THE SAUGUS ADVOCATE – Friday, October 11, 2019 Page 3 Temporary moratorium is proper, attorney general rules in review of Special Town Meeting Article By Mark E. Vogler S tate Attorney General Maura Healey’s Office has approved the temporary building moratorium on multifamily units that was adopted during a Special Town Meeting in April. “Because the temporary moratorium adopted under Article 4 presents no clear conflict with state law or the constitution, we approve it,” Assistant Attorney General Kelli E. Gunagan wrote in a 7-page letter dated Oct. 7 to Saugus Town Clerk Ellen J. Schena. “We approve the temporary moratorium adopted under Article 4 based on the Attorney General’s limited standard of review of Town by-laws under G.L. C 40, S 32. However, we strongly encourage the Town to consult with Town Counsel to ensure that Article 4 is applied consistent with state law,” Gunagan concluded. Gunagan is assigned to the AG’s Municipal Law Unit. Article 4, which was requested by Town Manager Scott C. Crabtree, would order that no new building permits be issued for the construction of multifamily dwellings consisting of three or more dwelling units in any zoning district in the town for a period of two years. Crabtree said the temporary moratorium is necessary because the town has been experiencing an unanticipated increase in the construction of multifamily dwellings. He noted the town was conducting a comprehensive study of the construction’s impact on police, fire, emergency public safety, the school district, the water, sewer, roadway infrastructure and the safety of the general public. No vocal dissent by Town Meeting members The Planning Board initially had misgivings about the proposed moratorium, voting 3-1 to not recommend the article to the 50-member body during a meeting held before the April 8 Special Town Meeting. But Town Meeting members approved an amendment to clarify language in Article 4 and then approved the measure without any vocal dissent. “This article will protect any developers who have received their building permits and are in phases of completing projects, such as Essex Landing,” Town Meeting Member Michael J. Serino of Precinct 10 said of the amendment he introduced. The amendment inserted the following language in the article: “This moratorium shall not apply to building permits for future phases of any project which has obtained all required permits and approvals except building permits prior to the effective date of this bylaw.” The Attorney General’s Office considered a letter opposing Article 4 written by an attorney representing a multifamily development project located at 860 Broadway. The writer alleged Article 4 was adopted to hinder the planned development, which included 245 apartments. He also alleged the article was an invalid exercise of the town’s police powers and was inconsistent with procedural requirements. “A town has authority to adopt zoning by-laws that seek to control growth,” Gunagan wrote in the AG finding. “More specifically, a town may impose reasonable time limitations on developers, at DISCUSSING | FROM PAGE 2 the stakeholder workshop and resulting report preparation. To participate in the MVP program, communities first apply for Planning Grants, which are used to complete a community-based workshop process to identify key climate-related hazards, vulnerabilities and strengths, and prioritize next steps to address climate change impacts. Upon successful completion of the planning process, municipalities are designated as a “Municipal Vulnerability Preparedness (MVP) program community.” Designated MVP communities can then apply for MVP Action Grants to implement key priorities and projects identified through the planning process. These projects include follow-up vulnerability assessments, design studies, local bylaws and ordinances, redesigns and retrofits, natural infrastructure and storm protection, and education and outreach. “The Town of Saugus is willing and dedicated to addressing and helping mitigate adverse weather impacts due to climate change or other unforeseen circumstances in order to continue to improve the safety and security of our residents,” concluded Town Manager Crabtree. For more information, contact the Town Manager’s office at 781-231-4111. Eminating from The Clubhouse in Chelsea... A Tradition Continues Just as we prepare a great steak, we strive to provide a dining experience just the way you like it. Function Room up to 75 Guests 817 Broadway (Route 1 South), Saugus (781) 558-2271 Restaurant Hours Monday – Wednesday 11:00 A.M. – 9:30 P.M. Thursday – Saturday 11:00 A.M. – 10:30 P.M. Sunday 12:00 P.M. – 9:30 P.M. Lounge open until 1 a.m. Our Menu features Classics, Premium Barbecue, Seafood, Lunch Specials, House Specials, Healthy Options, and Beverages for all occasions. least where those restrictions are temporary and adopted to provide controlled development while the municipality engages in comprehensive planning studies,’” Gunagan continued, referring to case law that backed Article 4. Backed by case law Gunagan’s ruling noted that “the applicable case law requires an analysis of whether the unanticipated increase in the construction of multi-family dwellings in the Town constitutes a new or complex land issue that justifies the Town adopting a temporary moratorium.” Town Counsel John Vasapolli informed the Attorney General’s Office that the town had received proposals for about 1,000 multifamily dwellings in town – a result of recent amendments to the zoning bylaws that permit the construction of residential units along Route 1. Zoning by-laws had previously permitted just commercial uses along Route 1 “The text of Article 4 expressly states that the Town intends to conduct a comprehensive study over the next two years to determine the impact of increased residential construction on municipal services and to consider future zoning amendments,” Gunagan wrote. “Based on this information it appears that the Town is utilizing the moratorium for the proper purpose of ‘resource problem solving specifically.’” However, Gunagan said officials might want to discuss with Town Counsel possible unintended consequences of Article 4 which should be addressed with amendments at a future Town Meeting. “While Article 4 may be intended to apply only to new construction, it is unclear whether Article 4 would prevent the issuance of building permits necessary for repairs to damaged properties or those in need of rehabilitation, or even those where the owners are seeking to remodel,” Gunagan wrote. Essentially, the new regulations could prevent the repair of damaged or blighted properties or those that become damaged or blighted during the moratorium period, according to the attorney general’s ruling. 3 Locations Saugus Groceria, 190 Main Street 781-231-9599 West End, Boston, 75 Blossom Court 617-227-6141 Seaport Boston, 1 Park Lane 857-366-4640 PREPARED FOODS BUTCHER SHOP BAKERY
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