Date: 10/30/2023
ESTHAMPTON — A Town Meeting scheduled for Nov. 6 will put seven articles before voters. The last article, a motion to accept a significant rewrite of the zoning bylaws, may be the most weighty. It may also be the most talked about.
“This is a warrant article six or seven years in the making,” said Douglas Finn, town administrator. “This is essentially a new zoning bylaw. It borrows a lot from what was already there, but it adds a lot as well.”
Finn said the last extensive rewrite of the zoning bylaws was in 1995. He expected there would be some discussion, but many concerns of residents have already been answered in at least two public hearings, several information sessions and a lot of discussion on many levels of town government.
“I don’t see the discussion being too in depth because it’s already been discussed and the changes that folks might have brought up have already been considered and responded to,” Finn said. “All the details have been worked out, all the kinks worked out, and what is being presented is ready for prime time.”
The Chair of the Zoning Bylaw Review Committee, John Shaw, was part of the committee that wrote the current zoning bylaws. Shaw said the rewrite is anticipated not only by local officials, but also officials in other towns who are hoping to borrow pieces of the rewrite, which has been meticulously researched. Committee members researched the bylaws of other towns, online information, historical developments, state regulations and different industrial practices.
“It really started to originate with the building inspectors, who were having trouble defending our bylaws,” Shaw said. “Too much grey area. [So] they send everyone to the ZBA and everything takes forever to get a decision.”
Most of the tasks bringing residents to Town Hall, Shaw said, will be more easily accomplished under the new zoning bylaws.
Article 6 concerns the layout of a portion of Perry Hill Road Extension. Finn said the state is rebuilding a bridge on the thoroughfare. To do that rebuild, Mass DoT requires a legal determination of the right of way. The road has been in use since 1835 — but the road has never been definitively surveyed.
“That’s what we’re doing with Article 6,” Finn said. “A portion of the road, immediately around that bridge, has been surveyed and the plan is being accepted by Town Meeting. It’s a legal box that has to be checked.”
A slight adjustment to the right of way will benefit an abutter, but otherwise there will be no observable changes on the ground.
Article 5 takes up the most room on the warrant. If passed by voters, the article will add to the section on municipal officers to include the treasurer. The whole text of the addition is included in the warrant, offering residents the chance to fine tune the wording.
“The intention behind that is to formally adopt a section of the state law which gives the treasurer the authority to enter into tax repayment agreements,” Finn said. “By adoption of the state statue, the treasurer is able to offer a little bit better terms to a resident who’s fallen behind in their property tax bill, and to allow that person to enter into a repayment agreement.”
Finn said the treasurer’s new abilities may help a resident avoid tax foreclosure.
Article 4 makes it a requirement for those hoping to add articles to a special or regular Town Meeting warrant to submit them at least 45 days in advance. There will be some flexibility with the new requirement if excluding a proposed article will be a detriment to the town. In that case, the Selectboard may vote to entertain a late motion.
Article 3 includes changes to the town bylaws on Town Meetings. The article seeks to remove gender specific wording and replace it with neutral pronouns. The text, with proposed changes, is included in the warrant.
“This has been done haphazardly, over the course of time,” Finn said. The town’s administrator did a search of the bylaws and found few “he” and “she” pronouns. “Again, an extremely minor change.”
Article 2 also addresses specific language in the bylaws concerning elected and municipal officers. The change clarifies when an officer of the town must be elected and when an officer can be appointed.
Article 1 allows the town to pay bills from past years, when necessary.
The special Town Meeting is scheduled for Nov. 6, starting at 6:30 p.m., in Town Hall.