2024-05-22: Town Meeting

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Swampscott Annual Town Meeting Analysis: May 22, 2024 (Day 3)

This document summarizes and analyzes the key proceedings of the third session of the Swampscott Annual Town Meeting held on May 22, 2024, based on the provided transcript.

1. Agenda

Based on the transcript, the likely agenda items covered during this session were:

  • Meeting Opening & Housekeeping 09:20
    • Call to Order & Quorum Confirmation
    • Announcement regarding potential continuation date
    • Pledge of Allegiance
  • Article 16: Amend Zoning By-law: Accessory Dwelling Units (ADU) 11:45
    • Presentation & Motion (Planning Board)
    • Explanation (Director of Planning)
    • Vote
  • Article 17: Amend Zoning By-law: Liquor Establishments 14:01
    • Presentation & Motion (Planning Board)
    • Explanation (Planning Board Member)
    • Vote
  • Article 18: Amend Zoning By-law: Nonconforming Structures 15:34
    • Presentation & Motion (Planning Board)
    • Detailed Explanation (Director of Planning)
    • Public Discussion & Questions
    • Motion to Amend (Strike “reconstruction”) & Debate 34:16
    • Vote on Amendment 1:00:00
    • Motion to Amend (Indefinitely Postpone) & Debate 1:04:08
    • Vote on Amendment 1:14:27
    • Vote on Main Motion 1:14:27
  • Article 19: Amend Zoning By-law: MBTA 3A Zoning 1:15:17
    • Presentation & Motion (Planning Board - with modification to refer definitions back)
    • Detailed Explanation (Director of Planning)
    • Public Discussion & Questions
    • Vote
  • Article 20: Amend General Bylaws: Gas-Powered Leaf Blowers (Select Board) 2:03:58
    • Presentation & Motion (Select Board)
    • Motion to Amend (Fine User/Company, $50) & Debate 2:05:52
    • Vote on Amendment 2:14:10
    • Motion to Amend (Retain Emergency Suspension Clause) & Debate 2:14:51
    • Vote on Amendment 2:15:51
    • Vote on Main Motion (as amended twice) 2:16:43
  • Article 21: Acceptance of Easements for Public Parking and Sidewalks at Elm Place 2:17:01
    • Presentation & Motion (Select Board)
    • Vote
  • Article 22: Appropriation for Land and Water Conservation Fund Grant (Archer Street) 2:18:20
    • Presentation & Motion (Finance Committee)
    • Question & Clarification (Community Development Director)
    • Vote
  • Meeting Adjournment 2:22:41
    • Motion to Dissolve

2. Speaking Attendees

Based on the transcript and knowledge of Swampscott Town Government roles:

