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Date: 3/23/2021
SOUTHWICK – Three bylaw changes are expected to be put to Town Meeting voters May 18.
The Southwick Planning Board March 16 unanimously approved striking the word “grandfathered” from bylaws and discussed two other changes – one to the solar bylaw and another to the sign bylaw – during its meeting last week. Once approved, all three bylaw amendments are set to be placed on the Town Meeting warrant.
The solar and sign bylaw hearings were continued to March 30 for discussion and a vote. The “grandfathered” removal article was sent to Town Counsel and is expected to be approved by the Southwick Select Board for the warrant.
Planning Board Chair Michael Doherty said removing the word “grandfathered” was prompted by a Massachusetts Appeals Court decision last summer, which states “grandfathered” will no longer be used at the state court level.
Doherty said the origin of the phrase, which commonly means that something pre-existed a law, is based in racist practices.
“I understand it has taken on a much more benign meaning and when people use it today it’s not intended to be racist,” Doherty said.
However, he said knowing its origin, he believes it is “not appropriate for us to use,” especially because the court ruled it would not use the term.
Doherty said at the start of the discussion that he expected a lot of viewers after numerous comments were made on social media from residents opposing the change, however, few members of the public showed up and no one spoke when Doherty asked for comments.
Board members also discussed adjusting the existing ground-mounted solar bylaw for residential, non-commercial arrays on 20-acre properties.
Board members agreed to adopt some language used by the Pioneer Valley Planning Commission and talked about details such as setbacks and screening.
A 150-foot setback was agreeable to everyone, with member Marcus Phelps noting that setbacks should include the front, rear and sides of the property.
Doherty said most setbacks now include natural screenings, mainly arborvitae, but a large setback should be treed.
A change to the electronic sign bylaw would include allowing the signs on what Doherty described as “farm stands” in residential neighborhoods. He suggested adding language that would define such “farm stands” as a retail-agricultural use in a residential zone on properties of five-acres or more.
After much discussion, several members agreed that electronic signs should be limited to the “business” corridors of College Highway and Feeding Hills Road, or routes 10/202 and 57, respectively.
Town Planner Alan Slessler did not agree.
“Who are we to decide that?” said Slessler, adding that it would be discriminatory to other businesses located in residential neighborhoods.
Select Board Chair Douglas Moglin participated in the hearing and said he did not think it was discriminating and there are already similar restrictions in existing bylaws.
“There’s places where [an electronic sign] would work, and places where it wouldn’t,” Moglin said.
Board members also discussed the timing of messages, which most members agreed should be in 15-20 second intervals, as well as when the signs should be turned on. The current bylaw calls for all electronic signs to be off from 12-6 a.m. unless the business is open to the public at that time.
The public can weigh-in via Zoom during the solar and sign bylaw hearings March 30.