Board of Selectmen’s Meeting
October 6, 2009
Chairman Bergstrom called the meeting to order at 4:00PM with all members and Mr. Hinchey present.
Ms. Seldin moved the Board of Selectmen vote to approve the minutes of the September 1, 2009 Board of Selectmen’s meeting. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Public Forum
*Mr. Chuck Bartlett, Vice President of the Friends of Chatham Waterways announced the Friends will be hosting a forum on Saturday October 17, 2009 at 10:00AM at the Community Center.
*Mr. Frank Messina, from the Chatham Historical Commission, said the Commissioners attended a hearing on the Mitchell River Bridge. The preliminary report from the contractor asks for input from the Mass Historic Commission and the National Register to determine if the bridge is eligible for designation as an historic structure. If the bridge is designated as historical, an additional level of review will be required. There will be another meeting in November.
*Fire Fighter Justin Tavano announced this week is national fire prevention week. The Fire Department will be hosting an open house on Saturday October 10th from 4:30PM until 6:30PM. There will be hotdogs and other light refreshments as well as demonstrations on burn awareness and prevention and a tour of the Dispatch Center.
Scallop Regulations - Open Scallop Season
Shellfish Constable Stuart Moore attended this meeting and told the Board of Selectmen the scallops are more abundant this year and he wants to make the public aware there are regulations specifically for taking scallops. Dredgers will not be allowed to have rakes this year. It is hoped this will help protect the eel grass. Scallops have to be opened in an approved environment to conform to State regulations. Opening day is on a Sunday this year so no commercial scalloping will be allowed. Recreational scalloping may begin on November 1st. The Regulations will be available on line. The season closes at the end of March, but usually the take is exhausted before then. Mr. Bergstrom asked if the season will last longer because of the ban on rakes. Mr. Moore
said it is hard to predict, but it may have some effect on the length of the season.
Mr. Whitcomb moved the Board of Selectmen vote to open the season for taking scallops on November 1, 2009 effective at 12:01AM. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to adopt the Shellfish Rules and Regulations – Scallops as presented October 6, 2009. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
Summer Residents Advisory Committee: Request to Amend General Bylaw
Mr. Don Edge presented a request from the Summer Residents Advisory Committee in support of allowing some of their members to serve on other non-regulatory committees. He said the Committee will not pursue an Article without the Board of Selectmen’s support.
Mr. Whitcomb said he would like to review the list of committees to decide which ones would be appropriate. He felt quorums might become an issue, since the members to not live in Chatham year-round.
Mr. Sussman said that since the Board of Selectmen will have control over who is appointed, he sees no harm in considering this request. He felt opening the memberships on committees to a wider group of volunteers, could have benefits for the Town.
Ms. Seldin agreed and also felt the list should be reviewed. She noted the Board of Selectmen does not appoint the Finance Committee.
Mr. Edge said the volunteers could make valuable contributions without attending meetings. Mr. Whitcomb said those contributions are always welcome whether appointed to a committee or not.
Mr. Summers had no objection to the request. Mr. Bergstrom said the Board of Selectmen could be accused of discrimination if residents were favored. He said he would be willing to look into it further, with some reservations.
Mr. Sussman moved the Board of Selectmen ask Town Counsel to prepare an Article to allow Town Meeting to consider changing the Bylaw to allow appointment of non-voting taxpayers to more committees. He noted he would like consideration of committees vs. commissions. Mr. Summers seconded the motion. and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb said he would like to know who is not attending meetings; or of groups that are not meeting as was intimated.
Cost Centers
Secretarial Support to Committees
The Board of Selectmen had a discussion concerning recording of meetings. Mr. Hinchey said there will be little cost savings by eliminating some of these hours. The regulatory boards are covered by staff and provide further support to the boards. Some committees do their own meetings, and are following legal requirements. Mr. Bergstrom noted it is more important to have accuracy than to save a small amount of money.
Permit Office
Finance Director Jennifer Petit told the Board of Selectmen the Director of Information Technology Ray Medeiros and Permit Administrator Judy Kent are in attendance to answer any specific questions the Board may have. Mr. Bergstrom asked about the seasonal staff and suggested staggering the due dates for permits. Ms. Petit said the Town could lose revenue if the permits were sold in two different fiscal years. Mr. Medeiros said staff has been looking at online permitting and has decided on a program which will be implemented for renewal of transfer station, beach and shellfish permits. It is the staff’s goals to have the program up and running for the 2010 renewals. This software can only be used for renewals because new permits require verification of residence or property ownership. Mr. Whitcomb, noting this is not a large cost center, asked if there will be savings or any loss of service with the program. Mr. Medeiros said other communities have cut down of foot traffic
and postage. Ms. Seldin said she believes this will provide enhanced services.
