HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held MAY 2, 2001 @ 8:00 P.M.
OnPROPOSED ZONING BYLAWS
For MAY 7, 2001 SPECIAL TOWN MEETING
Members Present: Philip Lindquist, Chairman
David Harris, Vice Chairman
Joan DiLillo, Member
Members Absent: Gerard LeBlanc, Clerk
Gordon Coyle, Member
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
Lila Coyle, Zoning Bylaw Committee
I. Call to Order: 8:00 p.m. - Town Hall
A. Chairman Philip Lindquist advised all present that the meeting was being tape recorded and filed.
B. By a consensus of Board members and residents in attendance the reading of the following public hearing notice by Vice Chairman David Harris was waived. The full text of the proposed bylaw amendments was filed with the Town Clerk for posting on the official bulletin board in Town Hall on April 17, 2001 and a synopsis was published in the Hanson Town Crier on April 12 and 19, 2001.
TOWN OF HANSON
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given pursuant to Massachusetts General Law, Chapter 40A, Section V, that a Public Hearing will be held on May 2, 2001, at 8:00 p.m. in the Hanson Town Hall, 542 Liberty Street, Hanson, Massachusetts by the Hanson Planning Board to consider amending the following sections of the Hanson Zoning Bylaw:
ARTICLE:
To see if the Town will vote to amend the Hanson Zoning Bylaw, Section VI.D.1., Business District, Uses permitted subject to site plan approval, by adding:
m. Body Art Establishments, including but not limited to, tattooing and body piercing.
Or take any other action in relation thereto.
Proposed by the Zoning Bylaw Committee
Explanation: A Superior Court justice found in October 2000 a Massachusetts General Law prohibiting the act of tattooing except by a licensed physician to be unconstitutional. On January 30, 2001 the Hanson Board of Health adopted regulations regarding Body Art Establishments and established a permit/application process to operate a body art establishment and perform any body art procedure. If this amendment is approved, Hanson Zoning Bylaw, Section VI.D.1.m. would allow the location of said Body Art Establishments in the Business District with site plan approval from the Board of Appeals
ARTICLE
To see if the Town will vote to amend the Hanson Zoning Bylaw VII.G., Trailer or Mobile Home, by deleting Section G and inserting the following:
G. Trailer, Travel Trailer, Motor Home, Mobile Home, Camper or Tent
No area in any zoning district in Town shall be occupied or used as a dwelling for living quarters by a trailer, travel trailer, motor home, mobile home, camper or tent for a total time in excess of thirty (30) days during any one calendar year, unless permit for same is issued by the Board of Appeals, such permit to be for a term of not more than one (1) year, and, unless the trailer, travel trailer, motor home, mobile home, camper or tent conforms to yard and area requirements as specified for a dwelling in a Residence A District and Board of Health Regulations. In the event of natural disaster, such as fire, flood, hurricane, tornado or lightning or similar catastrophe, a permit may be obtained from the Building Inspector to allow a mobile home on lot affected for a period of not more than twelve (12) months.
Such Permit will be subject to Board of Health Regulations and Requirements of the Building Inspector. One extension of six (6) months granted by the Board of Appeals upon written application of the original petitioner.
Or take any other action in relation thereto.
Proposed by the Zoning Bylaw Committee
Explanation: A revision of this zoning bylaw was requested by the Health Agent to assist in the enforcement of local health regulations.
ARTICLE
To see if the Town will vote to amend the Hanson Zoning Bylaw, Section II, Definitions, by inserting the following definitions in alphabetical order and then relettering the entire section:
Body Art:
The practice of physical body adornment by permitted establishments and practitioners using, but not limited to the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine in the Commonwealth, such as implants under the skin, which shall not be performed in a body art establishment
Body Piercing:
The puncturing or penetration of the skin of a person with presterilized single-use needles and the insertion of presterilized jewelry or other adornment thereto in the opening. This definition includes piercing of the outer perimeter of the ear, but does not include piercing of the earlobe with presterilized single-use stud-and-clasp ear-piercing systems.
Camping Trailer:
A folding structure, mounted on wheels and designed for travel, recreation and vacation use.
Motor Home:
A Class A, B, or C (as defined by the Massachusetts Registry of Motor Vehicles) portable, temporary dwelling to be used for travel, recreation or vacation constructed as an integral part of a self-propelled vehicle.
Pick-up Coach:
A structure to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, or vacation.
Tattooing:
Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
Tent:
A portable folding structure designed for travel, recreation and vacation use.
Travel Trailer:
A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, or vacation.
Or take any other action in relation thereto.
Proposed by the Zoning Bylaw Committee
Explanation: These definitions apply to the tattooing and the trailer, travel trailer, mobile home, camper or tent zoning amendments also before voters for consideration at this special town meeting.
ARTICLE
To see if the Town will vote to amend Section II Definitions, Part V.1., Frontage of the current zoning by-law by deleting the last line. Said section to now read as follows:
V.1. Frontage:
“The boundary of a lot coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site, and the street has been determined by the Planning Board to provide adequate access to the premises under the functional standards of the Subdivision Control Act and the Subdivision Rules and Regulations of the Planning Board. Lot frontage shall be measured continuously along one street line between side lot lines, or, in the case of corner lots, between one side lot line and the mid-point of the corner radius. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one (1) continuous frontage section, without any totaling of discontinuous frontage sections."
