The Mattapoisett Planning Board discussed a new strategy for the Cottage Community Development Bylaw and approved a preliminary plan for a three-lot subdivision at 182 North St. during its meeting on Monday, August 3.
The board continued its review of the proposed Cottage Community bylaw, which received majority support at Town Meeting but fell short of the two-thirds threshold needed for adoption. Members discussed whether revisions would allow the bylaw to be adopted by a simple majority at Town Meeting. Changes to Massachusetts zoning law in 2020 permit certain amendments promoting multifamily housing, mixed-use development, open-space residential development, or additional housing units to pass by a simple majority.
Board members agreed that Town Counsel should review the revised Cottage Community bylaw language and determine whether the proposal qualifies for the lower voting threshold. Members noted that the Town Meeting moderator must also agree with this determination before a vote can proceed.
Board member William Wennerberg proposed introducing a more aggressive affordable housing bylaw at Town Meeting, not necessarily expecting it to pass, but to help build support for the Cottage Community bylaw. He suggested identifying an existing affordable housing overlay bylaw from another community and presenting it alongside the Cottage Community bylaw.
“I mean one that’s pretty aggressive,” Wennerberg said. “Here’s your affordable housing. Go ahead and vote for it.”
Wennerberg said that presenting a higher-density affordable-housing alternative could provide voters with a sharper contrast.
“Let them vote ‘no’ on that all day long,” he said. “But let this then suddenly make such sense.”
He suggested an overlay that would apply town-wide and include substantial density along with income and eligibility requirements intended to show voters “what qualifying and what affordable truly is.”
When asked if he envisioned something comparable to a Chapter 40B development or a designated district, Wennerberg advocated for a broader approach.
“I think it’s a full overlay,” he said. “You put it anywhere, just like the state of Massachusetts.”
He described the proposal as “kind of a strategy play” and said it could “galvanize the process of what they truly don’t want.”
These remarks were made amid ongoing public concern about affordable housing availability for young families, seniors and working residents in Mattapoisett. Residents also raised this issue during the earlier Town Meeting debate on the Cottage Community bylaw.
Wennerberg said the proposed alternative would address residents’ concerns and highlight the differences between affordable housing and the cottage-community model.
“It also will satisfy those that are indeed asking for it,” he said. “I don’t think they’re going to get a two-thirds vote on that, but I think you’ll have a whole bunch of chit-chat at the microphone saying ‘no’ to them.”
The board asked Town Planner Victoria Alfaro to research affordable housing overlay bylaws from other communities and provide examples to the board. Wennerberg suggested adopting an existing model, largely as written, provided it meets Mattapoisett’s needs.
The board did not vote to sponsor an affordable housing bylaw, establish an overlay district, or place a second proposal on the Town Meeting warrant. Any zoning proposal would require legal review and a public hearing. The Cottage Community Development Bylaw will be sent to Town Counsel to determine whether its revised language qualifies for adoption by a simple majority vote.
In another item of business, the Planning Board voted 3-1 to approve the preliminary plan for a three-lot subdivision at 182 North Street. Dennis Mahoney & Sons, Inc. owns the property. Steven Cabral is the applicant, represented by Matt Leone of Schneider, Davignon & Leone, Inc.
The three lots would share a common driveway from Shady Oak Drive. This plan replaces an earlier four-lot Special Residential Development, initially presented to the board in 2025 as a four-home family compound.
Leone said the revised plan addresses Fire Chief Andrew Murray’s concerns about emergency vehicle access. The driveway will be widened from 16 to 20 feet near the first turn off Shady Oak Drive, where access is limited. The applicant submitted a turning-radius analysis confirming fire truck access and added a note requiring vegetation around the turn to be kept clear.
Board members also discussed installing a fire hydrant near the hammerhead at the end of the common driveway. Earlier correspondence from Murray referenced extending the water main and adding a hydrant near the hammerhead. The applicant’s representatives said they spoke with the chief before the meeting and understood that a hydrant would be desirable if the water main were extended, but not required.
A Water Department plan showed the existing water main extends to the end of the Shady Oak Drive cul-de-sac. The applicant plans to use private wells instead of extending public water service further into the property. The applicant will consider the costs and benefits of extending the water line and adding a hydrant as the project moves forward.
Several board members said they want to ensure the fire chief is satisfied before approving the definitive plan, given the distance between the cul-de-sac and the proposed homes.
The board approved the preliminary plan without requiring a hydrant as a condition. Chairman Tom Tucker voted against approval, citing ongoing concerns about the cul-de-sac configuration.
Preliminary approval allows the applicant to proceed to the definitive plan stage, which will include driveway revisions and address any remaining comments from town departments.
In other business, the board voted 4-0 to recommend public acceptance of Cooper Way in the JBL Estates subdivision. The Select Board voted on July 14 to approve the intent to lay out the roadway as a public way. The Planning Board’s recommendation is a further step in the acceptance process.
The board briefly discussed the proposed Stormwater Management Bylaw. Representatives from the Southeastern Regional Planning and Economic Development District were absent, and members received additional material too late to review before the meeting.
Alfaro said the draft is being revised to clarify requirements at the federal, state and local levels. The revised material may return to the board at an upcoming meeting and will be posted on the town website. The board aims to present the stormwater bylaw at the Spring Town Meeting instead of the fall session.
The next meeting of the Mattapoisett Planning Board is scheduled for Monday, August 17.
Mattapoisett Planning Board
By Jeanne Hopkins