Board discusses commercial zones
Published on September 30th, 1998
STONEHAM, MA - Warrant articles concerning the relabeling of Stoneham's commercial district will be addressed at the October 26 Town Meeting, following the Planning Board's Wednesday night approval to sponsor the articles.
The articles propose setting forth in the bylaw determination of allowed uses by a change in language only.
According to Community Development Director Steve Sadwick, the articles request no substantive changes to the Commercial District. Rather, the proposal attempts to ward off potential legal challenges to the bylaw by putting a new label on what is already allowed in the Commercial District.
The bylaw currently recognizes a single Commercial District with specific allowed uses described geographically. Article 23 looks to remove such descriptions and label specific areas of the district as Commercial District I, Commercial District II and Commercial District III. The current allowed uses will remain but will be described in terms of Commercial District I, II, or III.
Under the new labeling, Commercial District I will allow the same uses as currently stipulated in the Commercial District with the exception of special permit uses for wireless communications and adult entertainment.
Commercial District II will allow all the same uses as in Commercial District I with the addition of uses permitted on a special permit granted by the Planning Board for wireless communication. Commercial II is described as the existing land and parcels in the Commercial District west of Interstate 93 and bounded by the Winchester town line.
Commercial District III will allow all the same uses as in Commercial District II with the addition of uses permitted on a special permit granted by the Planning Board and site plan approval by the Board of Selectmen for adult entertainment. Commercial District III is described as the existing land and parcels in the Commercial District west of Interstate 93 and bounded by the Woburn city line.
Commercial District I is described as the remaining Commercial District to the east of Interstate 93.
Town Counsel William Solomon advised board members that the town currently runs the risk of violating the state's zoning act which mandates that any zoning bylaw that divides a town into districts must be uniform within the district.
Overlaying Commercial Districts II and III is, he stated, the best way to deal with this uniformity issue and will prevent potential legal challenges regarding such.
"On these issues, town officials look to protect the citizens," stated Solomon.
While Article 23 looks to create the commercial overlay districts, Article 24's intent is to actually place the uses into the three districts as described above.
The other articles addressed on Wednesday concerned the wireless communication facility districts.
The Planning Board also voted to sponsor articles 21 and 22, as listed on the Town Meeting warrant, which seek to add a Wireless Service Overlay District to the bylaw.
Again, Sadwick emphasized that no substantive changes were being proposed and that the boundaries of the overlay district are no different from what exists in the current bylaw for wireless communication facilities placement.
The overlay district will serve to separate the existing Wireless Services Facilities District by placing the areas described geographically into proposed Commercial District II and III.
According to Sadwick, all these changes are designed to minimize potential legal risks with the current zoning bylaw by moving and reorganizing existing provisions.
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