Minutes of the Growth Management Steering Committee
Selectmen’s Meeting Room, Library
March 14, 2019 6:30 pm
The meeting was called to order at 6:37 by Chair Ron Barron. The meeting was held in the Selectmen’s meeting room and was recorded by the cable commission. All present were so advised.
Members Present:
Ron Barron, for Central Mass Regional Planning Commission, Chair
Jeff Stillings, for the Board of Selectmen
Michael Nicholson, Town Administrator (partial attendance)
Shawn Moore, for the Conservation Commission
David George, Town Planner
Scott Gilroy, for the Board of Health
Joseph Buckley, Director of Public Works
Richard Williams, for the Planning Board
Also partially present: Select Board members Sheila Dibb and Leah Whiteman
Motions were made and seconded to approve the minutes of the Managed Growth Steering Committee for the following dates (unanimous):
August 16, 2018
October 4, 2018
January 9, 2019
January 23, 2019
February 27, 2019
TA Nicholson reported that he has been researching managed growth bylaws for several communities, including Amherst, Petersham, and Agawam.
Ron Barron has put together a packet of town bylaws in this region. Packets printed, emailed, and disseminated for members to review.
Ron: A majority of the sample bylaws have a sunset clause in their wording. The norm would be between 5 and 10 years. All sampled bylaws have a provision that allows for extensions as approved by town meeting. Such a bylaw couldn’t be for unlimited duration per prior challenges in the courts. Ron would recommend a sunset clause between 5 and 7 years with an option to renew.
Selectwoman Dibb asked what is the most recent bylaw around that has passed legal sufficiency. Ron will research and advise.
Discussion about using the 2002 Rutland proposed bylaw and draft from that wording.
Dave George presented a bylaw from Cape Cod that seems to be comparable for the town’s needs. Printouts provided for members review.
Dave George and Ron Barron will work together on writing the draft. The probable models would be the Cape Cod and Holden bylaws.
Discussion about the purpose of a Managed Growth bylaw. Sheila Dibb stated that the bylaw allows for the town to absorb the rapid growth we’ve seen. Dave George stated the bylaw is tied to a rational purpose regarding the impacts of growth; there needs to be a stated purpose of the bylaw. Joe Buckley asked if the Town can stop or close the bylaw in the future; the answer is Yes as that is one of the duties of town meeting.
Scott Gilroy asked if there can be an exception included for over 55 housing. The answer is yes.
Ron Barron discussed the Water and Sewer District option: Ron has new information since his last presentation. Previously dated guidelines said that the Planning Board approves the Water and Sewer District. Ron has new guidelines that suggest that the Water and Sewer Commission sets the boundaries. Ron will look into it further on the proper authority for creating a Water and Sewer District. Jeff Lacey is Ron’s point of contact for this matter and Ron will seek clearer answers for this process.
Peter Craine entered the room to advise that his research has found that the establishment of Water and Sewer Districts have been by vote at town meeting.
Sheila Dibb asked how does the housing choice initiative factor into this discussion. Ron Barron advised that the housing choice initiative would not affect the Growth initiatives of the town as the Initiative primarily allows for the Town to apply for grants. Sheila asked if it was detrimental. Ron said not to his knowledge. There was further discussion about the housing choice impact. Ron will look into it further and advise.
Jeff Stillings asks that the draft bylaw sunset provision be written for the high end, 7 plus years and that available building permits be written for the lowest possible number.
Dick Williams would like to see a Wetland Bylaw, specifically relating to extending the yardage for building near a wetland.
Shawn Moore likes the Downsizing and Upsizing options. Ron advised that the Planning Board would be the entity for submitting the lot size, and a bylaw would be submitted through them. Dave George suggested that the Fall Meeting could be a good time to present the Downsize Upsize option.
MOTION: Dick Williams made a motion that the Managed Growth Steering Committee supports the option for creating the Managed Growth Zoning Bylaw. Motion seconded by Shawn Moore. Majority approved. Abstaining were DPW Director Joe Buckley and Town Planner David George. Joe and Dave explained that they abstain so as to keep their purpose as technical advisors in this process. Dave George stated that his role is to get the bylaw into proper shape. Joe Buckley added that his role is to serve on the Committee at the request of the town and wants to stay in a service type role regarding this process. There were no No votes.
There was discussion about which type of bylaw is appropriate: General versus Zoning
Ron Barron presented some statistics:
A review of 1997 to 2018 on residential building permits, the Town of Rutland has issued an average of 61.5 permits per year. In the past 10 years, the average building permits issued were 38 per year; for the past 5 years the average was 43 permits per year.
Looking at Assessor’s data, Ron recalculated the price points of a house to see the rate of return. His finding shows that if the home is valued for less than $300k, the Town loses revenue. If the home is valued above $300k, there is a positive revenue. The positive revenue could be around 1.5% above the cost revenue ratio of a single family house. 74% of the town’s houses are assessed below $300k. The first phase of the CMRPC study reported around a 95% rate of return of a single family house. He adjusted his figures since the new assessor’s data, which brings the numbers near 101.5%, or near break even. Ron will provide a written report on his findings and data, estimated to be complete around June of 2019, but after
town meeting.
Ron Barron will research traffic study data, focusing on traffic numbers from 2005 to the present, to show the traffic increase. Joe Buckley will also check with Mass Dept of Transportation regarding any traffic study numbers.
Ron will research the student impact of growth and how that translates into costs for the town, using a Student Funding Formula.
There was discussion about an updated Master Plan for the town. Dick Williams stated that the first and only Master Plan was in 2000. That Plan was written through an MDC Grant. Ron Barron can look into funding options for a new Master Plan.
There was review of the sample bylaw packets. The top three samples according to Ron Barron would be:
Dave George likes the:
There was discussion about Water and Sewer numbers and wording. Ron will look into it.
Ron reiterated that successful bylaws have been approved by the Mass Attorney General specifically because of the sunset clause wording.
The next meeting of the Managed Growth Steering Committee will be Wednesday March 27, 2019 at 6:30, in the Library.
Meeting called for adjournment around 8 pm; motion approved/seconded/adjourned.
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