Committee endorses new ‘year‑round’ definition for bylaw 4.9, forwards language to planning board

The Planning Bylaws Study Committee voted to delete the existing year‑round definition in the April 30 draft of zoning bylaw 4.9 and substitute a definition drafted by committee members Al and Jan, then forward the revised language to the planning board.

Chair Kate Kane said the committee’s role was to prepare clear language for town meeting and noted the committee’s motion was limited to the definition: “This is specifically about 4.9,” she said. The committee’s town‑planner voice cited state guidance, telling members they had taken the definition from MGL chapter 23B, section 32 to make year‑round residency clearer.

Supporters argued the substitution closes a drafting gap that could allow short‑term rental‑style occupancy within developments that receive incentives. One member said the proposed change clarifies that units in approved developments must be occupied as a principal residence for a defined period. Opponents expressed continued concern about whether 4.9 should exist at all and about downstream phase‑two items such as parking and water resources.

Committee members debated procedural steps before town meeting, including whether the planning board had formally closed its public hearing on the overall 4.9 package and whether further advertising would be required to get the item on the warrant. Paul (town planner voice) said he would review the planning‑board record to confirm whether the hearing remained open.

The motion passed by voice vote; a committee member was recorded in opposition. The committee instructed staff to prepare the substituted text and a short cover letter for submission to the planning board, and to investigate advertisement and hearing requirements ahead of the warrant deadline.