Harbormaster
Harbormaster Stuart Smith attended this meeting to talk about the departments cost centers. Mr. Sussman asked Mr. Smith to characterize the year-round vs. seasonal enforcement. Mr. Smith said the enforcement is year-round because of the large commercial fishing fleet, seasonally it becomes busier.
Mr. Sussman asked if it is possible to have one of the full-time positions made part-time. Mr. Smith explained the Harbor Patrol is comprised of part-time positions and is seasonal.
Ms. Seldin asked about the designation of assistant harbormasters. Mr. Smith said all assistants have to go through the classes which are paid for by the Seaport Bond Bill under the State.
When asked about the mooring data base, Mr. Smith said the base keeps changing, but the department is preparing an update for the Board of Selectmen after talking to the Stage Harbor Management Plan Committee. He feels through time and attrition, the information will become more accurate. Mr. Smith said the mooring permits are renewed annually according to State Statute. Renewals can be a lengthy process and can take months to complete if the applicants are not efficient in their paper work.
Mr. Smith thanked the Coast Guard Auxiliary, who helped with the mailings in exchange for being allowed to include notices in the renewals.
Mr. Bergstrom asked about overhead costs for fuel and maintenance. Mr. Smith said the Town fuel depot is used when a boat is hauled out, but it would be too time consuming to haul out just to be fueled. Mr. Smith said there is no bid, but he uses several sources depending on the location and circumstances. He said staff performs routine maintenance and is used in conjunction with expert services when needed.
Mr. Summers asked if the Permit Department could be used for handling mooring renewals and if it would be more efficient with the software program. Ms. Petit said the mooring renewals is a more lengthy process which includes 3,000 moorings and two mailings a year. The staff is looking at online mooring renewal through the GIS and people forms. Mr. Medeiros said he is gathering information as to what data is needed to go to professional development sources to develop a program.
The Power Point for moorings should be available in mid December.
Mr. Smith told the Board proof of registration and documentation for proof of ownership needs to be verified as well as tackle inspections. There is a great amount of personal interaction when people want a new mooring or a change in the type and size of the vessel, etc.
Ms. Seldin said she has consulted with other communities that have done this and suggested there are models. Mr. Smith said he was not aware of any on the Cape and noted there few towns which have 3000 moorings. Ms. Petit said staff has researched other programs and there are not a lot of communities in the State which have these types of programs. She said the staff is aware Manchester by the Sea is just beginning a pilot program. The costs can’t be assessed until more consideration of Lighthouse Beach has been completed. Ms. Seldin asked if the staff has been considering raising the mooring fees. Mr. Hinchey suggested the Board of Selectmen may feel the Lighthouse Beach program should be paid for with increased mooring fees.
Mr. Whitcomb asked Mr. Smith to discuss the need for four full time year-round employees. Mr. Smith said even with online renewals there is need for management and oversight. He said Chatham staff is below or in-line with what other communities are doing. Chatham is unique in that we have a municipal fish pier with seventy to eighty businesses working out of Aunt Lydia’s Cove. The pier operates year round and needs a full time attendant. Staff is also needed for vacation coverage or sick time. The fish pier operates twenty four hours a day checking docking permits. Chatham has more moorings than other communities and more length of marine environment.
Mr. Summers asked if local firefighters were used to add one more person to the Lighthouse Beach Staff. Mr. Smith said medics and EMTs from Brewster and Harwich were used to save money.
Schools
Mr. Hinchey said the Board of Selectmen needs to have a general discussion about what is anticipated for the School budget. Mr. Bergstrom noted the Board of Selectmen has limited control of the school formula and budget. Ms. Seldin felt discussion needs to take place with the School Committee concerning reductions or override, etc. This will be discussed again at next week’s meeting.
Metropolitan Planning Organization Recommendation
Mr. Bergstrom announced the nominations for election to the MPOR are closed. Selectmen will receive ballots in the mail. No action was taken on this Agenda item.
Lighthouse Beach Update
Ms. Seldin asked about the process for the suggested recommendations in the summer 2009 Beach Report and whether the Board should wait for the Parks and Recreation Commission to act on the recommendations or proceed to discuss the recommendations. Mr. Hinchey said the Board needs to have some discussion in its efforts to develop the budget, but can discuss the recommendations further when the Parks & Rec have reviewed it and considered the recommendations.
