SOUTH HADLEY — With seven bylaws on the warrant for the Nov. 13 special Town Meeting, residents are raising objections to the proposed changes to zoning bylaws, including the flexible development bylaw, which they say gives too much control to developers by opening up an additional 129 parcels for development by right rather than by special permit approval.

The flexible development bylaw, which governs a type of project that conserves at least 30%, and in some cases upwards of 50%, of a property’s most valuable environmental, cultural or historical resources under permanent deed restrictions, was one of the handful of bylaw changes discussed by the Select Board at its Oct. 8 meeting.

The amendments to the flexible development bylaw reduces the minimum size of properties eligible for flexible development from 5 acres to 3 acres, opening up approximately 326 properties for flexible development. Density bonuses have also increased, counting units under 800 feet as half a unit and affordable housing units as a fourth of a unit, creating denser developments that fill the town’s affordable housing need. Under the new bylaw, flexible developments are subject to site plan review rather than through a permitting process. 

Another proposing zoning bylaw change that will discussed at Town Meeting is a new common drive bylaw that allows multiple dwellings on a single parcel to use the same driveway, eliminating the need to build a subdivision road.

“In my opinion, I think the flexible development bylaw, especially this common drive, is too flexible,” resident and real estate agent Denise Presley said. “I think the developers need more regulation than what we are giving them.”

Two other zoning bylaws also will be voted on: an open space bylaw that codifies all open space regulations under a single law, and a change to the multi-family dwelling bylaw that removes the open space requirement for such projects to encourage more apartment-style projects.

“We have a real need for new housing in this community, and we also have a real need to preserve as much open spaces that remain as possible,” Capra said. “If we want to be serious about creating new housing in this community and conserving open space, we need to look at changing the tools that we use to do that.”

Town Planner Anne Capra explained the four zoning bylaws drafted by the Planning Board are a product of two years of work and 14 meetings worth of discussions to strike a balance between residential growth and conservation.

“The board feels that flexible development should be allowed by right, and if projects come in and they meet the standards through site plan review, we should be able to permit the project,” Capra said.

Many residents who spoke at the Selectboard’s Oct. 8 meeting opposed the changes to the flexible development bylaw, claiming that it benefits developers by allowing for denser developments and takes rights away from abutters. Resident Linda Sacks questioned why a special permit will still be required for any projects in the Water Supply District and not the rest of the town now that more abutters can be impacted.

“I don’t think these amendments and the open space bylaw are strong enough,” Sacks said. “It’s not perfect, and it should be perfect.”

Capra said the Planning Board decided to revamp the subdivision bylaws because they are underutilized and keeping away developers: since the flexible development bylaw’s adoption 19 years ago, it’s been used only three times. The bylaw changes are to ensure that flexible development is more appealing than the current subdivision standards, she explained.

“It's not being used and its a very valuable zoning tool,” she said.

Animals, noise and trailers

Town Administrator Lisa Wong gave an overview of another a new bylaw regarding pet impoundment, which allows the town to hold an animal found without a license, an animal that acts as a nuisance or danger to residents, or any animal that violated a bylaw or Select Board order. Currently the town has no protocol to impound a dog or a pound to hold an animal.

While the bylaw outlines the circumstances under which a dog would be impounded, Wong did not provide logistics on how the town would carry out the bylaw, such as how long an animal would be held or where it would be impounded.

Another new bylaw prohibits unhitched trailers on public ways, but lists several exemptions for emergencies, events and loading. Finally, the nuisance bylaw changes tabled during May’s annual Town Meeting will be up for debate during the special Town Meeting. While this version of the bylaw does not include the decibel limits that Town Meeting members previously requested, the new bylaw strikes a section about lawn care regulations and adds specific fines and fees for any violations. 

The Select Board did not vote on any of the warrant articles and plans to discuss them further during its Oct. 22 meeting. Residents will have a chance to ask the Planning Board questions during their virtual meetings on Oct. 28 and Nov. 4. 

Staff Writer Emilee Klein can be reached at eklein@gazettenet.com.