Finance Committee Agenda
(with Notes & History)
Town of Bellingham – Municipal Center
Monday, August 29, 2011
1. FinCom Present:
2. FinCom Absent:
3. Meeting called to order: 7:15 p.m.
4. ARTICLE 7 - PACKAGE STORE BEER AND WINE LICENSE
(Petition: Ayman Nakda)
To see if the Town will vote to direct the Board of Selectmen to petition the Legislature to enact legislation granting the Board of Selectmen the authority to issue an additional Package Store Beer and Wine License for Ayman Nakda, 829 South Main Street, Bellingham, MA Penguin Convenience Store.
Notwithstanding any General or special law or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be re-issued by the local alcohol licensing authority at the same location if any applicant for said license files with said authority a letter in writing from the Department of Revenue indication that said license is in good standing with said Department and that any and all applicable taxes have been paid.
If the license granted under this section is canceled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority. Notwithstanding Section 17 of the Chapter 138 of the General Laws, or any other General or Special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same condition specified in the preceding paragraph; or act or do anything in relation thereto.
(See Last page for M.G.L. c.138, §17.)
5. ARTICLE 11 - AMEND ZONING BY-LAW SECTION 3300; PARKING (Petition: Lee G. Ambler, Esq.) - Planning Board Hearing 8/25/2011
From September 14, 2004 Minutes: Article 7 – Section 1400 – Site Plan Review: If there were a change in use of a property, this would give the Planning Board the right to review the parking layout. We currently do not review any places where there are ten spaces of less. If the renovation is over $10,000 or if the lot has over ten parking spaces, the renovation has to go through the full process. This requirement can be waived by the Planning Board if applicable.
Roland Lavallee/Toni Picariello – Motion to recommend Article 7 – Site Plan review
Vote 6/0 - Motion passed
From April 4, 2011 Minutes: ARTICLE 16 - AMEND ZONING BY-LAW, §3300 (Lee G. Ambler, Esq., 508-966-1951; Lee Ambler appeared for the Petitioner. Below is the proposed By-Law and existing By-Law.
ARTICLE 16. AMEND ZONING BY-LAW SECTION 3300
To see if the Town will vote to Amend the Bellingham Zoning By-Laws Section 3300 Parking and Loading Requirements in the following manner:
Section 3320 (d) a portion of which reads “plus one space per 100 square feet of function space not designed for eating,” be deleted.
Section 3320 (g) which reads “Retail Businesses, Printing Shop/Copy Center, Other Service Establishments:
One parking space per 150 square feet of gross floor area, but not fewer than three spaces per separate enterprise.”
Be amended to read:
Section 3320 (g) Retail Businesses, Printing Shop/Copy Center, Other Service Establishments:
One parking space per 150 square feet of area used by patrons plus one space for each employee on the largest shift.
Existing By-Law, §3300
3320. Schedule of Requirements
(d) Restaurant:
One parking space per 2 seats based on the legal seating capacity of the facility (including seasonal outdoor seating), plus one space for each employee on the largest shift, plus one space per 100 square feet of function space not designed for eating, plus one space for each 6 square feet of waiting area. Waiting area is defined as the area likely to be used by patrons waiting to be seated or served, particularly during peak times. Waiting areas do not have to have seats to be considered waiting area space. For those uses with high demand periods, outside waiting areas may also be included. Waiting areas shall be labeled on floor plans to be submitted to the Planning Board. The Planning Board shall review the proposed waiting area designation to determine if they believe it is adequate based on the
proposed restaurant.
(g) Retail Businesses, Printing Shop/Copy Center, Other Service Establishments:
One parking space per 150 square feet of gross floor area, but not fewer than three spaces per separate enterprise.
The Planning Board would not recommend this Article. Attorney Ambler explained that the Bylaw is too restrictive. He is proposing to amend the Bylaw to be more in line with what Milford has, 1 parking space for every 3 seats; 1 parking space for every 100 feet; 0 parking spaces for waiting area. There are less than 5 commercial restaurants in Town that meet those requirements and the existing Bylaw requires a great deal of parking. The kitchen and tables are counted in the gross floor area. Attorney Ambler wants to delete the "plus…eating". What is meant by "legal capacity"; the Fire Chief establishes the seating capacity. There are inconsistencies within the Bylaws.