Mr. Dan Tobin, Director of Parks and Recreation said the Lighthouse Beach Operational Plan was successful. He told the Board the staff was professional, pro active and maintained dialogue with the beach users as to safety. The cooperative efforts of several departments added to the success. The staff feels the Red Flag System was helpful though the Plan still needs to address wading in the “no swim” zone. The staff feels the recommendation for improvements to the Plan would enhance safety. Mr. Tobin noted this is a large area and more surveillance of the more dangerous areas is needed.
Since this was the first year of the Plan, it was noted that bad weather and the economy, affected use of the beach so staff felt this could not be used as a definitive report when compared to ideal summer conditions.
Over the winter there will be consultation with other communities on how they handle the sharks when they invade beach areas.
Ms. Seldin said the Chamber of Commerce web site does not talk about safety issues on the beach. She said she realizes the Chamber has a focus, but could possibly help the Town to educate visitors. Mr. Hinchey said the Town will search for ways to expand on education.
The portable toilets will be handled differently next season, because of the extensive use.
The Board will discuss this more after the Parks and Recreation Commission responds to recommendations
Special Town Meeting Warrant, Recommendations, Sign Warrant
Director of Health and Environment Bob Duncanson attended this meeting. Mr. Duncanson told the Board of Selectmen Articles 1-4 are for easements for locating sewer pump stations necessary for the expansion of the Sewer System in accordance with the Comprehensive Wastewater Management Plan.
All of the property owners have been contacted and expressed their willingness to provide easements or other arrangements to allow the placement of the pump stations. Negotiations are ongoing. Any monies required to ensure the placement of the stations has already been appropriated in related articles.
Article 1 – Barn Hill Road – Sewer Pump Station
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain a permanent easement for the purposes of the construction, installation, use, maintenance and operation of a sewer pump station and all necessary appurtenances thereto as shown on the accompanying sketch and to authorize the Board of Selectmen to do all things necessary to carry out the provisions of this article, or take any other action in relation thereto.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting Warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to recommend approval of this Article to the Town Meeting. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 2 - Horse Shoe Lane – Sewer Pump Station
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain a permanent easement for the purposes of the construction, installation, use, maintenance and operation of a sewer pump station and all necessary appurtenances thereto as shown on the accompanying sketch and to authorize the Board of Selectmen to do all things necessary to carry out the provisions of this article, or take any other action in relation thereto.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting Warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to recommend approval of this Article to the Town Meeting. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 3 - Huckelberry Lane – Sewer Pump Station
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain a permanent easement for the purposes of the construction, installation, use, maintenance and operation of a sewer pump station and all necessary appurtenances thereto as shown on the accompanying sketch and to authorize the Board of Selectmen to do all things necessary to carry out the provisions of this article, or take any other action in relation thereto.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting Warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to recommend approval of this Article to the Town Meeting. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 4 - Lime Hill – Sewer Pump Station
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain a permanent easement for the purposes of the construction, installation, use, maintenance and operation of a sewer pump station and all necessary appurtenances thereto as shown on the accompanying sketch and to authorize the Board of Selectmen to do all things necessary to carry out the provisions of this article, or take any other action in relation thereto.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting Warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to recommend approval of this Article to the Town Meeting. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 5 – Schedule of Dimensional Requirements
Strikethrough indicates language proposed for deletion
Underline indicates language proposed for inclusion
Italicized Words are defined in either the existing Bylaw or in the following proposed amendments:
To see if the Town will vote to amend, Appendix II. Schedule Of Dimensional Requirements, Footnote 6., as follows:
6. A building may contain either a finished basement or a finished attic but in no case shall both attic and basement areas be used as habitable space.
Including, renumbering the footnote references in the Appendix II Table and the remaining footnotes to account for the above deletion.
Or take any other action in relation thereto.
