Hubbardston planning board recommends trimmed site-plan rules and revised floodplain bylaw to town meeting

The Town of Hubbardston Planning Board on a voice vote recommended zoning bylaw changes that reorganize site-plan approval rules and revise the Flood Plain District to conform with state and federal guidance.

Planner Alec (Alec, town planner) told the board the packet contains a draft “site plan approval rules and regulations” intended to remove administrative detail from Article 9 and place it in a rules-and-regulations document. "My proposal is that you remove the more administrative components of article 9 ... and create the administrative document," Alec said, arguing the change will make decisions easier to defend on appeal and reduce time spent at town meeting.

The change would shift items such as site-plan forms and content from the bylaw into an administrative rules document while keeping core decision rules in Article 9. The board discussed enforcement language and a monetary penalty referenced in the draft bylaw. A board member asked whether the $300-per-day continuing-violation penalty in what will be section 9.5 should go into the rules so it can be changed administratively rather than by future town-meeting bylaw votes. Alec confirmed that the town’s prior acceptance of noncriminal disposition enforcement allows fines, but advised the board that enforcement ultimately relies on the building commissioner or town attorney pursuing action in court.

On the floodplain article (Article 13), Alec urged adoption of the model provisions needed to maintain compliance with FEMA and the state model floodplain bylaw. He said falling out of compliance could raise flood-insurance costs for policyholders by roughly "20%–25%," and added that the Department of Conservation and Recreation (DCR) had flagged one provision where the town had been more restrictive than the model bylaw. The board discussed keeping or removing that higher-than-model standard. Planning staff reported receiving new FEMA flood insurance rate maps (FIRMs) and working with DCR on wording and numbering.

Board discussion led to a set of drafting decisions: move enforcement-dollar amounts into the rules where appropriate or reference them as set in rules; retain a prohibition on storage of salt, petroleum or other chemical products in the Flood Plain District (moved and renumbered into the draft); and strike or renumber redundant or overly restrictive provisions so language matches DCR guidance. The board agreed to remove a cross-reference problem and to ensure the subdivision rules and regulations cover any subdivision-specific floodplain requirements if those remain outside the bylaw.

After additional minor edits requested by members and by members of the public, the planning board waived reading the full articles, closed the public hearing on the zoning bylaw amendments and voted to recommend the revised Article 9 (site plan approval rules/regulations) and Article 13 (Flood Plain District) to the town meeting warrant as presented.

The board’s action is a recommendation to the Select Board/Town Meeting; the bylaws themselves would be adopted or rejected by town meeting and, as applicable, reviewed by the Attorney General.