Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS Sean Powers, Chairman Committee on Ordinance & Rules David Ringius, Jr, Vice- Chairman One JFK Memorial Drive Charles Kokoros, Member Braintree, Massachusetts 02184 Timothy Carey, Member Charles B. Ryan, Ex-officio October 3, 2019 MINUTES A meeting of the Committee on Ordinance & Rules was held in the Cahill Auditorium Thursday, October 3, 2019 beginning at 6:04pm. Chairman Powers was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. Present: Sean Powers, Chairman David Ringius, Jr, Vice- Chairman (not present) Charles Kokoros, Member Timothy Carey, Member Also Present: John Goldrosen, Assistant Town Solicitor Christine Stickney, Director Planning & Community Development Melissa Santucci-Rozzi, Director Planning & Community Development Jill Coyle, resident Other residents There was a moment of silence for all those serving in our armed services, past and present, and the meeting was opened with the pledge of allegiance to the flag. Approval of Minutes  July 22, 2019 Motion: by Councilor Kokoros to approve minutes of July 22, 2019 Second: by Councilor Carey Vote: For (3 – Carey, Kokoros, Powers,), Against (0), Absent (1 - Ringius), Abstain (0) New Business  19 011 Mayor: Comprehensive Zoning Ordinance or take up any action relative thereto MOTION by Councilor Kokoros to TAKE off the TABLE Order 19 011 Motion: by Councilor Kokoros to TAKE off the TABLE Order 19 011 Second: by Councilor Carey Vote: For (3 – Carey, Kokoros, Powers,), Against (0), Absent (1 - Ringius), Abstain (0) October 3, 2019 Committee on Ordinance & Rules 1 of 7 Councilor Powers, Chairman of the Committee on Ordinance & Rules stated they will begin at Section 4.8 Nonconforming Uses, Structures and Lots Councilor Powers read along with the “Readers Guide” (italics below). The Chairman will ask if there are any questions from members and residents as we go along and each Section is explained. § 4.8 Nonconforming Uses, Structures, and Lots • Substitution of one nonconforming use for another. Allowed by special permit only if the new use is “less detrimental” to the neighborhood than the existing use. Criteria have been added to help the ZBA determine this. • The benefit must apply to the impacted neighborhood – “less detrimental” does not apply to town wide benefits. • Use variances for nonconforming uses remain prohibited. • Criteria have been added for allowing a nonconforming building or structure to be altered, enlarged or reconstructed. • Reconstruction (including razing to a foundation and rebuilding) of a non-conforming single or two- unit dwelling must be reviewed by the ZBA through a special permit (as opposed to being approved by the Building Inspector). • Alteration, reconstruction, extension or structural changes to nonconforming single and two-family dwellings must conform with the new standards for FAR (see § 5.7 Table of Dimensional and Density Regulations). • Added a list of “de minimis” changes to nonconforming residential structures that only require permitting by the Building Inspector. October 3, 2019 Committee on Ordinance & Rules 2 of 7 John Goldrosen, Assistant Town Solicitor gave copies and proposed the following be used as Section 4.8: DRAFT PROPOSED ZONING ORDINANCE--- § 4.8 Nonconforming Uses, Structures, and Lots A. Special Permit Granting Authority. For the purposes of this section, the Braintree Zoning Board of Appeals (ZBA) shall be the Special Permit Granting Authority (SPGA) for authorizing alterations or changes to preexisting nonconforming uses, structures, and lots per M.G.L. c. 40A, § 6. B. General. The following general standards apply to nonconforming situations: (1) Nonconforming structures and nonconforming uses may continue pursuant to the limitations established in M.G.L. c. 40A, § 6. (2) A structure or use authorized by a building or special permit that is issued before the first publication of notice ofthe public hearing on an amendment to this Zoning Ordinance shall be deemed to be a lawfully nonconforming structure or use, provided that the use or the construction of the structure is commenced within twelve months after the issuance of the building or special permit, and that any such construction is continued to completion as continuously and expeditiously as is reasonable. (3) No nonconforming use if changed to a conforming use shall be allowed to revert back to a nonconforming use. (4) No changes to existing conforming lots can occur that do not meet the standards for lot dimensions in Table 2 of§ 5.8, Table of Dimensional and Density Regulations, unless granted Variance(s) pursuant to Section 3.7. (5) Alterations to a lawfully established lot that does not meet the dimensional requirements in Table 2 of§ 5.8, Table of Dimensional and Density Regulations may be allowed by Special Permit, provided that the alteration does not increase the extent of an existing nonconformity nor create a new nonconformity, and that the ZBA finds that the altered lot is not substantially more detrimental to the neighborhood than the existing lot. October 3, 2019 Committee on Ordinance & Rules 3 of 7 C. Nonconforming: Uses. The ZBA may, by the granting of a Special Permit, authorize the following: (1) A nonconforming use to be changed to or replaced by a use that is listed in the Use Table as allowed in one or more districts but is not allowed in the Zoning District in which the nonconforming use is located, provided that the ZBA finds that the new use will be less detrimental to the neighborhood than the existing nonconforming use. (2) A substantial extension of a nonconforming use, provided that the ZBA finds that the substantial extension will not be substantially more detrimental to the neighborhood than the existing nonconforming use. (3) For the purposes of determining the effect on the neighborhood of a changed or replaced nonconforming use or the substantial extension of a nonconforming use, the ZBA shall