Chairman of the Planning Board Mark Zibrat explained that this Article proposes the elimination of Footnote #6 in the schedule of Dimensional Requirements which prohibits a building from containing both a finished basement and finished attic as habitable space. The recommendation to remove this prohibition is based upon the propensity of some homeowners to finish these spaces without permits, potentially compromising life safety by not providing adequate egress and/or improperly enclosing furnaces. Finishing these spaces would still require conformance with Board of Health regulations.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Sussman moved the Board of Selectmen vote to recommend approval of this Article to the Special Town Meeting. Mr. Summers seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 6 – Apartment Incidental Zoning Definition
Strikethrough indicates language proposed for deletion
Underline indicates language proposed for inclusion
Italicized Words are defined in either the existing Bylaw or in the following proposed amendments
To see if the Town will vote to amend its Protective (Zoning) Bylaw, Section II., Definitions, Subsection B., by adding the following new definition, as follows:
10. "APARTMENT, INCIDENTAL TO AN INDUSTRIAL USE" means a dwelling unit located either within an industrial structure, or on a lot in an industrial zone where at least 51% of the total floor area of the building(s) above finish grade is utilized for industrial purposes.
Including the renumbering of Subsection B. accordingly to account for adding the above new definition.
Or take any other action in relation thereto.
Mr. Zibrat explained this Article will reconcile Section II – Definitions with the 1992 Section VII change by adding a new definition. The new definition does not change the way the Bylaw has been enforced for Appartments Incidental in the Industrial zones, which will still require a minimum of 51% of the total floor area be devoted to an industrial use.
Ms. Gloria Freeman suggested this Article would encourage more apartments in the Industrial Zone. Principal Planner Terry Whalen said this does not change the Bylaw, but is a housing keeping article to correct the definition.
Mr. Summers moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Sussman moved the Board of Selectmen vote to recommend approval of this Article to the Special Town Meeting. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 7 – Special Permit Period
Strikethrough indicates language proposed for deletion
Underline indicates language proposed for inclusion
Italicized Words are defined in either the existing Bylaw or in the following proposed amendments
To see if the Town will vote to amend, Appendix VIII. Administration, Paragraph A. Enforcement, Subsection 4, as follows:
4. A Special Permit shall lapse one two years from the date the Special Permit Granting Authority files its written decision with the Town Clerk, inexcluding such time required to pursue or await the determination of an appeal under General Laws, Chapter 40A, Section 17.
Or take any other action in relation thereto.
Mr. Zibrat explained this Article proposes language changes to Section VIII – Enforcement. It is intended to reconcile with the Zoning Board of Appeals’ existing practice of allowing two years for a Special Permit to lapse instead of the one year cited in the Bylaw. The Article clarifies that this two year time period does not include any time a project is subject to an appeal under MGL Chapter 40A, Section 17.
Mr. Bergstrom objects to this change because he feels some people obtain the permits, with no intention of performing the work, but to enhance a property value when an owner decides to sell. Mr. Sussman said he feels it is reasonable because developing plans, finding a contract, etc. takes time. Mr. Whitcomb and Mr. Summers agreed.
Mr. Sussman moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to recommend approval of this Article to the Special Town Meeting. Ms. Seldin seconded the motion and the Board of Selectmen voted four in favor, one opposed (Mr. Bergstrom).
Article 8 – Site Plan Review Thresholds
Strikethrough indicates language proposed for deletion
Underline indicates language proposed for inclusion
Italicized Words are defined in either the existing Bylaw or in the following proposed amendments
To see if the Town will vote to amend its Protective (Zoning) Bylaw, Section II., Definitions, Subsection B., as follows:
27. “CHANGE OF USE” means the establishment, erection, enlargement or change of a use in an existing commercial or industrial space of a business from a different use category than the existing business; the establishment in an existing commercial or industrial space of a business with a larger customer area than the existing business; or the establishment in an existing commercial or industrial space of a business which the Zoning Officer determines may require more parking than the existing business where the resulting use constitutes a different category as indicated in Appendix I – Schedule of Use Regulations, or a use which by reason of its normal operation would cause readily observable differences
from the existing use in one or more of the following: patronage, service, noise, employment, appearance, parking, traffic or other similar characteristics.
And add the following new definition,
45. “FLOOR AREA, GROSS” means the sum of the floor area, expressed in square feet, of all floors, within the perimeter of the outside walls of the building(s) under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. If any room in a building(s) has a sloping ceiling, any portion of the room measuring less than five feet (5’) from the finished floor to the finished ceiling shall not be included in any computation of the gross floor area.
Including the renumbering of Subsection B. accordingly to account for adding the above new definitions.
And, amend, Section VI., Supplementary Regulations, A. Site Plan Review as follows:
A. Site Plan Review
1. Applicability
Except as otherwise provided herein no use shall be established, erected, enlarged or changed except in conformity with a Site Plan approved and endorsed by the Planning Board. Site Plan Approval shall be required for all uses, including as of right uses except single-family dwellings and their accessory structures, approved home occupations, agricultural and fishing uses, roadside stands, and those uses permitted in Conservancy Districts as set forth in Section IV A of this Bylaw.
