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The original item was published from 12/19/2022 4:42:43 PM to 1/10/2023 12:00:01 AM.

News Flash

Planning Board

Posted on: December 19, 2022

[ARCHIVED] Zoning Amendments Proposed for ATM 2023

2x9 Town of Medfield - ATM-2023 12-22-22

LEGAL NOTICE

Download PDF of Legal Notice HERE

 

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 7:35 p.m. on Monday, January 9, 2022, via ZOOM, for the purpose of accepting public comments on the following proposed amendments to the Town of Medfield Zoning Bylaws:

 

Item 1: Article ##: To see if the Town will vote to amend the Town of Medfield Zoning Bylaw by: (1) Reorganization of the Zoning Bylaw (per “crosswalk” chart below); (2) making certain minor substantive changes to help effectuate the goals of the Bylaw Reorganization; (3) making nonsubstantive, ministerial amendments to the Zoning Bylaw providing for consistency with the General Laws and internally with regard to spelling, capitalization, citation of numbers and General Laws references; and further, to vote to amend the Town of Medfield Zoning Bylaw current Article 19: Solar Photovoltaic Facilities Overlay District (PVOD), 300-19.4 Solar Photovoltaic Overlay District and Table 19.5 and proposed Section 10.4.3 and Table 10.4.5 by adding the Medfield State Hospital Zoning District to the list of allowable zoning districts for certain ground-mounted, canopy, and rooftop solar energy systems.

 

List of specific changes: 

  • Reorganization per crosswalk (below)
  • Section references and cross-references were updated
  • Blue italics in text indicate former bylaw citation as a marker for the reader during this amendment process but will be deleted from the new version
  • Definitions Section: italics to be incorporated into definition for context as needed
  • Duplicate definitions for “Applicants” and “Application” and “As of Right” and “By-Right” were relocated from different individual sections so they were merged/massaged to have just one definition
  • Changed “Penn Central RR” to “MA Department of Transportation” in 8.5.2.A
  • Changed title from “Floodplain Definition” to “Floodplain Boundary” in 10.1.2
  • New substantive change: Added MSHD to Section 10.4.3 and Table 10.4.5 for various solar energy systems

 

all as set forth in a document entitled “Medfield Zoning Bylaw Reorganization V3-11/21/22” on file in the offices of the Town Clerk and Town Planner, and also  available on the Town’s website at http://www.town.medfield.net, and to authorize the Town Clerk to renumber or take any other action necessary to format this new bylaw to fit within the reorganization of the Town's existing bylaws if approved by this Town meeting, or do or act anything in relation thereto.

 

Proposed Zoning Bylaw

Existing Zoning Bylaw

Draft V3 11/21/22

https://ecode360.com/27374011 

New Section

New Title

Existing Section

Existing Title

Art. 1

PURPOSE AND AUTHORITY

1

SCOPE

 

 

1-1

Title

1.1

Purpose

1-2

Authority

1.2

Authority

1-3

Purpose

1.3

Applicability

4.1
 4.2

Interpretation and Application Applicability

1.4

Amendments

15.1

Amendment

1.5

Severability

15.2

Validity

 

 

15.3

Effective date [not needed]

New Section

New Title

Existing Section

Existing Title

2

DEFINITIONS

2

DEFINITIONS

New Section

New Title

Existing Section

Existing Title

3

DISTRICTS

3

ESTABLISHMENT OF DISTRICTS

3.1

Establishment of Districts

3-1

Division into districts

3.2

Zoning Map

3-2

Zoning Map

3.3

Interpretation of Zoning Map

3-3

Boundaries of districts

New Section

New Title

Existing Section

Existing Title

4

USE REGULATIONS

5

USE REGULATIONS

4.1

General Provisions

5.1

Applicability

4.2

Table of Uses

5.2
 5.4

Permitted uses
 Table of Use Regulations

4.3

Supplemental Use Regulations

5.3

Uses subject to other regulations

4.4

Accessory Uses

5.5

Agricultural District

New Section

New Title

Existing Section

Existing Title

5

DIMENSIONAL REGULATIONS

6

AREA, HEIGHT, AND BULK REGULATIONS

5.1

General Provisions

6.1

Applicability

5.2

Table of Dimensional Regulations

6.2

Table of Area Regulations
 Table of Height and Bulk Regulations

5.3

Supplemental Dimensional Regulations

6.2
 6.3

Area regulations
 Height and bulk regulations

New Section

New Title

Existing Section

Existing Title

6

NONCONFORMING USES, STRUCTURES, AND LOTS

9

Nonconforming Uses, Structures and Lots

6.1

General Provisions

9.1

Application of nonconformity

6.2

Nonconforming Uses

9.2
 9.4

Extension or alteration Change

6.3

Nonconforming Structures

9.7
 9.8

Moving
 Unsafe structures

6.4

Nonconforming Lots

9.3

Reduction or increase

6.5

Restoration; Abandonment or Non-Use

9.5
 9.6

Restoration Abandonment

New Section

New Title

Existing Section

Existing Title

7

GENERAL REGULATIONS

 