And further to amend Note 2 to the Table of Dimensional Requirements in Section VIIB, Development of Sites and Location of Buildings and Structures, by deleting the 3rd Sentence. The note to now read as follows:
"Measured at the street line. Where a lot has frontage on two (2) streets only one-half (1/2) of the linear distance on the curve at the intersection shall be computed as frontage on any street. Width of all lots shall at least meet the minimum frontage for a depth of one hundred feet (100')."
Or take any other action in relation thereto.
Proposed by the Board of Selectmen
Explanation: These two changes will eliminate the penalty on corner lots in having to have twice the normal minimum frontage, and allow for the subdivision of lots having twice the minimum area and twice the frontage, even if they are on a corner.
The four zoning articles have been submitted for and are included in the warrant for the Special Town Meeting to be held on May 7, 2001 at 7:30 p.m. at the Hanson Middle School. At the Special Town Meeting, the Planning Board will, as required by law, make recommendations to the voters. The full text of the proposed amendments, a copy of the existing Zoning Bylaw, and a zoning map are available for public viewing during regular business hours at the Office of the Town Clerk.
Philip R. Lindquist, Chairman
Hanson Planning Board
II. Presentation of Zoning Articles
Speaking on behalf of the Zoning Bylaw Committee, Lila Coyle explained the article on Body Art Establishments was being proposed to restrict their location to the business district with site plan approval. She said requiring a special permit had been rejected by the committee as the Attorney General’s office has made it known tattoo parlor bylaws will be closely reviewed to make sure they are not too restrictive.
The proposed amendment to the Trailer and Mobile Home bylaw, Mrs. Coyle said, is the result of a communication from the Board of Health and is intended to prevent the use of recreational vehicles as permanent living quarters. Several new vehicles have been added to the existing bylaw, she said, and the amended bylaw would prevent their use in all zoning districts. The amendment to the definitions bylaw, she said, would add, in alphabetical order, definitions related to the body art and trailer articles.
Representing the Board of Selectmen, Bernard Munro of Land Planning, Inc. told the Board that the zoning bylaws as they now stand render some lots unbuildable due to the 150 foot frontage requirements on both streets of a corner lot. He offered examples of existing parcels which do not meet the requirements including those designated by developers for drainage purposes. He noted that houses on corner lots would still need the 50 foot setback from both streets and the frontage would have to be maintained for a depth of 100 feet. Mrs. Coyle said that she would like to have research done to determine why the requirement was voted in the 1970’s. Administrative Assistant Barbara Ferguson said that she had checked with
the Town Clerk and was advised that the records from the period do not indicate such information.
III. Questions from Abutters
Clerk Gerard LeBlanc advised those present that the following abutters had been notified of the hearing on April 17, 2001 as required by Massachusetts General Laws, Chapter 40A, Section 5:
Dept. of Housing & Community Development,
Metropolitan Area Planning Council
Old Colony Planning Council
Planning Board of Hanover
Planning Board of Halifax
Planning Board of Pembroke
Planning Board of Rockland
Planning Board of Whitman
Planning Board of East Bridgewater
Donald Schmidt, Principal Land Use Planner, Department of Housing and Community Development
No representative of any of the abutters notified was present to speak at the hearing nor were any communications received.
IV. Questions from the Public
Margaret Hansen of Cross Street asked about the impact of the camper and trailer bylaw on a resident whose parents come up from Florida for the summer. Mrs. Coyle said the visitors could live in the camper for 30 days. Longer than that, she said, would require a permit from the Board of Appeals. Arthur Brasill of County Road expressed opposition to the proposed change because there is a fee to go before the Appeals Board.
Peggy Hanson of Cross Street said that she could not see the need for maintaining the 150 feet of frontage on both streets. Kathleen Marini of Union Street asked if eliminating the corner lot provision would allow the construction of additional homes in subdivisions and was advised that it could occur on a case by case basis. Town Planner Noreen O’Toole said there is an impact related to every zoning change.
V. Questions/Comments from Other Town Boards/Departments
The Board noted a May 2, 2001 memorandum from Building Inspector Michael Kennedy which stated that he supported the body establishment article, would gladly work with all involved departments in implementing the mobile home bylaw, and wanted more information on the corner lot proposal as he was certain that creative engineering would develop many scenarios.
VI. Questions from Planning Board Members
Members were in agreement with the placing of body art establishments in business zones and the addition of more types of vehicles to the trailer and mobile home bylaw and restriction against their use as permanent residences in all zones. They were also in agreement with the proposed definitions. Chairman Philip Lindquist questioned the need to change the corner lot frontage restriction noting the existing bylaw has served the town well for 30 years. Vice Chairman David Harris said that he was opposed to the change because it was never brought before the Zoning Bylaw Committee for review.
VII. Findings
Motion to Recommend Body Art Establishment Zoning Bylaw Amendment at May 7, 2001 Special Town Meeting : David Harris
Second: Joan DiLillo
Vote 3-0
Motion to Recommend Trailer Zoning Bylaw Amendment at May 7, 2001 Special Town Meeting : David Harris
Second: Joan DiLillo
Vote 3-0
Motion to Recommend Definitions Zoning Bylaw Amendment at May 7, 2001 Special Town Meeting : David Harris
Second: Joan DiLillo
Vote 3-0
Motion Not to Recommend Frontage Zoning Bylaw Amendment at May 7, 2001 Special Town Meeting : David Harris
Second: Joan DiLillo
Vote 3-0
VIII. Adjournment - 8:37 P.M.
Motion to Adjourn: David Harris
Second: Gerard LeBlanc
Vote 5-0
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