Peter Pappas will bring up the issues discussed here to the Planning board.
Roland Lavallee is concerned that parking is not revisited when a new restaurant is opened.
Joseph Collamati/Carol Dill motion to take this under advisement and vote on April 19, 2011. VOTE 7/0.
4/15/2011, Email from Lee Ambler: After the Planning Board Hearing I was advised that they have received a Grant to revise the Parking Regulations, so I will be Passing Over my article. Hopefully the entire regulation will be corrected instead of doing it piecemeal.
4/18/2011, Email from Lee Ambler: Just to let you know in advance, I had the meeting with the Planning Board on this article, and they did not like the idea of a piece meal approach to the by law, and then indicated that they have a Grant to review the Parking Bylaw, as a result I told them that I would pass over my article in favor of their coming up with the revised bylaw, but would re-insert it if they did nothing for the October meeting.
6. ARTICLE 5 - NON-CAPITAL OUTLAY EXPENDITURES (UNDER $50,000)
High School Track Repairs (Town Administrator) - $15,000.
Email from Denis Fraine, August 22, 2011: Toni, this one is on me, as you know I did the work on the first track repair 10 or 12 years ago and it needs some work to keep it from falling apart. I have met with Leo Dalpe several times and I will be presenting this with Leo, the track is really a community resource in that residents are walking on it all of the time as it is always open to the public.
7. Article 12 - Bulk Storage (Zoning Agent/Inspectional Services) - Planning Board Hearing 8/25/2011
To see if the Town will vote to amend Section 2400 – “Use Regulations Schedule” of the Zoning Bylaws by: (1) replacing the “Yes” to a “PB” for Bulk Storage in Industrial Zones, thereby requiring a Special Permit from the Planning for all Bulk Storage within the Industrial Zone; and (2) to provide a footnote to the word “Yes” for Contractor’s Yards in the Industrial Zone that reads “But see Special Permit requirements for Bulk Storage,” or take any other action in relation thereto.
Existing Zoning By-Law:
2400. Use Regulations Schedule
D I S T R I C T ACTIVITY OR USE A S,R M B-1 I
B-2
INDUSTRIAL USES
Major Business Complex 3 NO NO NO PB 4 PB
Manufacturing for on-site sales 6 NO NO NO YES YES
Other manufacturing, research NO NO NO NO YES
Bulk storage NO NO NO NO YES
Contractor's yard NO NO NO NO YES
Earth removal 7 BA BA BA BA BA
Waste processing or disposal:
Junk yard, second-hand auto parts NO NO NO NO BS
Hazardous or radioactive NO NO NO NO NO
Other municipal NO NO NO NO BS
Other private NO NO NO NO NO
Transportation terminal NO NO NO NO YES
Warehouse NO NO NO NO YES
Commercial radio transmission NO NO NO YES YES
Laundry or dry cleaning plant NO NO NO YES YES
Electrical generating Facility (Power Plant) NO NO NO NO Not to exceed 3
8. ARTICLE 13 - ABANDONMENT (Zoning Agent/Inspectional Services) - Planning Board Hearing 8/25/2011
To see if the Town will vote to amend Section 2330 – “Abandonment” of the Zoning Bylaws by replacing the entire Section with the following:
2330. Abandonment. A nonconforming use or structure which has been abandoned, or discontinued for a period of two years, shall not be reestablished, provided however that, by Special Permit granted by the Planning Board, the use of an abandoned nonconforming residential structure, or any portion thereof, may be reestablished. In all other respects, any future use of the subject premises shall conform with this Bylaw.
Existing Zoning Bylaw:
2330. Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished. Any future use of the premises shall conform with this Bylaw.
