Zoning Bylaws Approved and Published

FOR IMMEDIATE POSTING

The amendments to the Town of Dunstable Zoning Bylaws and General Bylaws adopted under the warrant for the May 15, 2021 were approved by the Attorney General on August 30, 2021; and are hereby published by posting in accordance with Massachusetts General Laws, Chapter 40, and Section 32 as amended. 

Zoning Bylaws

Article 16       Town Center District and map (new)

Article 17       Section 6.7 “Uses Permitted by Special Permit” and Section 20 “Definitions”

Article 18       Section 29 “Community Housing”

Article 19       Section 2 update zoning map “B-2 Service Business District”

Article 20      Section 2 update zoning map “Section 32 “Solar Overlay District”

The Attorney General disapproved Article 21 “Growth Limitation Bylaw”

Article 21 - We disapprove and delete the extension of the Town’s Growth Rate Limitation by-law adopted under Article 21 because we conclude that the growth rate limitation length of time is not temporary and does not continue to have a discernible legitimate zoning purpose. The Town has not shown that it is actively engaging in the planning process that served as the basis for the original Growth Rate Limitation. We explain our decision further below.

SUMMARY OF BY-LAW AND THE TOWN’S PRIOR REGULATION OF GROWTH RATE LIMITATION

As brief background, at the May 14, 2001 Annual Town Meeting the Town adopted Section 11.8, “Growth Rate Limitation,” to control the rate of residential development in the Town by limiting the number of building permits for new dwelling units to forty-eight in a two-year period beginning on the effective date of the by-law. We approved that by-law on August 30, 2001 (Case # 1682). Under Article 7 of the March 7, 2006 Annual Town Meeting the Town voted to extend the Growth Rate Limitation by-law to May 9, 2011. We approved Article 7 on June 14, 2006 (Case # 3761). Then under Article 34 of the May 9, 2011 Annual Town Meeting the Town voted to extend the by-law’s provisions until May 9, 2021.

1 We approved Article 34 on June 22, 2011 (Case # 6017).

Now, under Article 21 at the May 15, 2021 Annual Town Meeting, the Town voted to extend the Growth Rate Limitation by-law until May 12, 2031 as follows (deletion in strike-through and new text in bold):

11.8. Growth Rate Limitation. The rate of development in Dunstable should not exceed the ability of the Town to provide necessary schools, roads, police, fire protection, water and other municipal services. The purpose of controlling the rate of residential development is to ensure that Dunstable is able to provide the necessary municipal infrastructure and services needed to protect and promote public health, safety and welfare while maintaining a steady growth and avoiding wide variations in the rate of development.

11.8.1 Applicability.  The rate of development established hereunder shall apply to the issuance of all building permits for construction of new dwelling units on lots created after May 14, 2001. This Subsection 11.8. of the Zoning Bylaw shall lapse at midnight on Monday, May 10, 2021, Monday May 12, 2031 unless the Town shall sooner vote to extend its provisions at a Special or Annual Town meeting following notice and hearing duly carried out according to Chapter 40A of the General Laws, as amended. In the event of any such vote, the Planning Board shall report to any such Town Meeting regarding the effectiveness of the Growth Rate Limitation provisions of this bylaw and regarding the need, if any, to continue and/or amend such provisions.

Section 11.8.2 (a) of the existing by-law limits the number of building permits issued for new dwelling units to no more than 48 in any two-year period. The existing by-law also provides exemptions from the growth rate limitation, including exempting dwelling units that are created under programs designed to promote the construction of low to moderate income housing. See Section 11.8.3, “Exemptions.”

NOTICE IS GIVEN THAT CLAIMS OF INVALIDITY BY REASON OF ANY DEFECT IN THE PROCEDURE OF THE ADOPTION OF THE ZONING AMENDMENTS MAY ONLY BE MADE WITHIN NINETY (90) DAYS OF THIS POSTING.

A copy of these amendments and bylaws may be examined or obtained at the Office of the Town Clerk during regular business hours at the Dunstable Town Hall.  The effective date of the adoption or amendment of any Zoning ordinance or bylaw shall be the date on which such adoption or amendment was voted upon by a town meeting once the posting has been satisfied.  General bylaws become effective when the posting has been satisfied, not the date of Town Meeting.