Wenham Planning Board Forwards MBTA Zoning Amendment With Auto-Void Sunset Clause

WENHAM -- March 13, 2025, Wenham Planning Board sends MBTA multifamily zoning amendment to Select Board with an automatic rescission clause. The board voted 5-0 Thursday to initiate the proposed multifamily overlay district zoning amendment required under GL Chapter 40A, Section 3A, forwarding it to the Select Board for referral to a public hearing before the June 9 Special Town Meeting. Member Dan Anderson introduced a new sunset provision, added by unanimous vote, providing that if the state's emergency or permanent MBTA Communities regulations are "deemed ineffective, unenforceable, or invalid in whole or in part" by a court, or if metrics are changed so Wenham is no longer required to zone for 365 units, the overlay district amendment is automatically voided and rescinded "without further action required from the town." The provision also includes a non-severability clause, meaning if the Attorney General rejects the sunset language, the entire 3A amendment falls. Two residents pressed the board to urge the Select Board to seek an unfunded-mandate exemption, which board members said is outside the planning board's authority. Town Planner Margaret Hoffman confirmed Wenham has received a $65,000 state planning grant, contract recently signed, to update its subdivision rules and regulations. The board set a public hearing on the MBTA amendment for April 16 at 6:30 p.m., tentatively at Buker School.