Notwithstanding anything to the contrary, the provisions of this Section shall apply to the following:
1. The establishment of a use in an existing commercial or industrial space of a business with a larger customer area than the existing business.
2. The establishment of a use in an existing commercial or industrial space of a business which may require more parking than the existing business, regardless of the number of parking spaces actually physically provided for the site.
3. The re-establishment of a use in an existing commercial or industrial space of a business that has been discontinued or unused for a period of four (4) years or more.
4. Any new construction and/or any addition or alteration to existing structures which expands the gross floor area by more than 20%.
5. Any activity proposed for an existing structure or lot resulting in a Change of Use as defined in Section II – Definitions.
6. Any project resulting in an increase in either A.M. or P.M. peak hour traffic demand according to latest version of the Institute of Transportation Engineers’ (ITE) “Trip Generation” manual.
7. Uses requiring a Special Permit in the GB, SB or I Zoning Districts.
8. Any activity that would affect drainage (e.g. conversion of surface, increase of area, etc.), utilities, lighting or sewage disposal requirements.
Applicants with prospective projects that would otherwise be exempt from these provisions may request an Informal Site Plan Review to assist them in their planning.
Changes of tenants/establishments occupying existing structures or lots that do not meet any of the above applicability criteria are exempt from Site Plan Review.
The Planning Board shall have the authority to require the applicant, at his/her expense, to obtain an independent Traffic Study, in order to enable the Board to determine whether substantial traffic differences exist between the proposed use and the existing use of the property.
Site Plan Review or the approval of a Site Plan does not preclude a separate requirement for a Special Permit pursuant to any other provision of this Bylaw.
Or take any other action in relation thereto.
Mr. Zibrat said this Article will “cast a wider net” of projects requiring Site Plan Review. The changes n definitions are intended to subject a broader range of projects, especially those within the same use category o Site Plan Review. The Planning Board plans to bring changes to the remaining section of Site Plan Review to a subsequent Town Meeting.
Mr. Sussman expressed some concerns about the definition where the criteria under readily observable differences includes patronage and how the summer population relates to that; also that the definition of “appearance” is unclear. At the end of the definition it states “or other similar characteristics” which Ms. Seldin considered to be vague.
Mr. Summners said he realizes there has been reaction to the recently opened Dunkin Donuts, and he is in favor of changes to the Site Plan Review thresholds, but he also felt the definition needs to be more specific.
Mr. Zibrat will discuss the Board’s concerns with the Planning Board later this evening.
Ms. Seldin moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 9 – Projections/Assessory Buildings and Structures
Strikethrough indicates language proposed for deletion
Underline indicates language proposed for inclusion
Italicized Words are defined in either the existing Bylaw or in the following proposed amendments
To see if the Town will vote to amend its Protective (Zoning) Bylaw, Section II., Definitions, Subsection B., as follows:
93. “SHED, GARDEN STORAGE” means a single story, accessory structure, 25 sq. ft. to 100 sq. ft., used for the shelter or storage of tools and/or equipment incidental to the lot’s principal use.
94. “SHED, UTILITY” means a single story accessory structure, 25 sq. ft. to 100 sq. ft. used for the housing and operation of mechanical pumps, filters, generators, condensers, air conditioners, power shop tools and used in a manner that generates and emits noise on a continuous or regular basis.
Including the renumbering of Subsection B. accordingly to account for adding the above new definitions.
And, amend, SECTION III - D. District Area Regulations, 3. Specific Requirements as follows:
f. Projections
Architectural Features
Uncovered or unenclosed Ssteps; landings and landing platforms from entry doors providing a means of egress and stoops not exceeding thirty (30) square feet in area; eaves and cornices, bay or bow windows which do not add floor area, do not project more than two feet (2’) and are not longer than eight feet (8’) in total length; chimneys; standard bulkheads; and attached, enclosed outdoor showers not exceeding thirty (30) square feet in area; shall not extend more than 1/3 the distance into the required setbacks.
Eaves consistent with standard architectural design; cornices; and fences of less than six feet (6') or less in height or walls three feet (3’) or less in height than from existing grade; are specifically excluded from the setback requirements of this Bylaw except as otherwise regulated herein.
