Voters in the Town of Halifax will meet on Monday, Dec. 16, at 6:30 p.m. at the Halifax Elementary School, 464 Plymouth St. to see if the town will approve either of two articles on the Special Town Meeting Warrant.
Article I, the most well publicized, is the MBTA Communities Act and Zoning Requirements. This article states that there shall be a minimum gross density of 15 units per acre, and is located not more than half a mile from a commuter rail station, substation, ferry terminal or bus station if applicable. It shall also have no age restrictions and be suitable for families with children.
The deadline for Halifax to achieve district compliance is Dec. 31, 2024.
All MBTA Communities must comply with the Law. Communities that do not currently have a compliant multi-family zoning district must take steps outlined in the DHCD guidelines to demonstrate interim compliance. Communities that fail to comply with the Law may be subject to civil enforcement action.
Non-compliant MBTA Communities are also subject to the administrative consequence of being rendered ineligible to receive certain forms of state funding. Importantly, MBTA Communities cannot avoid their obligations under the Law by foregoing this funding. The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.
MBTA Communities that fail to comply with the Law’s requirements also risk liability under federal and state fair housing laws. The Massachusetts Antidiscrimination Law11 and federal Fair Housing Act12 prohibit towns and cities from using their zoning power for a discriminatory purpose or with discriminatory effect.
An MBTA Community may violate these laws if, for example, its zoning restrictions have the effect of unfairly limiting housing opportunities for families with children, individuals who receive housing subsidies, people of color, people with disabilities, or other protected groups.
ARTICLE 2
To see if the Town will vote to: Add the following clause to Halifax General Bylaw Chapter § 62-2-D. Personal watercraft operation.
The use of Personal Watercrafts (PWC), including jet-ski watercrafts, surf jet watercrafts, and wet bike watercrafts is prohibited on East and West Monponsett Pond without a resident PWC permit, which is to be displayed prominently on the PWC at all times.
The Board of Selectman will establish a reasonable annual fee to acquire such a permit, any appropriate regulations regarding the use of such PWC’s, and a fine of not less than $300 for violations of this by-law.
Resident PWC permits are to be issued by the Halifax Police Department Resident PWC with a permit, may only be launched from one of the two town-owned ramps located at 4the Ave. or Rte. 36. PWC are prohibited from launching from the Rte. 58 State boat ramp (Wamsutta Landing). No PWC are allowed on any town owned beaches other than for the immediate purposes of launching or taking out. No PWC operation shall be allowed between the hours of 6:00 p.m. and 10:00 a.m.
Or take any other action relating thereto.
Proposed by Steven Goodman
and one hundred and fifteen (115) others