MOVED that the Town vote to accept the following streets or portions thereof, constructed by developers under the requirements of the Subdivision Control Law and as laid out by the Board of Selectmen according to plans on file with the Town Clerk, including the taking or acceptance of easements as shown on said plans:

Carleton Drive

Cedar Springs Lane

A portion of Bridle Trail Road

Article 4 Explanation: The streets included in this Article have been built by developers, according to the Town's Subdivision control law. Acceptance of these streets as public ways requires approval by Town Meeting.

Town Meeting Actions ()

Disposition

Approved by unanimous consent

ARTICLE 5:

TRANSFER OF LAND TO BOARD OF SELECTMEN (WEST STREET)

MOVED that the Town vote to transfer a portion of land on West Street containing approximately 11,315 square feet; now held by the School Committee for school purposes, to the Board of Selectmen for general purposes; said land being more fully shown on a plan entitled, Jurisdictional Plan Showing Area To Be Used for Sewer Pumping Station, dated March 2, 1998 and on file with the Engineering Division of Department of Public Works.

Article 5 Explanation: The reconstruction of the West Street pumping station will require a portion of the new station to be built on land currently under the jurisdiction of the School Committee. This Article will transfer the required land to the Board of Selectmen.

Town Meeting Actions ()

Disposition

Approved by unanimous consent

ARTICLE 6:

AMEND ZONING BY-LAW - DESCRIPTION OF FLOOD PLAIN DISTRICTS

MOVED that the Town vote to amend the Needham Zoning By-Law, as follows:

(a)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.3, by adding language to subparagraph (b) so that the entire subparagraph shall read as follows (new language underlined):

"(b) One hundred thirty-seven (137) feet above mean sea level westerly of the line described in the preceding paragraph (a) and also including all that land at or below elevation one hundred thirty-seven (137) feet mean sea level between Cartwright Road and the Needham-Wellesley town line and between Central Avenue and the Needham-Wellesley town line."

(b)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.4, by adding language to the first sentence thereof so that the entire sentence shall read as follows (new language underlined):

"All that land along or sloping toward the Charles River between the most easterly intersection of the Needham-Dover-Wellesley town lines and the Cochrane Dam that is at or below the following elevations:"

(c)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.4, by adding language to subparagraph (a) so that the entire subparagraph shall read as follows (new language underlined):

"(a) One hundred ten (110) feet above mean sea level between the most easterly intersection of the Needham-Dover-Wellesley town lines and a line projected perpendicular to the center line of the Charles River extending westerly from the Metropolitan District Commission sewer manhole, Station #43 + 33.20, seventy-eight hundred (7800) feet more or less downstream."

(d)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.7, by adding language to the first sentence thereof so that the entire sentence shall read as follows (new language underlined):

"All that land along or sloping toward the Charles River between the Greendale Avenue Bridge easterly and northerly along the Charles River in Needham to the Needham-Wellesley town line that is at or below the following elevations:"

(e)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.7, by adding language to subparagraph (c) so that the entire subparagraph shall read as follows (new language underlined):

"(c) Ninety-one (91) feet above mean sea level between the Kendrick Street Bridge and the Sudbury Aqueduct."

(f)

In Section 2.3, Description of Flood Plain Districts, Subsection 2.3.7, by adding a new sub-paragraph (d) to read as follows:

"(d) Seventy-five (75) feet above mean sea level between the Sudbury Aqueduct and the Needham-Wellesley town line. (Note: Add 105.64 feet to mean sea level elevations to determine elevations on Needham sewer base datum.)"

Article 6 Explanation: This article describes the geographical boundaries of those additional areas proposed to be placed in the Town's Flood Plain District. In order for residents of a community to be eligible to receive flood insurance, the community must agree to abide by the National Flood Insurance Program's minimum requirements for flood plain management. These modifications have been prepared to ensure compliance with the requirements of that program. The revisions place within the Town of Needham's Flood Plain District those areas designated as flood plain on the Federal Insurance Rate Maps and accompanying Flood Insurance Study which are not otherwise included within the Town's Flood Plain District.

The expanded Flood Plain District would included: (a) all that land sloping toward Fuller Brook at or below elevation one hundred thirty-seven (137) feet above mean sea level between Cartwright Road and the Needham-Wellesley town line; (b) all that land sloping toward the Charles River at or below elevation one hundred ten (110) feet above mean sea level between the intersection of the most easterly point of the Needham-Dover-Wellesley town lines situated on the northerly side of Charles River Street and the westerly side of Winding River Road; (c) all that land sloping toward the Charles River at or below elevation ninety-one (91) feet above mean sea level between the Highland Avenue Bridge and the Sudbury Aqueduct; and (d) all that land sloping toward the Charles River at or below elevation seventy-five (75) feet above mean sea level between the Sudbury Aqueduct and the Needham-Wellesley town line.

Town Meeting Actions (5/4/98 8:49 pm - 9:00 pm )

Disposition

Approved

Discussion

Mr. Paul Killeen proposed three areas to be declared as floodplains. Requests discussion of articles 6 and 7 together. In article 7 the homeowners can request exemption. There appear to be no houses in these areas.

