generalizations and scare tactics. Again, preserving our neighborhood, our homes, and our investment is worth the effort. I implore each of you to make your voice heard by submitting the upcoming ballots and attending the planning commission meeting.

Thank you for your involvement.

Sincerely,
Ryan BerubeChair of the Maplewood Overlay Supporters
7325 Dominique
ryan.berube@ustrust.com
214.370.9356 (h)