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Select Board finalizes warrant language; Minnetonka Land Trust purchase, ADU rules and BESS notices discussed
Summary
The Select Board voted to publish the town meeting warrant and discussed Article 28 (authorization to purchase Minnetonka Land Trust parcel), removal of a conservation restriction request pending trail design, and Article 31 (accessory dwelling unit provisions and state preemption).
The Town of Hampden Select Board on April 7 voted to close and publish the town meeting warrant and discussed several substantive warrant items, including an authorization to purchase a parcel from Minnetonka Land Trust, related conservation and trail funding articles, and proposed accessory dwelling unit (ADU) zoning language that board members said could be preempted by state law.
On Article 28 and Minnetonka Land Trust: board members said town meeting had previously appropriated $110,000 of Community Preservation Act (CPA) funds toward the property’s purchase price and transaction costs, but that appropriation did not itself authorize the town to complete the purchase. The Select Board said it will use an appraisal to set a not‑to‑exceed purchase price in the authorization article. Minnetonka Land Trust agreed to withdraw a proposed conservation restriction article (previously paired with the purchase) because the boundaries and trail layout are not finalized; a separate Article 29b request for funding to design and construct trail and parking improvements was likewise removed until those details are set.
ADU and BESS drafting and notice: board members discussed Article 31 on accessory dwelling units and said portions of the state zoning statute would preempt local bylaws for certain ADUs “by right,” with one example cited in the discussion of an 800‑square‑foot by‑right threshold under state law (transcript discussion cited an 800‑square‑foot measure). Members noted that if the town votes against the ADU article, local bylaws would remain on the books but could be unenforceable if challenged in court because state law would preempt local restrictions. Planning Board public hearings on related zoning and Battery Energy Storage System (BESS) draft text were scheduled (the Planning Board public hearing was noted for April 16), and staff said draft public‑hearing text is on file with the town clerk and can be circulated as a draft in the warrant materials with an explicit “draft” label.
Procedure and next steps: town counsel and staff told the board that warrant language should give notice of topics but that detailed text might be amended at town meeting; the board agreed to post draft materials with a “draft” label and to encourage residents to review the documents on file. The Select Board voted to publish the warrant for the town meeting date announced in the packet; the motion as recorded in the meeting referenced a May date in the warrant text.
Ending: board members instructed staff to obtain the Minnetonka Land Trust appraisal and to circulate the final warrant materials and planning‑board drafts to the public ahead of town meeting and the Planning Board public hearings.