9. ARTICLE 14 - CHANGE, EXTENSION OR ALTERATION OF NON-CONFORMING STRUCTURES (Zoning Agent/Inspectional Services) - Planning Board Hearing 8/25/2011
To see if the Town will vote to amend Section 2310 – “Change, Extension or Alteration” by replacing the entire Section with the following:
2310. Change, Extension or Alteration. As provided in Section 6, Ch.40A, G.L., a nonconforming single or two-family dwelling may be altered or extended provided that doing so does not increase the nonconforming nature of said structure. Changes, extensions, alterations or reconstruction of nonconforming single family houses shall not be deemed to increase the nonconforming nature of the structure and may be completed as a matter of right if any and all such changes, extensions, alterations or reconstruction comply with setbacks and height restrictions. Other preexisting nonconforming structures or uses may be changed, extended or altered on Special Permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration, or change will not be substantially more
detrimental to the neighborhood than the existing nonconforming structure or use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
Existing Zoning Bylaw:
2310. Change, Extension or Alteration. As provided in Section 6, Ch.40A, G.L., a nonconforming single or two-family dwelling may be altered or extended provided that doing so does not increase the nonconforming nature of said structure. Other preexisting nonconforming structures or uses may be extended, altered, or changed in use on Special Permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(See Last Pages for M.G.L. c.40A, §6)
10. GENERAL DISCUSSION
A. Correspondence/Emails/Memo's etc.
Adjourned:
CHAPTER 138 ALCOHOLIC LIQUORS
Section 17 Number of licenses quotas; licenses for wines and malt beverages per population unit; additional licenses; estimates of increased population; decrease in quota due to loss in population; determination of population of city or town
.
Section 17. Except as otherwise provided in this chapter, the number of licenses issued in any city or town under sections twelve and fifteen and in force and effect at any one time during any license year shall be limited as hereinafter provided:
The local licensing authorities of any city or town, except the city of Boston, may grant one license under the provisions of section twelve for each population unit of one thousand or additional fraction thereof, and, in addition, one such license for each population unit of ten thousand or fraction thereof, over the first twenty-five thousand, but may, regardless of population, grant at least fourteen licenses under said section twelve; and the local licensing authorities may also grant one license under the provisions of section fifteen for each population unit of five thousand or additional fraction thereof, but may, regardless of population, grant at least two licenses under said section fifteen.
In addition to the number of licenses otherwise authorized to be granted by the provisions of this section, the local licensing authorities of any city or town, except the city of Boston, which has voted to grant licenses for the sale of all alcoholic beverages as provided in the first question appearing in section eleven, may grant not more than one license for the sale of wines or malt beverages only, or both under section twelve, for each population unit of five thousand or fraction thereof; provided, that in any such city or town, said authorities may grant at least five additional licenses for the sale of such beverages, irrespective of its population; and the local licensing authorities may also grant not more than one license for the sale of wines or malt beverages only or both under the provisions of
section fifteen for each population unit of five thousand or fraction thereof; provided, that in any such city or town said authorities may grant at least five additional licenses for the sale of such beverages, irrespective of its population; and provided, further, that the establishment of this limitation shall not be construed to prevent the renewal of any license granted prior to June fifteenth, nineteen hundred and thirty-seven.
The local licensing authorities of any city or town, except the city of Boston, which has voted to grant licenses for the sale of wines and malt beverages, as provided in the second question appearing in section eleven, and which has also voted to grant licenses for the sale of all alcoholic beverages in packages, as provided in the third question appearing in the said section, may grant additional licenses under section fifteen for the sale of wines or malt beverages only, or both, equal to the number of licenses under the said section otherwise authorized to be granted in any such city or town by the provisions of this section.
