[Massplanners] Zoning Bylaw Rewrite?

Thu Jul 1 12:20:06 EDT 2021

Chris - Establishing a multi-year process to update to a Town’s Zoning Bylaw seems a thoughtful approach, detailing and announcing (again and again) “this is what we want to do” and “here is how we are going to do it”.
Thanks for asking the question, and providing the phased approach; it provides great food for thought.
Maren
Maren A. Toohill, AICP
Town Planner
978/540-2425
MToohill at littletonma.org<mailto:MToohill at littletonma.org>
Town of Littleton

From: MassPlanners [mailto:massplanners-bounces at masscptc.org] On Behalf Of Christopher Ryan
Sent: Wednesday, June 30, 2021 10:37 AM
To: ssadwick at tewksbury-ma.gov
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Zoning Bylaw Rewrite?

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**
Thanks Steve

Before I address several specifics below, one commonality I am noting is challenges at Town Meeting. While that is no surprise to me---I've been at this for over 30 years, what does make me pause is the similarity over the years of town meeting zoning fails. They seem to be so repetitive and yet...it always happens.

Not being a native New Englander (I am from the Connecticut Western Reserve), this is perplexing to me having seen other municipal typologies at least do zoning better....but I also would love to come up with a "patch" for this "software issue". Anyone else?

Appreciate the detailed information Steve. I like the pairing of comprehensive and a multi-disciplinary consulting practice. I also am cognizant of and sensitive to Nancy's comments of not going "too big" so wonder if even though one has a consultant and is being comprehensive with the approach, to not take the entire final product to Town Meeting but maybe introduce it in successively more ambitious and complex phases over say 3 town meetings. For example:

  *   Phase 1 - Only bring forward the recodification, structural changes, and very obvious errors
  *   Phase 2 - Address content problems, new elements required by caselaw, legislation, simpler new tools
  *   Phase 3 - Tackle the most complex and sensitive elements, address innovations here
The strategy would be to not overwhelm TM with sheer volume but gradually introduce ever more complex stuff as you also build trust and confidence.  Just wonder if this might make sense...

Thanks again

Best

Chris

=====================================
Christopher J. Ryan, AICP
Director of Community and Economic Development
Town of Harvard, MA
13 Ayer Road
Harvard, MA  01451
Phone: 978.456.4100 x.323
Email: cryan at harvard.ma.us<mailto:cryan at harvard.ma.us>
Web: http://www.harvard.ma.us
=====================================

Steve Sadwick <ssadwick at tewksbury-ma.gov<mailto:ssadwick at tewksbury-ma.gov>> on Wednesday, June 30, 2021 at 9:21 AM -0400 wrote:
Chris-
Please see responses in red below.
Steve Sadwick, FAICP
Assistant Town Manager
Town of Tewksbury
978-640-4300

From: MassPlanners [mailto:massplanners-bounces at masscptc.org]On Behalf Of Christopher Ryan
Sent: Tuesday, June 29, 2021 3:17 PM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Zoning Bylaw Rewrite?

Hi all

I need to be thinking about how we're going to approach the long overdue comprehensive rewrite of our zoning bylaws and had a few questions for the water cooler.

First, those who have addressed a dated and flawed bylaw, what has your approach been?After years of amendments, Tewksbury’s zoning became unwieldy and had a number of internal inconsistencies that needed to be addressed. A Selectmen appointed committee was established in 2016 and a multi-disciplinary consulting team was brought on board. The finished product was ready for the 2020 Annual Town Meeting, but at the last minute, the committee decided to withdraw out of an abundance of caution and concern expressed by the some in the public over COVID-19. At the 2021 Annual Town Meeting, the article lost by 2 votes to achieve the 2/3 approval vote. Unfortunately, it was confused by some open Town Meeting members with a pending 40B project.

a) Did you conduct a complete rewrite? What were the components? Structure and organization, legal review, adding user-friendly elements? Tewksbury did a complete zoning recodification. A new numbering system was introduced, sections were moved and consolidated and new sections were added. It did include a legal review and added user-friendly elements. </p>

b) If not comprehensive, what were the elements and issues that you focused on? It was comprehensive.

c) Did you introduce innovative methodologies and types? Form-based? Hybrid? Any elements of performance zoning?There were some new element introduced such as replacing a site plan special permit with site plan review, request for reasonable accommodations, small cell zoning outside of right-of-way and town center design.

d) How did you fund it and what was the cost?Project was funded by Town Meeting vote. It cost approximately $91,000.

e) What type of consulting team did you use? Multidisciplinary? Did you do some of it in-house?Consulting team included planning firm with subconsultants including land use attorney and architect. Some of the later stages included in-house work.

f) Did you have a committee? How was it composed?Committee included member of PB and BOS, Building Commissioner, local land use consultant and resident that happened to be planning director in neighboring community.

g) What was the biggest challenge?Getting the public to focus on the changes prior to Town Meeting, especially during COVID-19. One point of caution is to consider how  Chapter 358 of the Acts of 2020 would affect structuring articles for Town Meeting.

So, if you have recently done work on your bylaw, let me know what you did...or even if you are preparing for it or thinking about it.

Thanks a ton in advance...

Chris R.

=====================================
Christopher J. Ryan, AICP
Director of Community and Economic Development
Town of Harvard, MA
13 Ayer Road
Harvard, MA  01451
Phone: 978.456.4100 x.323
Email:cryan at harvard.ma.us<mailto:cryan at harvard.ma.us>
Web:http://www.harvard.ma.us<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.harvard.ma.us&c=E,1,I2SaTwBpQMwz7sqIDflTIekH9_uaMsRnJ2l4NbGcJ7cvaddPZ9WKH51ktr3DADU7nhDxqHF-jG-CJikCSf4f-l5fMe4oU3dMrQLahD_lOEA3VBg1fQ,,&typo=0>
=====================================

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20210701/ca008142/attachment.htm>