HATFIELD — More than 40 properties where zoning is inconsistent with neighboring parcels, creating so-called “zoning islands,” could be brought to conformity through a rezoning process that is underway.
But when any rezoning being contemplated is brought before voters is uncertain, as the town’s Planning Board on Monday is expected to cancel a public hearing that had been set for Wednesday evening, with a legal advertisement previously published in the Gazette.
The Planning Board, with support from a divided Select Board, had been given the go-ahead to present a proposal for rezoning 41 parcels, including some on West, Main and Elm streets. This is likely to be called off and the zoning proposal withdrawn, according to the agenda for Monday’s Planning Board meeting, with a discussion by members on how to proceed.
Stephanie Slysz, chairwoman of the Planning Board, told the Select Board this week that the concept of rezoning these sites comes from a land use master plan from 2012, the town’s updated comprehensive plan and a study of the town’s zoning, and possible spot zoning that exists, by the Pioneer Valley Planning Commission.
“The long-term planning goal is to update our zoning map and bylaws in their entirety, and this is just phase one,” Slysz said.
The proposal to rezone the parcels on the zoning map, she said, has included doing outreach to property owners and abutters directly, going beyond the requirement of printing the legal ad.
Having more consistent use of land for neighborhoods should have been done a while ago, Slysz said.
Almost all of the affected properties would see “downzoning,” with many to be reclassified from business or industrial zoning to rural residential zoning, with only the 138 Chestnut St. site going the opposite direction, from rural residential to industrial use.
Select Board Chairman Ed Jaworski, who said he supports continuing the rezoning process, observed that spot zoning was created over the years as property owners and developers made requests to the Planning Board. Jaworski said he appreciates the Planning Board taking the initiative that would make more sense for Hatfield.
He was joined by colleague Greg Gagnon in voting to bring the matter to a public hearing.
Select Board member Luke Longstreeth, though, advocated for stopping the rezoning in its tracks, concerned that there has been a rushed approach. He said the current plan gives no thought to where commercial development should happen.
Longstreeth said some parcels within the Routes 5 & 10 corridor, such as 339 West St. and 359 West St., are being taken out of commercial use and put back into rural residential zoning.
Also, numerous properties that are locations of what Longstreeth terms “legacy businesses” would lose their status as allowing business or industrial use, potentially risking the ability for someone to pass on a business to the next generation.
“I think we owe them the respect and the due diligence to take a look at these parcels parcel by parcel,” Longstreeth said.
He suggested a survey of all the owners of affected businesses should have been done, especially as downzoning may make their properties less valuable, and reduce the property taxes collected by the town.
Slysz said nonconforming, preexisting uses would be allowed to continue, so long as no change in use happens at those properties. If a property is dormant for two years, then it would be at risk of not being able to continue to operate, she said, yet even under these circumstances, the Planning Board would likely look favorably on granting permission for a business to resume.
The point of rezoning, Slysz said, is to make parcels consistent and the uses match the neighborhood, and serve the best interest of the town as a whole, rather than only the interest of an individual property owner.
If the rezoning does get to a public hearing at some point, the Planning Board would recommend or not recommend that action happens at a special Town Meeting or annual Town Meeting, where the rezoning would need to get support of two-thirds of voters.
In describing this as the first phase of updating zoning map and bylaws, Slysz said the next phase is to identify appropriate locations to encourage more commercial and industrial development to support the town’s tax base.