The local licensing authorities of any city or town, except the city of Boston, may make an estimate prior to March the first in any year of any temporary increased resident population in such city or town as of July the tenth following, and one additional license under section fifteen, to be effective from April 1 to November 30 or from April 1 to the following January 15 at the discretion of the local licensing authority, may be granted by said authorities for each unit of five thousand or additional fraction thereof of such population as so estimated, and the local licensing authorities of any city or town in Berkshire county, in which the city council, in accordance with the provisions of its charter, or the town, at an annual or special town meeting, votes to authorize such authority to grant winter seasonal
licenses, or of any town in Franklin county, may make an estimate not later than October the fifteenth in any year of any temporary increased resident population in such city or town as of February the tenth following, and one additional license under section fifteen, to be effective from December the first to April the first of the year following, may be granted by said authorities for each unit of five thousand or additional fraction thereof of such population as so estimated; provided, that not more than one additional license shall be granted under this paragraph to the same person or for the same premises in any one year; and provided, further, that the local licensing authorities of any city or town, except the city of Boston, may grant, in addition to and irrespective of any limitation of the number of licenses contained in this section, seasonal licenses under section twelve, to be effective from April first to January fifteenth of the following year, or any portion
thereof, and in any city or town in Berkshire county in which the granting of winter seasonal licenses is authorized as above provided, and in any town in Franklin county seasonal licenses under section twelve, to be effective from December the first to April the first, to the amount or number that such authorities deem to be in the public interest. Every estimate hereunder of temporary resident population shall be made and voted upon by the local licensing authorities at a meeting of said authorities called for the purpose after due notice to each of the members thereof of the time, place and purpose of said meeting and after investigation and ascertainment by them of all the facts and after co-operative discussion and deliberation. A copy of such an estimate, signed by a majority of the members of said authorities, stating under the penalties of perjury that all the foregoing requirements have been complied with and that the estimate is true to the best of their knowledge and
belief, shall be forwarded forthwith to the commission. Upon the petition of twenty-five persons who are taxpayers of the city or town in which a seasonal license has been so granted, or who are registered voters in the voting precinct or district wherein the licensed premises are situated, filed within five days after the granting of such license, the commission shall, and upon its own initiative at any time may, after a hearing, examine and review any estimate made or action taken by the local licensing authorities in granting the same, and after such examination or review, may rescind, revoke, cancel, modify or suspend any such estimate or action. Nothing in this paragraph shall be deemed to authorize or permit the commission to deny a renewal of, or to rescind, revoke or cancel, because of a decrease in population, any seasonal license outstanding and in full force on April thirtieth, nineteen hundred and fifty.
The licensing board for the city of Boston may grant six hundred and ninety-two licenses for the sale of all alcoholic beverages under section twelve; provided, that no further original licenses under said section shall be granted until the number of licenses outstanding thereunder shall have been reduced to less than six hundred and fifty by cancellation or revocation or the failure of holders of such licenses to apply for renewals and thereafter licenses thereunder may be granted only up to a total not exceeding six hundred and fifty. Said board may grant two hundred and fifty licenses for the sale of all alcoholic beverages under section fifteen. The number of licenses for the sale of wines and malt beverages only, or both, in the said city shall not exceed three hundred and twenty. The transfer of existing
licenses shall be subject to a public hearing in the neighborhood in which the license is to be relocated, properly advertised and at an appropriate time to afford that neighborhood an opportunity to be present.
The licensing board for the city of Boston may grant up to 25 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to 30 additional licenses for the sale of wines and malt beverages to drunk on the premises. Notwithstanding the first sentence, 5 of the additional all alcoholic beverages licenses shall be granted only to innholders duly licensed under chapter 140 to conduct a hotel and 10 of the additional all alcoholic beverages licenses shall be granted, to existing holders of licenses for the sale of wines and malt beverages under section 12 provided that those licensees return to the licensing board, the licenses that they currently hold. The remaining licenses for the sale of all alcoholic beverages to be drunk on the premises and the 30 additional licenses for the sale
of wines and malt beverages to be drunk on the premises shall be granted in the areas designated by the Boston Redevelopment Authority as main street districts, urban renewal areas, empowerment zones or municipal harbor plan areas. Once issued to a licensee in a Boston Redevelopment Authority designated area, the licensing board shall not approve the transfer of that license to a location outside of the designated area. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation or organization and shall be clearly marked nontransferable on the face of the license. A license issued under this paragraph, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges thereto, to the licensing board which may grant any such returned license to a new applicant consistent with the criteria set forth in this paragraph. No license shall be re-issued to the same location within 6 months from the date the
prior license terminated unless the applicant files a letter in writing from the department of revenue with the local licensing authority indicating the prior licensee's good standing with the department.
Notwithstanding the provisions hereof, no quota established hereunder for any city or town shall be decreased because of any loss in population.
Unless expressly authorized by this chapter, local licensing authorities shall not grant licenses to any person, firm or corporation under more than one section of this chapter.
The population of any city or town for the purposes of this section shall be that enumerated in the most recent federal census.
In determining the population of any city or town for the purposes of this section the state secretary shall, if the last preceding census is the national census, by a writing filed by him in his office, make such adjustments in such census as will reflect the criteria used in making the last preceding state census.