  • Pete Kane (Director of Planning and Land Use): [Speaker 1]
  • Town Moderator (Name not stated, likely Michael McClung): [Speaker 2]
  • Ken Schutzer (Attorney / Resident): [Speaker 3]
  • Angela Ippolito (Planning Board Member / Town Meeting Member Pct 5): [Speaker 4]
  • Jairus Germa (Town Meeting Member Pct 3 / HDC Member / Planning Board Member): [Speaker 5]
  • William Demento (Town Meeting Member Pct 6): [Speaker 6]
  • Eric Schneider (Finance Committee Member / Town Meeting Member Pct 5): [Speaker 7]
  • Jack Bierman (Town Meeting Member Pct 6): [Speaker 8]
  • Mark Kornitsky (Zoning Board of Appeals Member / Town Meeting Member): [Speaker 9]
  • Martha Curry (Town Meeting Member Pct 3): [Speaker 10]
  • Aaron Berdoff (Town Meeting Member Pct 5 / Affordable Housing Trust Member / Master Plan Committee Member): [Speaker 11]
  • Charlie Patzios (Town Meeting Member Pct 5): [Speaker 12]
  • Norman Ehrlich (Town Meeting Member Pct 6): [Speaker 13]
  • John Jantus (Town Meeting Member Pct 4): [Speaker 14]
  • Rupert Deese (Town Meeting Member Pct 5): [Speaker 15]
  • Tommy Haley (Town Meeting Member Pct 2): [Speaker 16]
  • Damon Damati (Town Meeting Member Pct 6): [Speaker 17]
  • David Grishman (Select Board Member / Town Meeting Member Pct 1): [Speaker 18]
  • Hillary Fouts (Town Meeting Member Pct 6): [Speaker 19]
  • Jan DiPaolo (Town Meeting Member Pct 1): [Speaker 20]
  • Jim Smith (Town Meeting Member Pct 5): [Speaker 21]
  • Andrea Moore (Town Meeting Member Pct 3): [Speaker 22]
  • Peter Mizuchi (Town Meeting Member Pct 5): [Speaker 23]
  • Marjorie Galaska (Community Development Director / Town Meeting Member Pct 6): [Speaker 24]
  • Mike Kelleher (Town Meeting Member Pct 4): [Speaker 25]
  • Mr. Thompson (Town Meeting Member - Precinct not stated): [Speaker 26]
  • Heather Roman (Zoning Board of Appeals Chair / Town Meeting Member Pct 5): [Speaker 27]
  • Terry Lorber (Town Meeting Member Pct 5): [Speaker 28]
  • Town Meeting Member (Name not stated): [Speaker 29]
  • Ken Norton (Town Meeting Member Pct 3): [Speaker 30]
  • Debbie Friedlander (Town Meeting Member Pct 6): [Speaker 31]
  • Eric Hartman (Town Meeting Member Pct 1): [Speaker 32]
  • Lisa Colangelo (Town Meeting Member Pct 4): [Speaker 33]
  • Rick Kraft (Town Meeting Member Pct 3): [Speaker 34]
  • Gary Barden (Town Meeting Member Pct 3): [Speaker 35]
  • Mark Walensky (Town Meeting Member Pct 3): [Speaker 36]
  • Shawna Delano (Town Meeting Member Pct 2): [Speaker 37]
  • Frank Smith (Town Meeting Member Pct 1): [Speaker 38]
  • Ms. Boggs (Town Meeting Member - Precinct not stated, reserved time): [Speaker 39]
  • Unidentified Speaker (Interjection): [Speaker 40]
  • Unidentified Speaker (Procedural Comment): [Speaker 41]

3. Meeting Minutes

Opening: The Town Moderator called the meeting to order, confirmed a quorum 09:20, announced a potential continuation date if business was not concluded, and led the Pledge of Allegiance.

Article 16: Amend Zoning By-law: Accessory Dwelling Units (ADU) Planning Board Member Angela Ippolito presented the Planning Board’s unanimous recommendation for favorable action to amend the ADU bylaw 11:48. Director of Planning Pete Kane explained this was a housekeeping measure to correct language that was inadvertently retained from the previous bylaw version 12:56. There were no questions or discussion. Vote: Passed unanimously (required 2/3 majority) 13:46.

Article 17: Amend Zoning By-law: Liquor Establishments PB Member Ippolito presented the Planning Board’s unanimous recommendation for favorable action 14:02. She explained the amendment removes an antiquated bylaw requiring specific distances between liquor establishments and schools/churches/parks 14:45. There were no questions or discussion. Vote: Passed unanimously (required 2/3 majority) 15:18.

Article 18: Amend Zoning By-law: Nonconforming Structures PB Member Ippolito presented the Planning Board’s unanimous recommendation for favorable action 15:34. Director Kane provided a detailed explanation 16:31, stating the amendment aims to clarify the process for additions to nonconforming single and two-family homes, align with MGL Chapter 40A, Section 6 (citing the Ballard case), and allow the Building Inspector to approve compliant additions (under 800 sq ft) without requiring ZBA review, thus reducing cost and time for homeowners.

