By Marcia Parnell
The Special Town Meeting (STM) on Saturday, September 19 at 2 pm at the Becket-Washington School will bring four articles to the floor for Becket voter approval. In an effort to help voters learn more in advance of the STM later this month, this article summarizes what was available and shared with residents about the pending bylaws at the Town’s August 20 public hearing meeting.
Those planning to attend the STM should know that there is a great deal of information to review and understand about these bylaws. Town officials and Committee members are planning brief presentations at the STM prior to voting to explain background, rationales, and address any concerns. Meeting attendees will then have the opportunity to ask questions. Also note, registered voters must attend the meeting in order to cast their ballots. Information on the proposed new bylaws follows:
Short-Term Rental (STR) Bylaw defines and addresses requirements of STR properties in light of the fact that no state or other law exists to do so. Developed by the Bylaw Review Committee, the proposed STR bylaw defines STRs, owners, the number of STRs permitted in town and per owner, and details requirements for registering with the Town as well as STR operating rules and enforcement.
According to Committee Chair Chuck Garman, the bylaw aims to prevent the potential domination of local housing stock by commercial investors, keep more long-term housing inventory available for local residents, and maintain STR income opportunities for both full- and part-time, existing residents. Importantly, he explained, its operating rules also protect neighbors by setting contact, occupancy, parking, and other rules.
Other municipalities in Berkshire County have established or are considering laws regarding STRs, and the Berkshire Regional Planning Commission provides guidance and resources. Among towns with established laws, Garman estimates that Becket’s proposed bylaw falls somewhere in the middle in terms of stringency.
There is also a request for an appropriation from the General Stabilization Fund for short-term rental bylaw administration. It seeks voter approval to transfer $20,000 for costs associated with the implementation and administration of the STR bylaw. This appropriation would only be considered by voters if the STR bylaw passes.
Concerns about the provisions of the bylaw expressed at the public meeting relate to enforcement, funding, and over-regulation.
Zoning Bylaw Articles for Battery Energy Storage System (BESS) and Solar, currently at 28 and 27 pages respectively, are nearly identical in language. Although the Town has an existing Solar Bylaw, which was revised in 2019, more recent state law and the expectation of new applications were the impetus for a revised solar and all-new BESS bylaw.
Signed into law in 2021, the state’s “Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy” sets interim emission reduction targets to achieve net zero emissions by 2050. And in 2024, an “Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers” was enacted. This law established reforms to streamline the siting and permitting process for clean energy projects. As a result of these laws, towns cannot prohibit or unreasonably inhibit BESS or solar projects but can establish local laws to manage initiatives within their community.
According to Planning Board Vice Chair Al Blake, extensive consultation and research went into the preparation of the proposed bylaws. The state’s Department of Energy Resources’ “Model Zone Bylaws: Allowing Use of Battery Energy Storage Systems and Solar Models” was the starting point for the town’s own bylaws.
The proposed bylaws were prepared by an ad hoc committee in conjunction with the Planning Board over ten months which took into consideration the protection of town and resident interests while at the same time adhering to state requirements. The group gathered input from consultants, engineers, other relevant Town of Becket committees, and the Berkshire Regional Planning Commission. A final review was then conducted by the town’s attorney. Among the committee’s topmost considerations, members noted, were the health and safety of residents and first responders, protection of the local environment, and the elimination of any financial burden on the town.
What happens if the bylaw doesn’t pass? Blake explained that Becket will still be required to comply with state law without any added provisions specific to the town.
Previously Voter-Approved Bylaw Requiring Revision by State Attorney General: Article 22 Outdoor Lighting Bylaw is back for voter approval due to a language change required by the State Attorney General. The version passed last year Section B. Applicability (2) read “If any neighbor is inconvenienced…” The revised version reads “If any person is inconvenienced… ” A handout of the article showing the marked-up changes will be available at the STM for voter review.
