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regarding the proposed ballot initiative and the possible loss of Chapter 40B. options within the <br />existing Zoning Bylaw were investigated regarding affordable housing development and it was <br />determined that the Cluster zoning Bylaw allows the Board flexibility with lot size and setbacks and <br />could allow a zero lot lire, similar to a townhouse. Presently, the Bylaw allows the zero setbacks but <br />must provide reasonable privacy with a buffer between residents, but landscaping obviously can not be <br />placed between duplexes with a zero lot line. The bylaw change will add the first amendment "except <br />where attached zero setback residents are allowed by the Board_" The second amendment clarifies the <br />pro isio n that 1 of each 10 units be set wide for affordable housing as- a donated lot or construction of <br />an affordable unit and upon completion, the developer may be allowed an additional 1 fhlot that could <br />be developed at market rate. Clarification is needed to allow more than 1 lot of the 10 to be developed <br />s affordable housing providing more than 1 per to bonus lots. The Chair questioned if all units were <br />affordable and Mr. Fudala responded that the number of units on the property could -be doubled. Mr. <br />Balzarini questioned if all of the Tribe's units wi..11 be counted toward affordable housing to which Mr. <br />Fudala responded that they will be receiving:federal funding so all uruits will be counted towards the <br />To n's affordable housing rate. Mr. Fudala added thaut a wastewater treatment f cilit -will be needed <br />t the site, subject to DEP because of the zero net nitrogen nxlutrement and surrounding properties will <br />need to be tied into their system. <br />Mr. Mullin in suggested that the article could have been beter drafted and expressed concern about -the <br />intent of the article prior to knowing the results of the baflot question. Mr. Fudala responded that the <br />Tribe plans to use 40B unless it is el irrdnated due to the ballot question. Mr. -Mullin stated that <br />19'arnended" was used 3 times in the first sentence and felt that it was not being amended and that it was <br />redundant. The Chair confirmed that the petition had ahrady been forwarded for the warrant. llrfr. <br />Petersen questioned whether zero setback residences had been addressed in the past and. Mr. Fud.ala <br />stated that, due to limited land, no one has subdivided land. It was further explained that <br />condominiums fall under a Multifamily Development Bylaw. Previously the Cluster Bylaw dealt only <br />with reducing lot sizes and was amended in 2004 to create more flexibility and allows for development <br />Planning around natural resources. Mr. Petersen questioned whether the Planning Board has any say in <br />40B housing and � r. Fu ala confinned that 40B lousing projects are heard by the Zoning Board of <br />Appeals with no rules. The Chair added that 40B can petition for a comprehensive perms that waives <br />local zoning and if denied, the decision pan be appealed only -if the Town has less than l o°/o of year <br />round deeded affordable housing. Mr. Petersen expressed concern about the 1 for 1 condition if a <br />developer proposing affordable housing overbuilds the property without any restrictions. The Chair <br />clarified that at least 1 unit out of 10 must be affordable. Mr. Fudala added that the request gill be <br />special permit and not by right and the Planning ward will be able to say no to a project that concerns <br />the Board. Regarding the Cluster zoning Bylaw, the Chair questioned the available amount of open <br />space. Mr. Fudala responded that a minimum of °/ open space is required and the Chair described it <br />s a smart growth concept. Mr. Fudala stated that nawral resources are inventoried and wetlands are <br />set aside and the best locations and roads are identified before identifying the lot lines. Mr. Mullin <br />expressed his preference to await the 1►Iashp a results of the November vote regarding the 40B petition <br />question. Mr. Balzarini started and Mr. Fla and the Chair agreed that a recommendation roust be <br />voted on to forward it to Town Meeting. There were no comments from the Public regarding the <br />proposed bylaw change_ <br />MOTION: Mr. Balzarxni made a motion to close the public hearing on the two atoning articles. <br />Mr. Mullin seconded the motion. All voted unanimously. <br />N <br />