  • Discussion: Extensive debate followed. TM Member Lisa Colangelo inquired about size limits 21:11. TM Member William Demento argued strongly against, focusing on the word “reconstruction” and fearing it would allow large tear-downs and rebuilds on nonconforming lots without ZBA oversight 22:24. ZBA Member Mark Kornitsky explained the bylaw’s conflict with state law (Ballard) and noted the ZBA often ends up approving these projects anyway, suggesting the “reconstruction” language might be the only valid concern 26:16. Attorney/Resident Ken Schutzer argued against the article, citing loss of abutter input, lack of transparency, potential oversimplification, and removal of “open space” definition; he advocated for ZBA review as a forum for neighborhood discussion 39:39. ZBA Chair Heather Roman countered later, stating the ZBA process often involves significant cost and delay for homeowners seeking findings the ZBA is legally required to grant under Ballard for conforming additions 1:09:37. TM Member Jairus Germa raised concerns about reconstruction impacts on neighborhood character but supported simplification 46:01. Several members sought clarification or voiced support for simplification and aligning with state law (Kraft 31:28, Patzios 32:15, Schneider 1:05:32, Thompson 57:52, Deese 1:11:01, Mizuchi 1:13:05). TM Member Colangelo highlighted the prevalence of nonconforming lots (>50%) in Swampscott 1:12:06.
  • Amendments:
    1. Mr. Demento (presented by Mr. Patzios 34:16) moved to strike the word “reconstruction” from specific sections allowing Building Inspector approval. After clarification from Director Kane and modification 38:42, the amendment failed 1:00:37.
    2. Mr. Schutzer moved to indefinitely postpone the article 1:04:08. This motion failed 1:14:27.
  • Vote: The main motion to approve Article 18 passed (required 2/3 majority) 1:15:11. Observation: This article generated the most significant debate, reflecting tension between streamlining processes aligned with state law and preserving traditional local review/abutter input.

Article 19: Amend Zoning By-law: MBTA 3A Zoning PB Member Ippolito presented the Planning Board’s unanimous recommendation for favorable action, with a modification to refer the Definitions section back to the Planning Board for further study 1:15:20. Director Kane delivered a comprehensive presentation 1:19:06 outlining the state’s MBTA Communities Act requirements, Swampscott’s obligations as a commuter rail community, the proposed overlay districts (Essex St., Vinnin Sq. area), capacity calculations (minimum needed achieved), the minimal changes to underlying zoning (heights, setbacks unchanged), and the importance of compliance for retaining state grant eligibility (citing $3.2M received in 5 years 1:33:48).

  • Discussion: Supporters (Lorber 1:38:20, Curry 1:41:10, Berdoff 1:49:08, Germa 1:52:24, Friedlander 1:55:15, Walensky 1:56:19, Haley 1:59:01, Smith 2:01:16) emphasized mandatory compliance, grant funding, the need for housing, the plan’s careful design, and the minimal impact on existing neighborhoods. Opponents (Damati 1:44:27, DiPaolo 1:56:59) voiced concerns about increased density, traffic, town size, and the capacity of town services (schools, infrastructure). Questions focused on density calculations (Moore 1:35:51), impact relative to 40B (Barden 1:39:52), and site selection rationale (Hartman 1:47:18).
  • Vote: The motion to approve Article 19 passed by a significant margin (Moderator noted simple majority required, but appeared to achieve >2/3) 2:03:58. Observation: Strong consensus emerged favoring compliance, influenced by the detailed presentation, grant implications, and the plan’s focus on existing business/multifamily zones.

Article 20: Amend General Bylaws: Gas-Powered Leaf Blowers Select Board Member David Grishman presented the Select Board’s recommendation to add enforcement provisions to the existing gas-powered leaf blower bylaw 2:04:12, initially proposing a $300 fine on the property owner for second/subsequent offenses.

