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Hampden Planning Board to hold summer public hearings on nonconforming-use deletion, ADU and solar bylaw edits

May 27, 2026 | Hampden, Hampden County, Massachusetts


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Hampden Planning Board to hold summer public hearings on nonconforming-use deletion, ADU and solar bylaw edits
The Hampden Planning Board on April 22 set a series of summer public hearings and agreed on a path forward for several zoning bylaw changes, including the proposed deletion of Section 4.3.2, Attorney General–approved edits to accessory dwelling unit (ADU) language, and forthcoming solar bylaw amendments.

Why it matters: Board members said Section 4.3.2 has created inconsistent guidance for the Zoning Board of Appeals (ZBA), tying the ZBA to a written side-yard allowance that can constrain case-by-case determinations. Removing that paragraph would, the board said, restore discretion to the ZBA and resolve an ongoing source of confusion.

Board discussion and decisions: Members reviewed background research and prior counsel input, including a briefing that recommended the section not be applied when deciding nonconforming-use cases. The board agreed to hold a public hearing on the proposed deletion of Section 4.3.2 on August 12. The board’s summary motion directed staff to post required notices and prepare the warrant language for that hearing.

On ADUs, members considered two drafts: a version that incorporated only Attorney General edits and a separate document with additional amendments (for example, parking and dimensional changes). The board voted to proceed with the AG-edited text — “we will make the changes as approved by the Attorney General and only these changes,” the board recorded — and to submit the cleaned document to town staff for publication and AG confirmation. The board noted that any changes beyond the AG edits would require a separate amendment process at a future town meeting.

The board also discussed solar bylaw amendments and town-council review. Planning Board member Gina Stevello said she was finishing formatting the solar draft and planned to deliver it to staff the following morning so it could be routed to town counsel or town council for review before the board schedules public hearings. “I am working on getting the solar draft done. I’m having a really difficult time formatting it to get it to you,” Stevello said, adding she hoped to finish the revision soon.

What comes next: Staff will prepare notices, post the required publications and certified abutter notifications where applicable, and place the Section 4.3.2 deletion and AG ADU edits on the appropriate summer agendas (the board confirmed an August 12 public hearing for Section 4.3.2). The solar draft will be circulated to town counsel/council for review before the board decides hearing dates.

Authorities and process notes: The board cited Chapter 40A and Chapter 41 of the Massachusetts General Laws as the legal framework governing zoning and subdivision procedures and noted that AG concurrence is required for certain bylaw edits and for filing final language in the bylaw book.

The board scheduled its summer meetings for June 24, July 22 and August 12, which staff will use to calendar hearings and post required notices.

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