[Massplanners] Zoning Bylaw Rewrite?

Wed Jun 30 10:37:26 EDT 2021

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
Web: http://www.harvard.ma.us
=====================================

Steve Sadwick <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
>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:[ mailto:cryan at harvard.ma.us ]cryan at harvard.ma.us
>Web:[
>https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.harvard.ma.us&c=E,1,I2SaTwBpQMwz7sqIDflTIekH9_uaMsRnJ2l4NbGcJ7cvaddPZ9WKH51ktr3DADU7nhDxqHF-jG-CJikCSf4f-l5fMe4oU3dMrQLahD_lOEA3VBg1fQ,,&typo=0
>]http://www.harvard.ma.us
>=====================================
> 

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