  • Amendments:
    1. TM Member Norman Ehrlich moved to amend the fine structure, targeting the leaf blower user or their company instead of the property owner 2:05:52. TM Member Jack Bierman proposed reducing the fine to $50, which Mr. Ehrlich accepted as a friendly amendment 2:11:51. This amendment passed 2:14:47.
    2. TM Member Bierman moved a second amendment to retain the existing bylaw’s Section 2 (allowing the Select Board to suspend the ban in emergencies) and designate the new enforcement language as Section 3 2:14:51. This amendment passed 2:16:43.
  • Discussion: Debate centered on fairness (Ehrlich 2:06:35), enforceability (Schneider 2:08:35, Kelleher 2:13:00), proportionality of fines (Bierman 2:09:14), and preserving emergency flexibility (Bierman).
  • Vote: The main motion, as amended twice, passed 2:17:01. Observation: Town Meeting actively reshaped the Select Board’s proposal, demonstrating concerns about fairness and practicality in enforcement.

Article 21: Acceptance of Easements for Public Parking and Sidewalks at Elm Place SB Member Grishman presented the Select Board’s recommendation to accept easements required by the Elm Place development permit for public parking (6 spaces) and sidewalks 2:17:10. There was no discussion. Vote: Passed 2:18:01.

Article 22: Appropriation for Land and Water Conservation Fund Grant (Archer Street) Finance Committee Member Eric Schneider presented the Finance Committee’s recommendation to borrow $225,000 for improvements at Archer Street property, accept related state grants, transfer custody to the Conservation Commission, and dedicate the property for park/recreation 2:18:25. TM Member Frank Smith requested details on the scope of work 2:20:46. Community Development Director Marjorie Galaska explained the funds would cover walking paths, bike parking, furniture, and potential lookouts, noting a full public engagement process would follow 2:21:05. Vote: Passed unanimously (required 2/3 majority for borrowing) 2:22:23.

Adjournment: The Town Meeting was dissolved by vote 2:22:41.

4. Executive Summary

The third night of Swampscott’s 2024 Annual Town Meeting addressed several key zoning and financial articles, culminating in compliance with state housing mandates and refinements to local bylaws.

Major Zoning Decisions Shape Future Development:

  • MBTA Communities Act Compliance (Article 19): Town Meeting overwhelmingly approved zoning changes 2:03:58 required by the state’s MBTA Communities Act (Section 3A). Presented by Planning Director Pete Kane as a minimal-impact strategy 1:37:45, the plan establishes overlay districts in existing business/multifamily areas near the train station (Essex Street) and Vinnin Square, allowing multifamily housing “by right” to meet state density requirements without altering underlying height or setback rules 1:31:38. Significance: This decision ensures Swampscott remains eligible for crucial state grants (over $3.2M received recently 1:33:48) and avoids potential legal action from the state, aligning Swampscott with the majority of MBTA communities that have already complied. While concerns about density and traffic were raised (Damati 1:44:27), the arguments for compliance and the plan’s targeted nature proved decisive.
  • Streamlining Nonconforming Structure Additions (Article 18): After extensive debate [16:31 - 1:15:11], Town Meeting approved changes to allow the Building Inspector, rather than the Zoning Board of Appeals (ZBA), to approve smaller, compliant additions (under 800 sq ft) to existing nonconforming single and two-family homes. Significance: Proponents argued this aligns Swampscott with state law (MGL Ch 40A Sec 6 / Ballard case 26:16) and reduces costs and delays for homeowners 1:09:37. Opponents worried about losing ZBA oversight and abutter input 39:39. The passage signals a shift towards streamlining for common home improvements, though concerns about neighborhood impact remain.

Local Bylaw Enforcement Refined:

  • Leaf Blower Enforcement Modified (Article 20): Town Meeting approved adding enforcement teeth to the town’s gas-powered leaf blower restrictions but significantly amended the Select Board’s initial proposal 2:17:01. Significance: The final version fines the user/landscaping company $50 (not the homeowner $300) 2:14:47 and retains the Select Board’s power to suspend the ban in emergencies 2:16:43. This reflects Town Meeting prioritizing fairness to homeowners and practical considerations over the initial enforcement structure.

Other Key Actions:

  • Routine zoning cleanups (ADU language - Art 16 13:46, Liquor Establishment distance - Art 17 15:18) were approved.
  • Easements for public parking and sidewalks at the Elm Place development were accepted (Art 21) 2:18:01.
  • Funding ($225k borrowing) and grant acceptance for improvements to the town-owned Archer Street property (walking paths, etc.) were unanimously approved (Art 22) 2:22:23.