Exterior Mechanical System Appliances
All exterior mechanical system appliances, located at ground level, including but not limited to air conditioners; condensers; generators; and pumps; shall be set back a minimum of 2/3 the distance of the Abutters Setback to the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Placement of exterior mechanical system appliances within the Street Setback area is prohibited, except by Special Permit from the Board of Appeals. All exterior mechanical system appliances located within the Abutters Setback shall be screened from the view of abutters with evergreen plantings and solid fencing to mitigate any potential visual and noise impacts. Exterior mechanical system appliances located
at ground level associated with septic systems (e.g. blowers, clarifiers, etc…) shall be screened by measures deemed appropriate by the Building Commissioner.
g. Accessory Buildings and Structures
1. Over 100 square feet in area
All structures accessory to a residential use, including buildings over one hundred (100) square feet in area, swimming pools and tennis courts and their enclosures, shall be set back from the road street and abutters as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements.
There shall be impassable fencing at least four feet (4’) in height, around all private, in ground swimming pools. Buildings accessory to the operation of such swimming pools shall be secured at the discretion of the Building Inspector.
2. Under 100 square feet in area
Garden Storage Sheds
Garden Storage Sheds under 100 square feet in area shall be set back a minimum of 1/3 the distance of the Abutters Setback from the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Placement of Garden Storage Sheds within the Road Setback area is prohibited, except by Special Permit from the Board of Appeals. The number of Garden Storage Sheds or Utility Sheds intruding into the setback area on a lot shall be limited to no more than one. The Building Height of Garden Storage Sheds shall not exceed 12 feet. One Garden Storage Shed or Utility Shed per lot shall be exempted from the coverage requirements in Appendix II – Schedule of Dimensional
Requirements.
Utility Sheds
Utility Sheds under 100 square feet in area shall be set back a minimum of 2/3 the distance of the Abutters Setback to the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Placement of Utility Sheds within the Road Setback area is prohibited, except by Special Permit from the Board of Appeals. The number of Utility Sheds or Garden Storage Sheds intruding into the setback area on a lot shall be limited to no more than one.
The Building Height of Utility Sheds shall not exceed 12 feet. All Utility Sheds located within the Abutters Setback shall provide interior measures for sound mitigation and/or shall be screened from the view of abutters with evergreen plantings and solid fencing to mitigate any potential visual and noise impacts at the discretion of the Building Commissioner. One Utility Shed or Garden Storage Shed per lot shall be exempted from the coverage requirements in Appendix II – Schedule of Dimensional Requirements.
3. Under 25 square feet in area
Single story structures under 25 square feet in area and six feet (6’) in height or less shall be set back a minimum of 1/3 the distance of the Abutters Setback from the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements.
Or take any other action in relation thereto.
This Article proposes to specifically enumerate certain allowable projections associated with Architectural Features into setback areas. Provisions have been added limiting the horizontal projection of certain features into 1/3 the distance of the required setbacks. Eaves, cornices, fences less than six feet and walls less than three feet in height would remain excluded from setback requirements unless otherwise regulated in the Bylaw.
Also, proposed in this Article is the codification of setbacks for sheds, graduated for each zoning district by requiring a setback of a minimum 1/3 the distance of the abutters’ setback from the property line for garden Sheds (tool storage) and a minimum 2/3 the distance of the abutters’ setback from the property line for Utility Sheds (noise emitting). Only one shed per property would be allowed to intrude into the setback areas and the location of sheds in the Road Setback would only be allowed by Special Permit.
Mr. Sussman moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 10 – GB3 Zoning Map Change
To see if the Town will vote to amend the map accompanying the Protective Bylaw entitled Town of Chatham – Zoning Map by extending the limits of the GB3 (General Business) Zoning District to include the entire parcel identified by Assessors Map 13E-37-C29, over the portion of which is currently located within the R40 (Residential 40,000), or take any other action in relation thereto.
Or take any other action in relation thereto.
Mr. Summers explained rezoning of a parcel of land (the rear lot of the Chatham Village Market site) would allow the property owners to file for an expanded project including the Chatham Village Market. The current zone was established 300 feet from Main Street without consideration to the lot line. Approval of this Article would not infer approval of any concept or plan or obviate the need for Special Permit and Site Plan Approval from the Zoning Board of Appeals and the Planning Board.
Mr. Whitcomb moved the Board of Selectmen vote to place this Article on the Special Town Meeting warrant. Mr. Summers seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Whitcomb moved the Board of Selectmen vote to sign the Special Town Meeting warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
The meeting adjourned at 7:00PM.
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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