ARTICLE 7:

AMEND ZONING BY-LAW - FLOOD PLAIN DISTRICT REGULATIONS

MOVED that the Town vote to amend the Needham Zoning By-Law, as follows:

(a)

In Section 3.3, Uses in Flood Plain District, Subsection 3.3.3, Uses Requiring a Special Permit, by adding a new sub-paragraph (h) to read as follows:

"(h) Any use permitted in the underlying district in which the land is situated, subject to the same use and development restrictions as may otherwise apply thereto, provided that the land designated as being within the Flood Plain District is found by the Board of Appeals not, in fact, to be subject to flooding. The Board of Appeals shall refer each question on this matter to the Planning Board, Conservation Commission, Board of Health, and Department of Public Works, and shall not act until these agencies have reported their recommendations or 45 days have elapsed after such referral and no report has been received."

(b)

In Section 3.3, Uses in Flood Plain District, by changing the designation of the existing Subsection 3.3.5, National Flood Insurance Program (NFIP) Requirements, to Subsection 3.3.6 and by adding a new Subsection 3.3.5, General Provisions Relating to Flood Plain District, to read as follows:

"3.3.5 General Provisions Relating to Flood Plain District

(a) All development in the Flood Plain District, including structural and non-structural activities, whether permitted by right or by special permit shall be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: (i) Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 3107.0, "Flood Resistant Construction"); (ii) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); (iii) Inland Wetlands Restriction, DEP (currently 302 CMR 6.00); and (iv) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5). Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(b) All subdivision proposals in the Flood Plain District shall be reviewed to assure that: (i) such proposals minimize flood damage; (ii) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (iii) adequate drainage is provided to reduce exposure to flood hazards.

(c) Base flood elevation data shall be provided for subdivision proposals or other developments of greater than 50 lots or 5 acres, within unnumbered A zones, as shown on the Flood Insurance Rate Map (FIRM) dated June 5, 1989.

(d) Within areas designated Zone A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, as shown on the Federal Rate Insurance Map (FIRM), Floodway Map, and Flood Insurance Study dated June 5, 1989, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge."

Article 7 Explanation: This article would add certain conditions to the granting of special permits by the Board of Appeals under existing sections of the Zoning By-Law that relate to limited construction in a Flood Plain District. The conditions deal with base flood elevation and floodway data, existing state regulations pertaining to flood plain management, and National Flood Insurance Program standards, and are required under the National Flood Insurance Program. In addition, the article authorizes the Board of Appeals to issue a special permit on land designated as being within the Flood Plain District for any use otherwise permitted in the underlying zoning district in which the land is situated, provided that the land designated as being within the Flood Plain District is found by the Board of Appeals not, in fact, to be subject to flooding. The Board of Appeals would be required to refer each such question on this matter to the Planning Board, Conservation Commission, Board of Health, and Department of Public Works, and could not act until those agencies had reported their recommendations or 45 days had elapsed after such referral and no report had been received.

Town Meeting Actions (5/4/98 9:00 pm - 9:03 pm)

Disposition

Approved

Discussion

Mr. Paul Killeen also discussed this article. See previous discussion.

Mr. Hunt asked Conservation Commission about building on floodplain. No building allowed; Article 7 does not change that.

ARTICLE 8:

AMEND ZONING BY-LAW - SITE PLAN REVIEW

MOVED that the Town vote to amend the Needham Zoning By-Law, as follows:

(a)

In Section 7.4, Site Plan Review, Subsection 7.4.2, Definitions, by revising the fifth paragraph thereof to read as follows (new language underlined):

"In the Center Business District, a MAJOR PROJECT is any construction project which creates or adds gross floor area; or any construction project which changes an exterior facade; or any project which involves a change in part or all of an existing building or lot from one use category to another as defined under Subsection 3.2.2 of this By-Law and which results in an increase in the number of required parking or loading spaces. (For purposes of this section, facade change shall not include provision of awnings nor the replacement of windows and doors provided such items conform with the design standards as articulated in the 'Town of Needham, Design Guidelines for the Business District', dated August 15, 1995."

(b)

In Section 7.4, Site Plan Review, Subsection 7.4.2, Definitions, by inserting a new tenth paragraph to read as follows:

"In the Center Business District, a MINOR PROJECT is any construction project which involves a change in the exterior facade of a building and the project is not a Major Project as defined by this By-Law."

Article 8 Explanation: This article would allow certain types of facade modifications in the Center Business District to be reviewed by the Planning Board as Minor Project Site Plans rather than Major Project Site Plans. Provision of awnings and the replacement of windows and doors would be afforded this shorter review period provided such changes conformed with the "Town of Needham, Design Guidelines for the Business District", dated August 15, 1995.

Town Meeting Actions (5/4/98 9:22 pm - 9:30 pm )

Disposition

Approved

Discussion

Mr. Robert Smart. Purpose to make awnings, windows, and doors Minor Projects.

Mr. Cogswell, Board of Selectmen supports.

Mr. John Edgar. Economic Development Committee. This is a minimal and sensible proposal.

Mrs. McQuillan asked why central only? Because the regulation only affects center businesses.