consider, among other factors, whether: (a) The use is expected to generate the same or fewer vehicle or truck trip generation on and off the site; (b) The use is expected to require the same or fewer parking spaces; (c) The use is expected to reduce impacts from lighting/glare, fumes, or odors; (d) The use will represent an improvement related to environmental impacts such as stormwater treatment; outdoor storage, handling, and/or disposal of hazardous waste; management of trash or other waste; (e) The use will result in an improvement in aesthetics, operation and overall use of the site. D. Alteration. Reconstruction or Structural Chan2.es to Nonconforming Structures other than Single- Family and Two-Family Dwellings. The ZBA, by the granting of a Special Permit, may authorize a preexisting nonconforming building or structure (other than Single-Family and Two- Family Dwellings), including those built on nonconforming lots, to be altered, reconstructed or structurally changed provided that such alteration, reconstruction or structural change: (1) Will not create any new dimensional nonconformities; (2) Does not increase the extent of any existing nonconformity; and (3) Shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure. For the purposes of this determination, the ZBA shall consider whether the alteration, enlargement or reconstruction meet the following criteria: October 3, 2019 Committee on Ordinance & Rules 4 of 7  (a) No unmitigated increase in vehicle or truck trip generation on and off the site; (b) No increase in the minimum parking requirement associated with the structure that cannot be accommodated on the site; (c) No increased impacts related to lighting/glare, fumes or odors; (d) No alteration of impervious area that increases the rate of stormwater discharge off the site for the 2-year or greater storm frequency; (e) No negative impact to vehicular or pedestrian access, egress or circulation on and off the site. E. Alteration. Reconstruction or Structural Chan!!.es to Nonconforming Single-Family and Two- Family Dwellings. (1) In the case of a Single or Two-Family Dwelling which is nonconforming solely because of insufficient lot frontage and/or lot area, any proposed alteration or structural change (Excluding Reconstruction) may be permitted by the Building Inspector so long as all other dimensional requirements for lots and the proposed alteration or structural change meet the current standards in Table 2 of§ 5.8, Table of Dimensional and Density Regulations. (2) In the case of a dimensionally nonconforming Single or Two-Family Dwelling on a conforming lot, where said building or a portion thereof is nonconforming as to one or more of the dimensional requirements for front, side, or rear yard setbacks or maximum height, any proposed alteration or structural change (excluding Reconstruction) may be permitted by the Building Inspector so long as such alteration or structural change to the existing structure will be in conformity with Table 2 of§ 5.8, Table of Dimensional and Density Regulations. (3) In all other instances of alteration, reconstruction or structural change to a nonconforming Single or Two-Family Dwelling, including instances that involve demolition of a nonconforming single- or two-family dwelling, the applicant may petition the ZBA for a Special Permit under M.G.L. c. 40A, §6 to allow such alteration, reconstruction or structural change, provided that the ZBA finds that the new or modified dwelling is not substantially more detrimental to the neighborhood than the existing dwelling. In the case of demolition of the entire structure and subsequent reconstruction, the applicant shall file for the Special Permit prior to the demolition (except as provided in Section F-2). (4) The creation of new nonconformities, such as relief from dimensional requirements with which the existing nonconforming structure complies, shall require a variance from the ZBA. October 3, 2019 Committee on Ordinance & Rules 5 of 7  F. Abandonment. Discontinuance and Restoration of Nonconforming Structures and Uses. (1) Any nonconforming use which has been abandoned or discontinued for more than two (2) years shall not be re-established and any future use shall conform to the regulations of this chapter. (2) A nonconforming Single or Two-Family Dwelling which has been destroyed by fire or other casualty, or which has been ordered demolished by the Town pursuant to statutory authority, may be reconstructed in accordance with the provisions of Section E, if the reconstruction is substantially completed within two (2) years of the date of destruction or demolition. (3) If a nonconforming structure, other than a Single- or Two-Family Dwelling, is destroyed by fire or other casualty, or is ordered demolished by the Town pursuant to statutory authority, any subsequent reconstruction of the structure shall conform to the structural dimensional requirements in Table 2 of§ 5.8, Table of Dimensional and Density Regulations. --- END - DRAFT PROPOSED ZONING ORDINANCE--- Discussion took place with Councilors, Planning Department, Town Solicitor, residents. It was discussed to have the next meeting (October 30, 2019) begin at Section 6.2 MOTION by Councilor Ringius to TABLE Order 19 011 to October 30, 2019 at 6:00pm Motion: by Councilor Kokoros to TABLE Order 19 011 to October 30, 2019 at 6:00pm Second: by Councilor Carey Vote: For (3 – Carey, Kokoros, Powers,), Against (0), Absent (1 - Ringius), Abstain (0) Old Business  None It was unanimously voted to adjourn the meeting at 7:29 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council October 3, 2019 Committee on Ordinance & Rules 6 of 7  Documents provided for Meeting  19 011 Mayor: Comprehensive Zoning Ordinance or take up any action relative thereto  John Goldrosen Text Recommendation dated 8/29/19 for§ 4.8 Nonconforming Uses, Structures, and Lots  Minutes July 22, 2019 October 3, 2019 Committee on Ordinance & Rules 7 of 7