Planning Board recommends voters pass solar, housing zoning bylaws

At the Jan. 13 Special Town Meeting voters decided two proposed zoning bylaw changes needed more study. On March 24 the Planning Board recommended voters approve new versions of the bylaws at the April 28 Town Meeting.

Both bylaws propose extensive changes to the zoning in Wareham with one modifying solar development and the other implementing a state housing law.

The solar bylaw proposed confining all future large-scale ground mounted solar development to a solar zoning district within the existing Business Development Overlay District, an area of about 1,300 acres located north of Interstate 495.

The housing bylaw dealt with the implementation of accessory dwelling units, a new housing designation created by a state law last year. An accessory dwelling unit is a second, smaller residence that can be built on properties zoned single family.

The new versions of both proposals defined terms, included additional guidance from the state and generally addressed concerns raised by voters at the last Town Meeting.

Changes to the language of the proposed solar zoning district bylaw were minimal. However, the new version did expand the defined purpose of the Business Development Overlay District to include solar development and removed a contradictory term.

At the March 28 hearing, officials listened to residents who raised concerns that cranberry company A.D Makepeace owns the majority of the Business Development Overlay District and therefore would have outsized control of solar development.

“If I was the [attorney general] and I saw that was the sole developer that was in that area, I would have an issue,” said resident Annie Hayes.

Hayes said she reviewed the property within the designated area with Land Use Coordinator Josh Faherty and she estimated that 95% of the land is owned by A.D Makepeace.

Planning Board Chair Carl Schulz said that while the company does control a large portion of the property; the Planning Board will retain the ability to approve or deny applications from solar developers, including those that may lease land from A.D Makepeace for development.

“Right now the planning board’s position is that [development] requires site plan review with a special permit,” Schulz said.

Resident Eric Lintala agreed with Hayes’ concerns but voiced support for the bylaw.

“It looks a bit bothersome, but it's [A.D. Makepeace] land there’s nothing much you can say about it. What is the alternative if we don’t lock in some kind of condition that will control future solar development,” Lintala said. “I think [the bylaw] does solve a big problem for me.”

Resident Judy Westgate said she supported the proposal and felt that voters at the last Town Meeting struck it down because they thought it would do the opposite of its goal.

“The goal is to limit solar development,” Westgate said.

The changes to the accessory dwelling unit bylaw focused on clarifying previously undefined terms and addressing the issue of short-term rentals.

All accessory dwelling units must have their own parking unless they are near a commuter rail or bus station.

The new version clears up what counts as a transit station. A bus station includes any official stop for Transit Authority buses. A commuter rail station is any rail stop with year-round service and regular train departures, not just seasonal or event-based trips.

On March 28, Faherty clarified that the term “bus station” will not include the entire route, only existing stops along the route. Units within a half-mile of those stops will be exempt from the parking restrictions.

The new version redefines how town officials will address concerns related to the small secondary homes and short-rentals. Previously, officials have expressed fears that large developers could purchase properties, build the accessory units and rent them all as short-term rentals.

Under the new version of the bylaw, anyone renting out an accessory dwelling unit or any other property as a short-term rental must first register with the Board of Health. However, not all properties qualify. Short-term rentals are banned in homes owned by corporations, real estate investment trusts, or similar investment groups. They are allowed in properties owned by LLCs, trusts, or S corporations — but only if every owner is a real person, not a business entity. Owners will need to provide documentation to prove this when they register.

This change does mean that an individual who owns multiple properties can build accessory dwelling units on them and rent them short term, said Faherty.