9/5/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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Mendoza stated that other communities had the same language, with granting from the Building Commissioner. Mr. Fudala stated that the Article removed grandfathering and Mr. Mendoza strongly disagreed. The Chair invited public comment. Mr. Lynch agreed that the proposed Article was a radical change to the existing Bylaw, suggesting that it watered down the current safeguards. The Chair wished to comment to the Board of Selectmen that there was passionate discussion regarding the Article and whether or not it dissolved grandfathering, and asked to seek advice from Town Counsel with feedback to be provided prior to the Public Hearing. M®TION: Mr.Balzarani made a motion to adjourn. It was noted that there were additional Articles to be considered. Warrant Article 19: Setbacks from Water or Wetlands-The Chair stated that the Planning Board had seen the Article before and had voted against it. The Article would be further discussed at the Public Hearing although Mr. Fudala pointed out that the Article had a technical problem. Mr. Fudala recommended stating that a Zoning Bylaw could not refer to a non-zoning entity, listed as the Conservation Commission in the proposed Article, suggesting instead that the Article end it at"in its entirety." Mr. Mendoza agreed to the change and in responding to the public, confirmed that it would eliminate the SO foot setback. The Chair stated that Mr. Fudala was recommending a change that would eliminate illegal language. The Chair stated that they were correcting language, suggesting that they were not sure the Article would receive support at the Public Hearing. Mr. Mendoza clarified that the 50 foot setback would not be removed, but that instead, the Conservation Commission would protect the buffer. The Chair indicated that the Planning Board may not be in agreement with the Building Commissioner but wished to correct the language so that it would be acceptable to the Attorney General. Warrant Article 20: I-1 District Parking-The Chair stated the likelihood that she would not support the Article that allowed parking on any side of a building, but did not see any error in the text, Mr. Lehrer made a comment to the Building Commissioner about not allowing parking on a primary thoroughfare. Mr. Fudala stated that the Bylaw requiring parking at the side or the rear had been jointly submitted by the Planning Board, Board of Selectmen and the ZBA. Mr. Fudala noted that the ZBA continued to grant variances, adding that the intent of the Bylaw was for aesthetic reasons, requiring that vehicles parked at the side or the rear of buildings. Warrant Article 21: Deletion of Section 174-25 I(9) in its entirety-According to Mr. Fudala, the Chair indicated that the Article would eliminate the requirement that a dock proposed to exceed 70 feet in length must receive a Special Permit from the ZBA. Mr. Lehrer responded that the Conservation Commission was the authority on the issue but the Chair responded that the Planning Board preferred extra protection. Mr. Fudala stated that the Bylaw being proposed to be deleted provided the use list and provided an explanation for the ZBA to prove a Special Permit. Mr, Fudala also stated that the deletion would remove the right to build a dock and recommended re-drafting the listing of the use, creating a table of uses. There was consensus for the Chair to notify the Selectmen that there was concern that the proposed Article could remove the right to have the uses allowed by right in Town. Mr. Fudala could provide a draft to the Chair. Warrant Article 22: Swimming Pool Setbacks-Mr. Mendoza stated that the Bylaw did not properly define the location of a pool, which he felt would best be placed with Sheds. There were no comments from the Board. Mr. Fudala commented that it should be changed to 10 feet. 11