[Massplanners] Zoning Bylaw Rewrite?

Steve Sadwick ssadwick at tewksbury-ma.gov
Wed Jun 30 09:21:53 EDT 2021


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
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.

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.

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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>
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