Duxbury Planners Strip Formatting From Zoning Rewrite to Clear Path for Town Meeting

Key Points

  • Recodification project aims to reorganize bylaws into a searchable format with a centralized use chart
  • Board voted to remove italics from defined terms to improve document readability
  • Legal counsel warned that a full repeal and replace could expose the entire bylaw to Attorney General disapproval
  • Draft Battery Energy Storage Systems regulations include 300-foot setbacks and NFPA safety standards
  • Board requested the developer of 474 Franklin Street consider preserving the 1730 Delano House Homestead
  • Floodplain bylaw updates were discussed to ensure residents maintain access to federal flood insurance

Duxbury’s long-gestating effort to reorganize its zoning bylaws took a significant step forward as the Planning Board reviewed a massive recodification project intended to modernize the town’s most complex document. Former chair Scott Casagrande returned to provide context on a process that began over a decade ago, noting that the recodification isn't a rewrite of the entire bylaw. It's a reorganization of the bylaw with some things that are definitely minor changes. Casagrande explained that the working group aimed to consolidate definitions and create a searchable use chart to replace the current cumbersome layout. While the board expressed admiration for the cleanup, Chair Kristin Rappe emphasized the importance of public perception, stating, The big piece with doing something like this is we've got to convince the town... there's nothing nefarious going on here. We're not taking sections out and changing things you used to be able to do.

The board engaged in a technical debate over the visual presentation of the document, specifically the working group’s decision to italicize every instance of a defined term. Board member Steve Gandt raised concerns about the practicality of this approach, arguing, I actually do think it's probably better to have the definitions actually be in different sections at least for the ones that are more specialized. Planning Director Matthew Heins warned that the transition would be complex for voters, noting, The existing bylaw entirely will be redlined because everything's moving. Ultimately, the board favored a cleaner aesthetic to prevent the document from becoming extremely messy. Motion Made by Tag Carpenter to direct the ZBRC to remove the italicization of the defined terms. Motion Passed 2-0. The board also reaffirmed the decision to keep the glossary centralized. Motion Made by Tag Carpenter to centralize all definitions in the front of the bylaw. Motion Passed 2-0.

Town Counsel Amy Kwesell injected a note of caution regarding the legal risks associated with a "repeal and replace" strategy at Town Meeting. Kwesell warned that replacing the entire bylaw could trigger a comprehensive review by the Attorney General, potentially invalidating older sections like the sign bylaw that have stayed on the books despite evolving case law. I've seen bylaws that have all of their definitions in one section and I've seen bylaws that have definitions scattered throughout. I think that's a policy question, Kwesell noted. Member Tag Carpenter expressed cautious optimism about the progress, stating, I was very skeptical in the beginning because of some of the rough road, but it looks like you guys have tied it up pretty well with the bow. However, guest speaker Jake Ranker voiced concerns for the community, saying, I don't know what the benefit of doing this recodification is... I hope town people know that what they're voting on is putting the entire town bylaw at risk.

The meeting also featured a deep dive into proposed Battery Energy Storage Systems (BESS) regulations. The board weighed setbacks of up to 300 feet and noise limits of 50 decibels, while Kwesell advised sticking closely to safety standards. I recommend not making that change... because I think it's in conflict with the building preemptive, Kwesell cautioned during a discussion on floodplain language. The board also discussed the 40B development at 474 Franklin Street, specifically the fate of the 1730 Delano House. Tag Carpenter urged the developer to seek preservation partners, noting the building is a maintained historic resource of the town that adds significant value. The meeting was adjourned at 9:15 PM