Overall, the meeting demonstrated Swampscott voters grappling with state mandates, housing needs, local control, and practical implementation, ultimately choosing compliance and measured modernization while actively shaping the details of local enforcement.

5. Analysis

This session of the Swampscott Town Meeting was marked by significant decisions on zoning, particularly concerning state mandates and local development rules, alongside active modification of a proposed enforcement bylaw.

Navigating State Mandates vs. Local Control: The debates on Articles 18 (Nonconforming Structures) and 19 (MBTA Zoning) highlighted a central tension.

  • On Article 19, the Planning Department’s strategy of presenting a carefully crafted, minimally invasive plan to meet the state’s MBTA Communities Act requirement proved highly effective 1:19:06. Director Kane’s detailed explanation, coupled with the clear financial stakes (grant eligibility 1:33:48) and legal risks of non-compliance (Haley 1:59:01), largely neutralized opposition arguments focused on density and traffic. The framing that Swampscott was already largely compliant (Germa 1:52:24) likely resonated, making passage appear pragmatic rather than a significant concession. The near-unanimity suggests the body prioritized compliance and avoiding conflict with the state when presented with what seemed a reasonable path.
  • Article 18, however, showed a greater willingness to contest changes impacting traditional local processes. The Planning Board’s push to streamline additions to nonconforming homes, justified by efficiency and alignment with state case law (Ballard 26:16), faced strong resistance rooted in preserving ZBA oversight and abutter input (Demento 22:24, Schutzer 39:39). The ZBA Chair’s intervention 1:09:37, explaining the practical reality that many ZBA reviews under the old bylaw resulted in legally mandated approvals anyway, appeared crucial in tipping the balance toward the Planning Board’s proposal, despite the deeply felt arguments for maintaining the existing review structure. The failure of amendments to weaken or delay the article [1:00:37, 1:14:27] indicates the majority ultimately valued the promised efficiency and alignment with state law, perhaps influenced by the expert testimony on the Ballard case implications.

Town Meeting’s Power to Amend: Article 20 (Leaf Blowers) starkly demonstrated Town Meeting’s legislative role. Members didn’t just accept or reject the Select Board’s proposal; they fundamentally altered it based on arguments about fairness to property owners (Ehrlich 2:06:35), proportionality (Bierman 2:09:14), and practicality. The successful amendments shifting the fine target and amount 2:14:47 and preserving emergency powers 2:16:43 showed members actively engaging with the details and crafting a solution reflecting perceived community norms over the initial, perhaps simpler, enforcement mechanism proposed.

Effectiveness of Arguments: Arguments grounded in legal requirements (Kane/Kornitsky on Ballard for Art 18, multiple speakers on MBTA mandate for Art 19), practical experience (ZBA Chair Roman on Art 18 1:09:37), and financial implications (grant funding for Art 19 1:33:48, borrowing for Art 22) generally proved persuasive. Arguments appealing primarily to preserving the status quo or expressing generalized concerns about density/traffic (Damati 1:44:27, DiPaolo 1:56:59) were less effective in overcoming the momentum for compliance or modernization presented in Articles 18 and 19. Personal anecdotes (Fouts 53:36, Jantus 1:07:00) added color but didn’t appear to sway the final votes on the major articles. The detailed, data-driven presentations by Director Kane provided a strong factual basis for the Planning Board’s recommendations on the complex zoning articles.

Meeting Dynamics: The Moderator effectively managed a long and sometimes contentious meeting, balancing the need for deliberation (especially on Article 18) with reminders of time constraints 55:11. While Article 18 saw extensive debate and procedural maneuvering, the relatively swift passage of other articles indicates the body’s capacity for efficiency when consensus exists or the issues are less controversial. The overall tone, despite disagreements, remained largely respectful, allowing for a thorough airing of different viewpoints before decisions were made.