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OFFICE OF COMMUNITY DEVELOPMENT
Town Hall
455 Concord Avenue
Belmont, Massachusetts 02478-0900
617-489-8229, fax; 617-489-9156
Memo To: Town Meeting Members
Delores Keefe, Town Clerk
From: Timothy D. Higgins, Senior Planner
Subject: Planning Board Report to the 2004 Annual Town Meeting
Citizen’s Petition for a Demolition Moratorium
Date: April 30, 2004
Pursuant to the requirements of Massachusetts General Laws, Chapter 40A, Section 5, the Planning Board hereby provides the following recommendation to the April 26, 2004 Annual Town Meeting on Articles 29 and 35. These two Articles are amendments to the Belmont Zoning By-Law, Section 6 “Special Regulations” by adding a new “Section 6.11 Interim Controls – Demolition Moratorium”. This is a citizen’s petition to implement a one year moratorium on the demolition of single-family dwellings to be replaced by two-family structures. The Board specifically reviewed and commented on Article 29 as drafted by Town Counsel and as a result presumed that Article 35 (the original petition text) will be dismissed. The Board held the required public
hearing on April 29, 2004. Sitting for the Board were Joseph Barrell, Chairman, James Heigham, Clerk, Andrew McClurg, Karl Haglund and Deborah Emello.
The Board recommended that Article 29 be approved by Town Meeting by a 3:2 vote with the two (2) amendments noted below.
1. The proposal should only apply to the General Residence (R) zoning district. The Board opined that the provision should not include other residential zoning districts where two-family dwellings are not allowed in any case. Therefore, the word “Town” in the first sentence of the proposed “Section.6.11.1 Purpose” should be deleted and replaced with the text “General Residence (R) zoning district only”. So the revised sentence shall read
“Section 6.11.1 Purpose
The purpose of the Demolition Moratorium is to provide a temporary period of prohibition on the demolition of detached single-family dwelling units in the General Residence (R) zoning district only, where such detached single-family dwelling unit is replaced with any residential structure other than a single-family dwelling on the same lot, while the Town engages in planning studies to address the affects of such demolition and construction and recommends long-term regulations consistent with sound land use planning goals and objectives.”
2. The last sentence in proposed “Section 6.11. 4 Time Limitation” that reads, “In the event that such action is taken by Town Meeting prior to May 31, 2005, these provisions shall not be construed to have lapsed on such date.” should be deleted. The Board believed that this was confusing and the moratorium, if adopted should end on a specific date. The revised “Section 6.11.4” should read as follows:
“6.11.4 Time Limitation
The provisions of this Section 6.11 shall expire on May 31, 2005; provided, however, that by vote at Town Meeting before said date, they may be extended for an additional period to continue planning studies necessary to promote the establishment of long-term regulations consistent with sound land use planning goals and objectives.”
The Board voted three (3) members in favor (J. Heigham, A. McClurg and K. Haglund) and two (2) members opposed (J. Barrell and D. Emello) to recommend adoption of Article 29.
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