Notwithstanding the provisions of this section, the number of licenses which a city or town was authorized to grant in nineteen hundred and thirty-three under this section shall not be decreased because of any loss in population, but only because of cancellation, revocation or failure to renew existing licenses, and no further original licenses shall be granted in a city or town where the population has decreased since nineteen hundred and thirty-three until the number of licenses outstanding shall have been reduced for the aforementioned reasons to a number which is less than that which may be granted based on such reduced population and thereafter the number of licenses in force and effect at any one time during the license year shall be based on such reduced population as provided in this section.
[ Paragraph added by 2010, 240, Sec. 143 effective August 1, 2010. See 2010, 240, Sec. 206.]
In addition to the number of licenses otherwise authorized to be granted pursuant to this section, a city or town may grant additional licenses under sections 12, 15 or 15F to the holder of a farmer-winery license under section 19B or in any other state for the sale of wine produced by or for the applicant. A license granted by a city or town under said section 12, 15 or 15F shall not be include as a license for purposes of determining the number of licenses allowed to be granted by a city or town under this section. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation or organization and shall be clearly marked nontransferable on its face.
CHAPTER 40A ZONING
Section 6 Existing structures, uses, or permits; certain subdivision plans; application of chapter
Section 6. Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension
or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure. Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. This section shall not apply to establishments which display live nudity for their patrons, as defined in section nine A, adult bookstores, adult motion picture theaters, adult paraphernalia shops, or adult video stores subject to the provisions of section nine A.
A zoning ordinance or by-law shall provide that construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more.
Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot
was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to January first, nineteen hundred and seventy-six, and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the zoning ordinances or by-laws in effect in a city or town.
If a definitive plan, or a preliminary plan followed within seven months by a definitive plan, is submitted to a planning board for approval under the subdivision control law, and written notice of such submission has been given to the city or town clerk before the effective date of ordinance or by-law, the land shown on such plan shall be governed by the applicable provisions of the zoning ordinance or by-law, if any, in effect at the time of the first such submission while such plan or plans are being processed under the subdivision control law, and, if such definitive plan or an amendment thereof is finally approved, for eight years from the date of the endorsement of such approval, except in the case where such plan was submitted or submitted and approved before January first, nineteen hundred and seventy-six, for
seven years from the date of the endorsement of such approval. Whether such period is eight years or seven years, it shall be extended by a period equal to the time which a city or town imposes or has imposed upon it by a state, a federal agency or a court, a moratorium on construction, the issuance of permits or utility connections.
When a plan referred to in section eighty-one P of chapter forty-one has been submitted to a planning board and written notice of such submission has been given to the city or town clerk, the use of the land shown on such plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submission of such plan while such plan is being processed under the subdivision control law including the time required to pursue or await the determination of an appeal referred to in said section, and for a period of three years from the date of endorsement by the planning board that approval under the subdivision control law is not required, or words of similar import.
Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of this section, provided an appeal from the decision disapproving said plan is made under applicable provisions of law. Such appeal shall stay, pending either (1) the conclusion of voluntary mediation proceedings and the filing of a written agreement for judgment or stipulation of dismissal, or (2) the entry of an order or decree of a court of final jurisdiction, the applicability to land shown on said plan of the provisions of any zoning ordinance or by-law which became effective after the date of submission of the plan first submitted, together with time required to comply with any such agreement or with the terms of any order or decree of the court.
In the event that any lot shown on a plan endorsed by the planning board is the subject matter of any appeal or any litigation, the exemptive provisions of this section shall be extended for a period equal to that from the date of filing of said appeal or the commencement of litigation, whichever is earlier, to the date of final disposition thereof, provided final adjudication is in favor of the owner of said lot.
The record owner of the land shall have the right, at any time, by an instrument duly recorded in the registry of deeds for the district in which the land lies, to waive the provisions of this section, in which case the ordinance or by-law then or thereafter in effect shall apply. The submission of an amended plan or of a further subdivision of all or part of the land shall not constitute such a waiver, nor shall it have the effect of further extending the applicability of the ordinance or by-law that was extended by the original submission, but, if accompanied by the waiver described above, shall have the effect of extending, but only to extent aforesaid, the ordinance or by-law made then applicable by such waiver.
| 
