TOWN OF LEICESTER MASSACHUSETTS

BY-LAW COMMITTEE

 

 

Marjorie A. Cooper, Chairman

 

Justina R. Lachapelle

John Kachadorian
Ruth White Kaminski, Clerk

 

The meeting of the By-law committee was called to order at 7 p.m. on June 5, 2006 at the Leicester Police Station with the following persons present: Justina Lachapelle, John Kachadorian, Ruth Kaminski, Marjorie Cooper, Town Administrator, Robert Reed, Town Planner, Michelle Buck and guest, Ed Himlan representing the Massachusetts Watershed Coalition.

 

Chair, Marjorie Cooper indicated that the Moose Hill Water Commission had contacted her and they intended to go forward with their work with the By-law Committee.  Ruth Kaminski said she would contact the commission and report back to the committee of their intentions.

 

Ms. Cooper handed out the final motion for town meeting for the change in Chapter 9 of the bylaws as voted.

 

A motion was made by Justina Lachapelle, which was seconded by John Kachadorian to accept the minutes of the April 6, 2006 meeting as presented.  So voted.

 

Ms. Cooper then introduced Ed Himlan who intended on speaking to the group on Technical Assistance Grants.  Mr. Himlan said that he was from the Massachusetts Watershed Coalition which is a not for profit group with an intention of preserving river systems. 

 

The Executive Office of Environmental Affairs offers to municipalities technical assistance to improve their sustainable development practices, as measured by their score when completing/updating the Commonwealth Capital Application.  The technical assistance grants and the Commonwealth Capital policy are components of an effort to encourage municipalities to implement land use regulations that are consistent with sustainable development principles. 

 

Municipalities develop a Community Development Plan (CDP) and the technical assistance grants provide a means to achieve goals and address the specific concerns sited in CDP’s.  Ms. Buck indicated that Leicester’s CDP had not yet been filed.  It was discussed that the CDP would have to be done if Leicester applied for this grant.

 

Mr. Himlan said that W. Brookfield and Paxton both passed Storm Water Management bylaws under this technical assistant grant in May of this year.  Additionally, Westminster passed a low impact site design bylaw.

 

Mr. Himlan gave a slide presentation, which explained Low Impact Development (LID) to those present which included key features such as: protection of water bodies, reduction of impervious areas, and water quality run off same as pre development.

 

Vegetated swales requiring very low maintenance and thus less expensive for towns to maintain were discussed in that they reduced run off pollution by 80-85%.

 

Leicester filed the EPA Phase II Storm Water Management Plan, which said that we would do public education and that we would be pursuing Storm Water Management (SWM) Bylaws.  A general discussion of SWM bylaws was held and it was a consensus that the handling of SWM in town by the various boards and commissions could be streamlined for more user friendly results with a SWM bylaw that all boards and commissions would utilize.

 

A SWM bylaw would provide for permits for new developments, reuse of developed parcels and what is referred to as “hot spots” the latter of which being those parcels having greater pollution concerns.

 

Open Space Residential Development (OSRD) was discussed.  OSRD is different from cluster development in that the town meets with developers under an OSRD to create a design.  A cluster development is prepared by the developer and presented to the town without the town input prior to the design phase.

 

In creating an OSRD the parties determine what should be preserved, i.e. water, slopes etc.; where houses should go; work the creation with the existing open space and master plan for the town; and align the roads last.

 

Ms. Buck told those present that the current Leicester sub division regulations versus OSRD/Cluster bylaws and the conflicts she saw as evident.  She felt that OSRD is difficult to adapt to towns that do not have municipal sewer and water systems.  Mr. Himlan brought out that the Department of Environmental Protection was reviewing the Septic Regulations with OSRD in mind and that upcoming changes to the regulations were expected.

 

Those things suitable (but not limited to) funding under the RFR are:

  • OSRD, LID, Transit Oriented Development, Traditional Neighborhood Development, etc.
  • Specific changes to make zoning consistent with Master Plan
  • Development of bylaw/ordinance incorporating Storm water best management practices (BMP’s)
  • Development of a mixed-use zoning district (e.g. mill building reuse, Village center)
  • Feasibility studies, land-use analysis, and other plans necessary for successful redevelopment of sites and buildings
  • Development of zoning bylaws for agricultural and forestry preservation
  • Implementation of specific actions or recommendations cited in a municipality’s local CDP
  • Brownfields inventory or site planning
  • Development of a community approved Water Conservation Plan consistent with state water conservation standards

 

Mr. Reed and Ms. Buck discussed the need for mill building reuse development regulations but all realized that this particular round of funding must be applied for by June 29th and that Ed Himlan was assisting only in the matters of OSRD, LID and Storm Water Management bylaws.

It was consensus that Leicester would seek to apply for creating a Storm Water Management bylaw.  The process was explained as:

  • Review existing bylaws
  • Community outreach
  • Writing of bylaw
  • Working with state agencies
  • Grant application

Ed Himlan said that he would oversee all of this and the total grant application would be $7,500 of which $1500-$1600 would be the town match consisting of $600-700 staff cost (in-kind) and $1000 of town funds.

 

There was discussion that a Storm Water Management Bylaw would also encompass permits, setting examples of best management practices etc., which would considerably assist the town DPW in their drainage tasks.  Additionally, with regard to development that impacts existing street drainage maintained by the DPW, said new development would bear the cost of any impacts by upgrading existing drainage systems to assure that pre-construction run off calculations continue.

 

Mr. Reed felt that since there was a strong likelihood of this funding going away next year we should get what we can now for assistance money possibly for LID or other things.

 

After a lengthy discussion by all present, Ruth Kaminski made a motion to ask the Town Administrator and Town Planner to bring before the Board of Selectmen and Planning Board at their June meetings the explanation of the doings of this Bylaw Committee meeting.  This was seconded by Justina Lachapelle.  So voted.

 

It was understood by those in attendance that Mr. Reed and Ms. Buck would work together on this endeavor and that which was decided by the Planning Board for inclusion in the grant application would be communicated to the Town Administrator who in turn would relay this to Ruth Kaminski, Bylaw committee clerk.  Ruth will then, in a memo, relay the information to the Bylaw committee members.  Mr. Himlan will be copied on all communication relative to the grant.

 

Attached to these minutes and made part of the permanent record are:

  • EOEA Smart Growth Technical Assistance Grant announcement
  • Massachusetts Low Impact Development Fact Sheet #8
  • EOEA Smart Growth Technical Assistance Grants Town of Leicester Proposal
  • Fiscal Year 2006 Commonwealth Capital Application sample
  • Massachusetts Low Impact Development Toolkit handout

With no further business to come before the meeting adjournment took place at 9:05 p.m.

 

Respectfully submitted,

 

Ruth White Kaminski, Member/Clerk

 

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