“We are not voting on anything…”

Proposed bylaw changes as submitted by Brad Saunders of D + E Management LLC – a Bay Club Partner – came before the Mattapoisett Planning Board in a final vetting ahead of the October Special Town Meeting.

Before getting underway with the proposals, Chairman Tom Tucker said, “We are not voting on anything, I want to make that clear … we are just the venue for these changes.”

When the proposed bylaw changes do go before the voters on October 20, it will be Brad Saunders standing before the voters making his case for changing zoning bylaws. Tucker read the full text changes to three sections of the zoning bylaws. After each, Saunders clarified how the changes would impact the Town. The following are the changes and Saunders’ explanation of each.

Article 3.8 Cluster Subdivision – Subsection 3.8.9.5 shall read: “Such open space may be in (1) or more parcels of a size and shape appropriate for its intended use as determined by the planning board. Such open space may include lands located in the Limited Industrial district, as well as lands located in districts within which cluster housing is permitted.”

Saunders said, “This change came about as a result of issues arising over the last decade at the Bay Club.” He went on to say the change would improve the ordinance and be beneficial to the Town more than the Bay Club.

The specific issue arises from a parcel of land deep within the property lines of the Bay Club that is owned by the Town and had been the location selected for a water tower. The tower was later built at another location. This parcel is zoned Limited Industrial and as such may not be used in open space calculations. It also straddles both the LI district and the residential district. As it presently stands, only one house lot could be made from the parcel because of the LI district bisecting it. The LI section could not be considered for open space calculations. The change would allow the piece situated in the LI district to be used for open space calculations, thereby allowing the Town to sell it off as two buildable lots versus one.

Saunders made it clear that only the Town would benefit from the acceptance of the text change since the land it not owned by the Bay Club or its partners at the present time.

Brad Hathaway expressed concern that sweeping bylaw changes would have a negative impact on the entire town and wondered if there weren’t other courses of action that could be taken to accomplish the same goal without implementing regulatory changes. Saunders explained that there wasn’t any other way to reasonably make this change, given that the Zoning Board of Appeals can only grant special permits, not make zoning changes.

At this point, Saunders made it clear that the Bay Club property will never have more than 189 residences within its boundaries as mandated by the Massachusetts Department of Fisheries and Wildlife due to the endangered species act.

Board member John Mathieu said that this change would “make the lots legal.”

The next change discussed was Section 3.8 proposed to read: “In order to permit maximum flexibility for developing land for single family housing, and to encourage the preservation of open space and promote the more efficient use of the land in harmony with its natural features, tracts of land consisting of eight acres or more in districts R80, RR45, R40, RR40, R30, RR30, and GB shall be made available for cluster housing subject to the requirements of this section.”

            Saunders explained that, “…everything is allowed in a GB (general business) district except cluster housing … every other type of residential building is allowed.” Mathieu said that the GB district runs along Route 6 and could be used for cluster housing if so proposed.

Finally, the third proposed change was read which would add a new subsection, Subsection 3.8.4.4 Zero-Lot Line Lots 3.8.4.4.1, which reads: “Up to twenty percent of the lots in a Cluster Subdivision may be designed as zero-lot line lots, provided the entire Cluster Subdivision is served by a public sewer system. A zero-lot line lot is a single-family residential lot created with no side-yard setback on one side of the lot, thereby creating a shared building envelope between two adjoining lots. This shared building envelope shall only be used to build a duplex where the common wall between the two units is the common boundary line separating the two adjoining residential lots. No lot can have more than one side yard with a zero setback.”

            Zero-Lot Line Lots 3.8.4.4.2 reads: “The following minimum dimensional regulations shall apply to zero-lot line lots in lieu of those identified in Article 6, for conventional single-family developments: Minimum Lot Area – 10,000 sq ft; Minimum Lot Frontage – 45 ft; Minimum Front Yard Setback – 25 ft; Minimum Side Yard Setback – 0 (shared side)/20 ft (unshared side); Minimum Rear Yard Setback – 10 ft; Maximum Lot Coverage – 25 percent; Maximum Building Height – 35 ft.

            “This is the only one (of the proposed changes) that affects marketing of the Bay Club,” Saunders stated. “There is a desire for a product (residence) with a smaller footprint.” He explained that buyers are looking for smaller homes than those presently built or being built at the Bay Club and that a duplex would meet that need. “This would allow design flexibility.” He also said it might impact other parts of the town if passed.

With respect to the Bay Club itself, he again stated that no matter what, 189 residences are all that will ever be on the site, even with duplexes added into the mix.

Again, Hathaway expressed concern and commented on sewers. Saunders said that the change would only allow zero-lot line lots where there would be public sewer service and public water supply.

Tucker closed the public hearing and moved on to the next agenda item – the continued hearing to consider modification, amendment or rescission of Form C granted to Michael Solimando for the Appaloosa Lane subdivision. Ongoing storm water run-off issues have plagued the site for many years, bringing abutters to various boards complaining of damages to their property. The Planning Board had given Solimando the opportunity to make changes to the drainage system.

Brian Grady of G.A.F. Engineering, Inc. presented the long-awaited update on those improvements. Grady said that his firm has been working with the Town’s engineers (Field Engineering) and with Barry Denham of the Highway Department to determine storm water flowage on an adjacent piece of land that seems to be contributing to the problem. Grady showed a conceptual drawing of improvements to the drainage system that would take the extra flowage away from the site treating it and then diverting it into the Town’s system at River Road.

This plan is not without its challenges, however, Grady explained. There are underground utilities near the proposed collector location. Grady felt confident that these issues could be worked out and that neighbors would benefit from the plan.

Steve Hathaway, 13 River Road, was on hand and has been present at every board hearing discussing this development. His property and septic system have been overwhelmed with storm water run-off problems for years. He asked, “But what if it fails?” He wanted to know what his recourses would be in the event of more problems after the updates are constructed.

Tucker told him that a homeowners’ association would be responsible for maintenance and problems should those arise. Hathaway expressed that would leave him vulnerable and might require an attorney to help him protect his property interests. Board member Ron Merlo said, “We are using new data (to plan the improvements) and that should resolve the problems.”

Tucker said, “We can tell him (Solimando) to cease and desist, but then nothing gets done … we are heading in the right direction. They are using state standards.” The hearing was continued until November 3 to give Grady sufficient time to complete the plans.

The next meeting of the Mattapoisett Planning Board is October 6 at 7:00 pm in the Town Hall conference room.

By Marilou Newell

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