Notes from the Planning Board, Public Hearings continued, March 21, Hybrid meeting

Present:

• Kate Fletcher, Chair
• Patrick White, Chair of SB
• Carl Sprague
• Lis Wheeler
• Nancy Socha
• Marie Raftery
• Gary Pitney
• Many via Zoom — named when speak.

1. Minutes of the March 7 meeting approved as corrected.
2. Minutes of the site visit approved as written. (Apparently to 104 South Street) for ADu under old Town Bylaw as new law not passed.
3. Special Permit 104 Interlaken Road (after site visit)
   1. White Engineering for owner Jacob Silverman
   2. Interior changes (no permit) existing house on nonconforming lot
   3. Proposed exterior changes and intrusion into Lake Pond Overlay District (LPOD) — add stone patio, outdoor kitchen, more decks also change slope of driveway to avoid drainage into lake and plantings.
   4. PB consultant David Cameron suggested storm water management important and soil data (taken from a neighboring property) be redone. Also, strategic pruning and planting could be healthy for lake and also enhance tower's view. Improve 35-he foot buffer required by LPOD, remove invasives, and keep walls to allowed 4-6 feet.
   5. Motion made to approve special permits with the conditions as expressed by consultant including 35-foot buffer, 75% coverage of plantings, and a simple recommendation for wide expanse house glass to be bird-strike proof as much as possible.
4. Public Hearing on ADUs continued
   1. Chair — hold for September Special Town Meeting and get wording right? Maybe include second homes as long as homeowner is in residence — never allowed to rent two residences on one property? Chair ready to refer back to SB.
   2. Someone called it "discrimination" and Chair said not to use inflammatory words. Once again, White explained the intent of bylaw was to create affordable housing and give an advantage to new primary homeowners to reduce carrying costs and make a purchase possible, and to help elderly stay in their home by providing extra incomes. Rejected idea of discrimination.
   3. Joseph Newburgh opposed excluding second homeowners from renting ADUs even when they are not here. Asked if it is Constitutional in MA to confer benefits on residents only?
   4. Patty Caya said something was lop-sided — don't cut off housing stock — ADUs are expensive to build and mostly part-timers can afford to build them so don't cut off the housing stock by denying part-timers.
   5. Laura Dubester said she thought the goal is to foster full-time residency and help the elderly stay in their homes by generating extra income. She added she is an incrementalist — pass the ADU bylaw as is, see how it works, and then add if necessary but don't lose sight of goal.
   6. Peter Ungaro spoke for some time on different issues — "domicile", the Stockbridge zoning bylaws, special permits for nonconforming lots until the Chair asked Ungaro to stop as he was not speaking to the issue before them (ADUs). Ungaro argued. Chair said it was a legal proceeding with rules and "you are out of order". Ungaro continued to argue — Chair insisted — Ungaro stopped.
   7. PB referred the proposed ADU bylaw back to SB.
5. Public Hearing on Residential Inclusionary Bylaw
   1. White, Shatz, Raftery, Town Administrator and Town Counsel met and changed some wording. For example, as a definition "80% of Area medium Income (AMI)" — approx. $68,000 or less for family of 4 — and must be primary residence to qualify to purchase. Money generated by developer — into AHT to build housing. Add local preference for affordable housing purchase.
   2. Referred to SB as amended for approval by Town Meeting.

Meeting adjourned

Editor's note: In MA and most states, many tax laws, zoning, and general laws contain the words: "You must own and occupy the property as your domicile [primary residence] to qualify". It does not appear t be unconstitutional; it appears commonplace.

Photo: Lionel Delevingne