Memo To: Town Meeting Members
Delores Keefe, Town Clerk
From: Timothy D. Higgins, Senior Planner
Subject: Planning Board Report to the
November Special Town Meeting
Date: November 05, 2003
Pursuant to the requirements of Massachusetts General Laws, Chapter 40A, Section 5, the Planning Board hereby provides the following recommendations to the November 17, 2003 Special Town Meeting on Articles 9 through 14. Five (5) of these articles are proposed zoning amendments while the sixth involves Building Setback Lines. The Board held the required public hearing on October 21, 2003. Most of the proposals are a result of the Trapelo Road/Belmont Street Corridor Planning Study. Sitting for the Board were Joseph Barrell, Chairman, James Heigham, Clerk, Andrew McClurg, Karl Haglund and Deborah Emello.
ARTICLE 9: Amendment to Zoning By-Law - new “restaurant” definitions to Section 1.4
The article seeks to add new definitions for various types of restaurants and catering as the existing definition for restaurant is too broad and all encompassing. It has been interpreted to include bakeries, ice cream shops, candy stores, and catering services. These uses, however, do not have the same impact as a restaurant and therefore should be treated differently.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 10: Amendment to Zoning By-Law – New Use Regulations
This article seeks to create new use regulations that implement the provisions of Article 9. The new text would clearly define where specific types of restaurants are allowed, set square foot maximums and specify what type of permit is necessary. “By-right” uses would require a Design & Site Plan Review approval from the Planning Board. This permit process is less time-consuming than a Special Permit from the ZBA. It also addresses the issue of nonconforming restaurants in the LBIII Districts. Furthermore, since bakeries, ice cream shops, and candy stores are more retail in nature, they will be allowed by-right in commercial districts LBI, LBII and LBIII.
The Board voted unanimously (5:0) to recommend adoption of this article. .
ARTICLE 11: Amendment to Zoning By-Law – Text Deletion
This article seeks to delete a provision within the By-Law that contradicts another section. The Town currently allows convenience stores (Store 24, White Hen Pantry) to sell some prepared food items as accessory to their primary use. Existing text conflicts with this allowed use and should be deleted.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 12: Amendment to Zoning By-Law – Text Deletion
This article seeks to delete a parking fee provision originally adopted in 1988. Since that time, it has become apparent that this requirement does not work in Belmont. There is not enough commercial activity to make it function as originally designed.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 13: Amendment to Zoning By-Law – Development Impact Report
This article seeks to create a requirement that the developer pay for a peer review of their project at the developer’s expense. This would only occur in certain circumstances where the Planning Board or Zoning Board of Appeals determine it is necessary. Currently, any such reviews are at the expense of the Town unless it is otherwise negotiated.
The Board voted unanimously (5:0) to recommend adoption of this article.
ARTICLE 14: Deletion of Building Setback Lines
This article seeks to eliminate the Building Setback Lines enacted in 1912, prior to the adoption of the Town’s Zoning By-Laws in 1925. The Building Setback Lines (BSL) do not apply to the entire Town but are found in only some areas and are not applied uniformly 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 Board voted unanimously (5:0) to recommend adoption of this article.
Questions or requests for additional information concerning these articles and recommendations can be directed to the Office of Community Development.
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