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Planning Board may request bylaw changes

By Nancy Donahue

Published on August 12th, 1998

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STONEHAM, MA - Community Development Director Steve Sadwick presented the Planning Board, on Wednesday night, with a 2-page compilation of bylaws which he has identified as needing redefinition or clarification.

Pursuant to the board's request last month, Sadwick reviewed six month's worth of zoning bylaw problems. Input from Interim Building Inspector Gene Argiro, also on Wednesday night, proved valuable as both Sadwick and the board relied on his interpretation of the bylaws and examples of common problems found regarding bylaw interpretation throughout the town.

The review of this list was done in order to identify those areas that have posed problems and were, therefore, identified as requiring amendment. The Planning Board designated itself last month as the "logical body" to address any bylaw changes.

Sadwick presented information on short-term issues that will be focused on for presentation at the upcoming October Special Town Meeting. In his review, Sadwick researched the bylaws of 13 different communities to get an idea of what they regulate and the wording of such.

Areas for review which Sadwick presented to the board included sheds, unregistered vehicles, commercial vehicles in residential zones, family day care homes, and junkyards. In addition, Sadwick stated that development of a new zoning map, through use of the town's new GIS system, should be considered.

With regard to sheds, Sadwick proposed that the bylaws address such structures as accessory buildings.

The issue of unregistered motor vehicles was also deemed in need of amendment. Currently, Stoneham's bylaw restricts residences to housing one unregistered vehicle. The problem with the bylaw, according to Argiro, is that no time limit is specified. The result of this, he said, is unsightly vehicles permanently parked in residential neighborhoods.

A related issue the board questioned was the allowance of commercial vehicles in residential zones. Definition of these vehicles needs clarification, according to Sadwick, with designation possibilities including vehicle weight, class and registration.

The purpose of addressing both these areas, according to Argiro, is to establish better control of such vehicles in Residential A neighborhoods.

Planning Board member Kevin Dolan agreed with Argiro's statement regarding the need for better control.

"It's a good idea for the quality of life...We don't want big commercial vehicles in everyone's driveway," Dolan stated.

Family day care homes will be a hot issue, according to Sadwick, and one with potential to affect neighborhoods. Currently, the town's bylaw does not address these. State law regards family day care homes as an allowable use unless regulated or restricted by localities.

The issue of junkyards was also addressed since the bylaw is "silent" regarding them now, Argiro said. He explained that if something is not outlined as a permitted use in the bylaw, then it is considered prohibited. He suggested, however, that such prohibition should be clearly stated in the bylaws.

Junkyards were defined by Argiro as "the use of any lot for storage of junk, rags, scrap metal, abandoned construction equipment..." Board member August Niewenhous stated that to prohibit them in all districts "makes sense." (The junkyards as referenced do not refer to junkyard businesses which do not exist in the town at present).

Planning Board Chairman Stephen Catalano said the purpose behind this bylaw and others is "to have some people clean up their lots."

Sadwick hopes to complete his research on these issues and report back to the Planning Board, at their next scheduled meeting, with a draft of a warrant article drawn up for the board's review.

The next step would be for the Planning Board to hold a public hearing on the warrant article, for the town's input, prior to October Town Meeting.

A separate issue that will be looked at for October, is developing a new zoning map, using the new GIS system. Sadwick proposed this change for reasons of improved accuracy.

"We should take advantage of our technology...We're moving into a more accurate depiction of the zoning map with the GIS system," Sadwick stated.

Sadwick will also review with the Planning Board, next week, a letter form Town Counsel William Solomon regarding some possible redesign of the commercial district to the west of Interstate 93.

Longer-term zoning bylaw issues that will be focused on for spring Town Meeting will likely include clarification of assisted living facilities vs. long-term care facilities, in-law apartments, lot coverage for new construction and one-lot subdivisions.

In distinguishing the short-term from the long-term issues in need of address, Niewenhous stated that those with immediate relevance, which can be addressed in the time frame available for October, should be the focus of their immediate attention.

"Let's get to the stuff that is more timely for October Town Meeting...Let's do a very good job on quick fixes," he said.

The Planning Board's next scheduled meeting is on August 19.

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