On July 16, the Boxborough Planning Board held a “working session” to tackle a potential zoning bylaw amendment regarding municipal use.
The three-hour session did not result in a decision or vote, but allowed the five Planning Board members to discuss possible approaches to a bylaw amendment in advance of a public hearing scheduled for Monday, August 4.
In January, the Town’s Fire Station Building Committee received a letter from Building Inspector Ed Cataldo expressing his opinion that Boxborough’s zoning bylaws do not specifically allow a firehouse to be built anywhere in town and that a zoning bylaw amendment would be required to correct this apparent error.
This continues to be disputed by some, who believe that building in the current location of the fire station would be allowed as a pre-existing non-conforming use.
At the May 2025 Town Meeting, the Select Board attempted to solve the problem identified by the Building Inspector by bringing a warrant article to amend the zoning bylaw to allow municipal governmental use in every zoning district throughout town. The article failed to pass, as did a warrant article to fund the next stage of the fire station building process.
In June, the Select Board, Planning Board, and Fire Station Building Committee convened to figure out how to move forward in a way that would allow the town to build a fire station. At that meeting, the Planning Board expressed its intent to take up the issue and propose a zoning amendment.
At their July 16 meeting, Planning Board members first discussed the threshold question of whether a proposed bylaw change should address all municipal uses or simply focus on “public safety” (the municipal use relevant to the fire station project). Some members indicated a preference for addressing the broader issue of all municipal uses, while others cautioned that a broader approach might make it more difficult to complete the task by the planned October Special Town Meeting.
A second question is whether to (1) allow the use “by right” in all districts, (2) allow the use only by special permit in agricultural and residential districts, or (3) disallow the use in agricultural and residential districts. A fourth option, if the Board chooses to address all municipal uses, could be to distinguish between different types of municipal use and determine which are allowable in which type of zoning district.
The Board acknowledged that the town has already rejected an approach that would allow all municipal uses “by right everywhere.” Three members - Mark White, Rich Guzzardi and Chris Dowdy - expressed that they are in favor of an amendment allowing the narrower public safety use “by right everywhere.” Alternatively, if the town doesn’t have the appetite for allowing public safety use in all districts, including agricultural and residential districts, they indicated they would favor allowing public safety use in those districts by special permit. Chair Rebecca Verner and member Cindy Markowitz indicated that they wanted to hear from the public before taking a position.
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