February 11, 2025

“MOTION: Board Member Ryder made a motion that the Select Board direct the Town Manager to take no action and not submit any documentation to the state. Vice-Chair Kratman seconded the motion. Discussion: Board Member Ryder commented that the town had spoken very clearly at the last Town Meeting not to support the MBTA Communities Zoning, and the residents were prepared to fight against it. He added that there were currently 23 Bills in the House that were to modify or eliminate the zoning. Mr. Curran advised the Select Board that he respectfully felt that taking no action would be a mistake. He said pragmatically that it made sense to take action so that the town would still be able to receive grants. He also said it was a state statute, and the onus was put directly on the Town Manager to submit the paperwork and follow through with the action plan. He said if he refused to submit the paperwork, it would be a violation of the state's statute, adding that it put him in a difficult position. He said if legal action were to be taken against the Town of Tewksbury or himself, they would not be covered by insurance. Board Member Ryder stated that he appreciated Mr. Curran's thoughts. He added that the document that was being requested to be submitted was to certify that the Town of Tewksbury would be compliant with the MBTA Zoning. Mr. Curran replied that it specifically mentioned the Town Manager's responsibility. Board Member Ryder said he felt the residents had the right to say no, and he also felt that they needed to stand strong. Board Member Mackey stated that while he agreed with the will of the residents, however, he did not see the action plan as a hurdle. He said he felt it was a document that said, "If we were to do it, here is how we would do it." He said it would still have to go to Town Meeting. He said there was nothing that they could do that would circumvent Town Meeting. He added that submitting an action plan would buy them more time and that the town would not lose grants. He said he disagreed with the MBTA Zoning, but he was trying to be pragmatic about it. He added that although he did not like it, he did not think they had the right to say "no" to a law, and he was hopeful that the Select Board would allow the Town Manager to do what he was legally required to do by submitting the action plan. Chair Holland commented that he agreed with Board Member Mackey. He said he felt that the town should submit the action plan. Vice-Chair Kratman commented that there had been no small business study to see how they would be affected, noting that it was part of the legislation. MOTION FAILED: 2 - 2 - 0. (Nay - Board Member Mackey & Chair Holland).” (Motion: Ryder, second: Kratman)

Read it in the official minutes, page 9 (PDF)