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
Date: April 08, 2004
Pursuant to the requirements of Massachusetts General Laws, Chapter 40A, Section 5, the Planning Board hereby provides the following recommendations to the April 26, 2004 Annual Town Meeting on Articles 26, 27, 28, 30 and 34. Four (4) of these articles are proposed zoning by-law or map amendments while the sixth involves Building Setback Lines. The Board held the required public hearing on March 08, 2004. Sitting for the Board were Joseph Barrell, Chairman, James Heigham, Clerk, Andrew McClurg, Karl Haglund and Deborah Emello.
ARTICLE 26: Amendment to Zoning By-Law - Section 1.4, “Definitions and Abbreviations” and Section 6.6, “Floodplain District” – update and add new definitions.
The Town’s Floodplain District by-law was reviewed by Department of Environmental Protection staff at the Flood Hazard Management Program. They identified areas where the by-law needed to be updated and/or revised to be in compliance with the National Flood Insurance Program (NFIP). The deleted definitions in Section 1.4 will be replaced (and in some cases updated) in a new Section 6.6.2 “Definitions” within the Floodplain District by-law.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 27: Amendment to Zoning By-Law – Section 1.5, “Nonconformance” – delete the entire section and replace it with new language.
This section of the by-law has not been revised in many years and is very difficult to read and to interpret. This article seeks to clarify the text to assist the user of the by-law, the Building Commissioner and the Zoning Board of Appeals. It also expands the authority of the Building Commissioner in a limited fashion to allow specified alterations to non-conforming single and two-family dwellings.
The Board voted unanimously (5:0) to recommend adoption of this article. .
ARTICLE 28: Amendment to Zoning By-Law – Section 6.10, “Inclusionary Housing” – amend definitions for “Affordable Housing Unit” and “Annual Shelter Cost”.
This article seeks to make some minor changes within the text so all of the affordable units created can be counted under the state’s Chapter 40B regulations. These changes were recommended by the Town’s housing consultant.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 30: Amendment to Zoning Map – re-zone a portion of the Highway Department property and two abutting parcels on B and C Streets to General Residence (R).
The Town approved the construction of two (2) duplexes with three (3) affordable units on B Street. When the final plan was being drawn up just prior to the Town meeting vote, it was noticed that the Highway Department land is zoned General Business (B), which does not allow housing. This petition will place the new building lot and portions of two abutting residential lots (81 and 69) completely within the General residence (GR) zoning district. The two existing lots are currently split by this zone line.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 34: Deletion of Selected Building Setback Lines
This article seeks to eliminate the Building Setback Lines within Central and Palfrey Square areas enacted in 1912, prior to the adoption of the Town’s Zoning By-Laws in 1925. The Board identified Building Setback Lines (BSL) within the 5 commercial areas and noted that they do not apply to the entire Town and are not uniform throughout the areas in which they are located. Town Meeting is the only governmental body that can reduce or eliminate a particular BSL and as a result this process can be quite burdensome on the property/business owner.
The Planning Board voted unanimously (5:0) to recommend deleting them from only Central & Palfrey Squares.
Questions or requests for additional information concerning these articles and recommendations can be directed to the Office of Community Development.
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