Bellicose Bumpkin

Seems like more and more towns are adopting Chapter 43D most recently Franklin:

This might be a good tool for a town if it’s done right. Once the casino issue goes away, I’d consider supporting this to get the rotary done right or to develop some other part of Middleboro.

At the spring ATM, I seem to recall Barbara Frappier saying that she had called someone from the state – and was led to believe that this was more of a city-centric development tool.

It’s like I’ve said all along – let’s give it a real serious look and do our homework before we commit to anything.

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These two articles came in on my latest Google alert for Chapter 43D. This one floats the possibility of attracting biotech companies in Norwood. The other also looks to attract biotech – this time in Methuen:

Adoption of 43D seems to be increasing – which lessens my concerns somewhat. Local proponents need to make the case for it. For me, making the case means convincing me that we understand the ramifications to the plethora of MGL’s(such as 40B) that are affected by Chapter 43D.

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It looks like Chapter 43D – the Expedited Permitting law is gaining some traction. Norwood Selectmen have voted to put adopt if for a piece of land in town. The article reports that 44 towns have adopted it.

I question this last quote – was 43D really a big factor in attracting Siemens? They are a major company that any town would welcome.

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Here’s an article about Walpole’s adoption of Chapter 43D – the expedited permitting law. They seem to have gone in whole hog.

I’ll repeat that I’m completely against adopting 43D in Middleboro until the town does a really thorough study of the ramifications. I would also need to be convinced that it wasn’t some double-secret-probation strategy to grease the casino skids.

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For several months now, I’ve been looking at Ch. 43D – the expedited permitting law. I can tell you that it rarely shows up in my google alerts and that there seems to be few towns that have adopted it. At the last Middleboro town meeting, there were two articles on the warrant that would haved created 43D areas. I was against those articles because I felt(and still feel) that the town has not done enough study of 43D.

In my estimation, 43D was not intended for rural development – it is meant to be a revitalization tool for blighted city areas. Based on the general lack of adoption, and the fairly complex changes required to town processes, I am 100% against this until the town has down some real research on it. Unlike CPA, which looks better and better the more I look at it, 43D hasn’t captured my fancy. As one person put it – “It looks like 40B meets Walmart”. Good one.

Chapter 43D is a pretty complex law and has to be studied carefully. One would have to consider whether it was being targeted for a rural area, a suburban commercial district, or an urban area.

Now an interesting application of 43D in Sharon. It seems that they designated Post Office square – one of the main commercial areas in town – for 43D development. They applied for and received a $100K grant to come up with economic and wastewater studies.

I would be interested to know what investigation Sharon did before deciding to adopt Ch. 43D and how this thing works out for it.

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From the Globe Northwest community briefing pages:

At the last Middleboro town meeting, there were 2 articles that would have sent us down the road of 43D – the expedited permitting law.

I would very much like to see Middleboro form a similar advisory committee to do some very serious study before we throw this out at town meeting again.

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Vote no on Article 14 & 15. You are going to the Middleboro Annual Town Meeting …… right?

Where: Middleboro High School
When: May 13, 2008
Time: 7:30 PM

These articles are for adopion of Chapter 43D – expedited permitting on two parcels of land. One in the Middleboro Park at 495 and one parcel across the street from Stop and Shop that is borderd by Rt. 28, Rt. 44, Anderson Ave. and Old Center Street.

Chapter 43D is a law that would force the town to permit commercial development within strict periods of time – 180 days. If the town does not get it done, the permit is automatically granted.

My main problems are that 43D is very complicated, involves changes to a half dozen other Mass General Laws, may require changes to local bylaws, and so far has only been adopted by 21 of the 351 towns in Massachusetts. I feel that we need to do a lot more investigation before we mess around with it.

The Middleboro Board of Selectmen voted 4-1 in favor of supporting these articles. The lone dissenter was Adam Bond. I have spoken to Adam on this and I would venture to say that he has done more investigation on 43D than anyone else on the board. When Adam and I are not at each throats and slamming each other on the internet, we sometimes find time to agree on some things. So why did the other 4 vote in favor? I don’t know. During the BOS meeting of May 5, very few questions were asked by anyone other than Adam. I would guess they are largely in favor based on their trust in our town planner. But honestly – I don’t know.

At this point I don’t know if 43D is good or bad. And neither does the town. We as a town need to do a lot more study on the effects of this law before we adopt it. At this point the town may be willing to drop 43D for the Stop & Shop land – but “experiment” with it on the industrial park. I say we hold off on any experimentation until we have a much, much better idea of the ramifications. At this time, with my limited knowledge of 43D, I don’t believe that there are gradations 43D-ness. A town either adopts it, or it doesn’t. I say we don’t.

Here are some excerpts from a Middleboro Gazette article:

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