 

7.1

Off-Street Parking

Art. 8

Off-Street Parking and Loading Regulations

7.2

Signs

Art. 13

Sign Bylaw

New Section

New Title

Existing Section

Existing Title

8

SPECIAL REGULATIONS

 

 

8.1

Open Space Residential Zoning

7

Open Space Residential Zoning

 

 

 

 

8.2

Inclusionary Zoning

14.6

Inclusionary Zoning Bylaw

8.2

Historic Properties

5.6

Historic Properties

8.3

Earth Removal

12

Rules and Regulations Governing Earth Removal Uses

8.4

Personal Wireless Communications Facilities

17

Personal Wireless Communications Facilities

8.5

Adult Uses

18

Adult Uses

New Section

New Title

Existing Section

Existing Title

9

SPECIAL DISTRICT REGUATIONS

 

 

9.1

Agricultural District

5.6

Agricultural District

9.2

Medfield State Hospital District

20

Medfield State Hospital District

New Section

New Title

Existing Section

Existing Title

10

OVERLAY DISTRICTS

 

 

10.1

Floodplain District

10

Floodplain District

10.2

Watershed Protection District

11

Watershed Protection District

10.3

Aquifer Protection District

16

Aquifer Protection District

10.4

Large-Scale Solar Photovoltaic Facilities Overlay District

19

Large-Scale Solar Photovoltaic Facilities Overlay District

New Section

New Title

Existing Section

Existing Title

11

ADMINISTRATION AND ENFORCEMENT

14

ADMINISTRATION AND ENFORCEMENT

11.1

Enforcement

14.1
 14.7
 14.8

Building     Inspector  and/or  Zoning     Enforcement Officer
 Violations and penalties Prosecution of violations

11.2

Compliance

14.2
 14.4
 14.4
 14.5

Permits required
 Previously approved permits Certificate of use and occupancy Permit and certificate fees

11.3

Board of Appeals

14.9

Board of Appeals

 

 

14.10

Special permits by Board of Appeals

 

 

14.11

Variances

11.4

Planning Board

1.4

Planning Board

 

 

14.13

Appeal periods

11.5

Special Permits

14.10
 14.15
 14.14
 14.6

Special permits by Board of Appeals Special permits by Planning Board Duty to supply plans and specifications Special permit time limits

11.6

Site Plan Approval

14.12

Site plan approval by Planning Board

11.7

Appeals

14.13

Appeal periods

 

 

Summary: This article seeks voter approval of first step in a phased approach to modernizing the Town’s Zoning Bylaws, the need for which was identified during the 2019-2021 master planning process and the Planning Board’s recent “Zoning Diagnostic” study. A Zoning Bylaw is used by a wide range of people, including but not limited to town officials, board and committee members, homeowner applicants, and developers (and their representatives). The ability for people to find the zoning bylaw is essential. The ability to understand and utilize a zoning bylaw is more nuanced. However, this can be made easier when it is organized in a logical order and format. It is also important to note that people (town officials, board members, and applicants) must read, interpret, and “apply” the Zoning Bylaw based on past practice, state law, and based on specific proposals. The need to update and advance the Zoning Bylaw overtime can be challenging, but is critical to support neighborhoods, provide economic growth, and to make the town more business friendly.

While a Zoning Bylaw is not typically read like a novel, the readability of a zoning bylaw is important to ensure that potential applicants, board and committee members, and town officials can be sure that all the regulations are applied consistently and accurately. A Zoning Bylaw should anticipate and clearly articulate requirements for a wide range of normal uses and those that require more scrutiny. A well-crafted Zoning Bylaw can reduce the need to “interpret” regulations, which can often lead to confusion, when it includes accurate definitions, clear requirements, and is applied consistently. Finally, a Zoning Bylaw should evolve and change to meet and support broader goals of the community overtime. Two-thirds vote required

 

*This meeting will be held remotely on ZOOM. Instructions to view or listen to the meeting are included on the meeting agenda on the Town’s website. All town boards and other interested parties wishing to be heard should appear at the time and place designated. There will be an explicit time during the hearing for public comments. Interested parties are urged to reach out to Town Planner Sarah Raposa at sraposa@medfield.net (508) 906-3027 with any questions, comments, or concerns about access to the materials, attending the virtual meeting, or other related matters. The full proposals may be viewed on the Planning Board’s webpage on the Town’s website at www.town.medfield.net

 

PAUL MCKECHNIE, CHAIR

                                                                        MEDFIELD PLANNING BOARD

Hometown Weekly: 

  • December 22, 2022
  • December 29, 2022

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