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ZONING/LAND USE ARTICLES


ARTICLE 4: STREET ACCEPTANCE

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:

Burr Drive, from South Street to the end;
Cynthia Road, from Central Avenue to the end of the 1971 layout;
Louart Road, from Central Avenue to Cynthia Road;
Wildale Circle, from Cynthia Road to the end.

Approved by Unanimous Consent.
ARTICLE 5: AMEND ZONING BY-LAW - MAXIMUM BUILDING COVERAGE FOR RESIDENTIAL LOTS IN SINGLE RESIDENCE A, SINGLE RESIDENCE B, AND GENERAL RESIDENCE DISTRICTS

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

  1. In Section 4.2, Dimensional Regulations for Rural Residence-Conservation, Single Residence A, Single Residence B, General Residence, and Institutional Districts, Subsection 4.2.1, Table of Regulations, by revising the seventh column thereof so that it shall read as follows (new language underlined):
    District "Maximum
    % Lot
    Coverage
    Rural Residence-Conservation 15%
    Single Residence A 15%
    (f)
    Single Residence B 25%
    (f)
    General Residence 30%
    (f)
    Institutional NR"
  2. In Section 4.2, Dimensional Regulations for Rural Residence-Conservation, Single Residence A, Single Residence B, General Residence, and Institutional Districts, Subsection 4.2.1, Table of Regulations, by adding the following new language to paragraph (b) so that it shall read as follows (new language underlined):
    "(b)
    No building or structure, or addition to any building or structure, but not including accessory buildings or structures, shall be erected or placed on a lot which will result in the covering by buildings or structures of more than fifteen percent (15%) of the lot area in a Rural Residence Conservation District or in a Single Residence A District, or of more than twenty five percent (25%) of the lot area in a Single Residence B District, or of more than thirty percent (30%) of the lot area in a General Residence District."

Referred to Committee.
Amendments:
  • Mr. Paul Killeen of the Planning Board moved to refer the substance of Article 5 back to the Planning Board.
    Approved.
  • Mr. Richard Weitzen proposed, but later withdrew, an amendment requiring the Planning Board to bring any future versions of this article to a vote more than six months in the future so as to "release the hostages" who are disinclined to build when there is a possibility they will be in violation of the bylaw. He withdrew it after learning that such a change could not be enforced.

Discussion (combined with discussion of Article 6) 8:34 - 8:58, May 5: Even though the Planning Board moved to refer, this article generated considerable discussion. Mr. Killeen stated that the Planning Board wished to have the substance referred so that they could come up with a more acceptable plan; a task force will be set up to do this. The largest concern of the town meeting members seemed to be based on the state law that makes property owners liable for changes to their property which violate a bylaw which was advertized before they made the modifications and enacted within 6 months after its initial hearing, even if this is after the property owners began the work. Some homeowners have been waiting to see whether or not this bylaw was passed. If this article were defeated this evening, could these "hostages" begin work without incurring liability? Both Mr. Killeen and Mr. Daniel Matthews, Chairman of the Selectmen, pledged that the six months would expire before any action would be taken. Mr. David Tobin, Town Counsel, stated that while no one could guarantee that the matter would not be brought before Town Meeting before the 6 months expired, the pledges expressed as well as the requirement that Town Meeting actually pass the motion effectively clears up the difficulty.

Move to Reconsider 7:55-8:20 May 12: Mrs. Betsy Tedoldi asked for reconsideration. "A dark cloud is over the town." Says people do not understand the effect of not defeating these articles, Dr. Davis supports her request; there is no negative to voting them down. Mr. Tobin says in his opinion the cloud is not removed by voting the articles down. Mr. Dan Matthews says the Selectmen share the concern, but since the Town Meeting Members have to make any such vote, it need not be done now.

Defeated


ARTICLE 6: AMEND ZONING BY-LAW - FLOOR AREA RATIO (F.A.R.) FOR RESIDENTIAL LOTS IN RURAL RESIDENCE CONSERVATION, SINGLE RESIDENCE A, SINGLE RESIDENCE B, AND GENERAL RESIDENCE DISTRICTS

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

  1. In Section 4.2, Dimensional Regulations for Rural Residence-Conservation, Single Residence A, Single Residence B, General Residence, and Institutional Districts, Subsection 4.2.1, Table of Regulations, by revising the sixth column thereof so that it shall read as follows (new language underlined):
    District "Maximum
    Floor Area
    Ratio
    (F.A.R.)
    Rural Residence-Conservation 0.15
    (e)
    Single Residence A 0.15
    (e)
    Single Residence B 0.40
    (e)
    General Residence 0.40
    (e)
    Institutional NR"
  2. In Section 4.2, Dimensional Regulations for Rural Residence-Conservation, Single Residence A, Single Residence B, General Residence, and Institutional Districts, Subsection 4.2.1, Table of Regulations, by adding the following new paragraph (d) at the end of the subsection to read as follows:
    "(d)
    Single-family and two-family dwellings in a Rural Residence-Conservation District or a Single Residence A District shall be subject to a maximum floor area ratio of 0.15. Single-family and two family dwellings in a Single Residence B District or a General Residence District shall be subject to a maximum floor area ratio of 0.40. For purposes of this section, floor area ratio shall be calculated by dividing the total combined gross floor area of all buildings and structures by the lot area. Gross floor area shall be the sum of the horizontal areas of the building(s) and structure(s) measured from the exterior of the framing (including, without limitation, habitable attics, porches, garages, carports, and similar elements) covered by a roof, exclusive of area having a floor elevation six feet or more below finished grade at the street setback line."

Referred to Committee.
Amendments:
  • Mr. Paul Killeen of the Planning Board moved to refer the substance of Article 5 back to the Planning Board.
    Approved.

Discussion 8:58 - 9:00, May 5: The discussion was primarily conducted under Article 5.



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