HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
SEPTEMBER 25, 2006 @ 8:00 P.M.
On
PROPOSED ZONING BYLAW AMENDMENTS
For
OCTOBER 2, 2006 SPECIAL TOWN MEETING
Members Present: Philip Lindquist, Chairman
Joan DiLillo, Vice Chairman
Gordon Coyle, Member
Richard Flynn, Member
David Nagle, Clerk
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
Donald Ellis, Zoning Bylaw Committee, Chairman
Margaret Hansen, Zoning Bylaw Committee, Member
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. Clerk David Nagle advised that the public hearing notice had appeared in the Hanson Express on September 7 & 14, 2006. He read the first paragraph of the notice. It was determined that, due to its length, the rest of the notice would not be publicly read. A copy of the hearing notice is attached to these minutes.
I. Presentation of Zoning Articles
Town Planner Noreen O’Toole told the Board that six zoning articles had been submitted for inclusion on the warrant for the October 2, 2006 special town meeting by the Zoning Bylaw Committee. The articles appear on the warrant as Articles 21 through 26. She noted that Zoning Bylaw Committee members Donald Ellis and Margaret Hansen were present as well as David Nagle and Richard Flynn who are the Planning Board representatives to the Zoning Bylaw Committee to answer any questions the Planning Board members might have.
Article 21 - Would establish the conditions under which an in-law apartment can be constructed or created within an existing dwelling. Committee members, she said, decided that the maximum size for new construction should be 900 square feet and that no building permit would be issued until a time-stamped copy of a Declaration of Covenants is filed at the Plymouth County Registry of Deeds. Mr. Ellis noted that the 115 existing in-law apartments are grandfathered.
Article 22 - Would add the definition of an in-law apartment to the zoning bylaws.
Article 23 - Was requested by the Zoning Enforcement Officer and would bring the section of the zoning bylaws relative to non-illuminated signs into conformance with the general bylaws
Article 24 - Was recommended by the Building Inspector for clarity.
Article 25 - Would establish the conditions under which a temporary sign may be erected. The bylaw would be similar to Hanover’s bylaw with the exception of political signs which are not included in the Hanson bylaw.
Article 26 - Merely establishes a temporary sign.
III. Questions from Abutters
There were no abutters present.
IV. Questions from Public
There were no questions from the public. .
V. Findings
Motion to recommend all six articles at town meeting: Joan DiLillo
Second: Gordon Coyle
Vote: 5-0
VI. Adjournment
Motion to close the hearing: Joan DiLillo
Second: Gordon Coyle
Vote: 5-0
TOWN OF HANSON
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given pursuant to Massachusetts General Laws, Chapter 40A, Section V, that a Public Hearing will be held on Monday, September 25, 2006, at 8:00 p.m. in the Hanson Town Hall, 542 Liberty Street, Hanson, MA 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 Section VI.B.2 of the Hanson Zoning Bylaw by inserting a new subsection g. In-law Apartments and renumbering the rest of the section:
g. An in-law apartment is a housekeeping unit with a common means of egress and separate sleeping, cooking, and sanitary facilities that is contained within the structure of a single family dwelling. The intent of this provision is to provide dwelling units for persons who are related to the owner/occupant(s) of existing single family dwellings either by blood or marriage which may be allowed under the following conditions:
1. The owner(s) must occupy either the principal residence or the in-law apartment.
2. There shall be not more than one in-law apartment within a single-family dwelling.
3. The in-law apartment shall be designed so that the appearance of the structure
remains that of a one-family dwelling, subject further to the following conditions:
a. The in-law apartment shall be a maximum of 900 square feet unless the unit is contained within the existing footprint or structure and shall conform with all applicable requirements of the zoning district.
b. Any additional entrance shall be located on the side or in the rear of the dwelling.
c. The principal residence and the in-law apartment shall be serviced and monitored by common gas, electric and water meters.
d. There shall be provided at least two (2) off-street parking spaces for the main dwelling and at least one (1) off-street parking space for the in-law apartment.
4. A single family dwelling with an in-law apartment shall terminate upon any of the following events:
a. Sale of the premises.
b. Residence by any person other than a family member related by blood or marriage in either the main dwelling or in-law apartment.
c. Violation of any of the special permit restrictions imposed by the Board of Appeals
5. No in-law apartment shall be permitted prior to the issuance of a special permit by the Board of Appeals and a Building Permit by the Building Inspector. Upon receiving a special permit, the new owner(s) must file on subject property a Declaration of Covenants at the Plymouth County Registry of Deeds. The Declaration shall state that the right to rent a temporary in-law apartment ceases upon transfer of title. No building permit for an in-law apartment may be issued until a time-stamped copy of said recorded Declaration is provided to the Board of Appeals.
6. When a structure which has received a special permit for an in-law apartment is sold, the new owner(s), if they wish to continue to exercise the special permit, must, within ninety (90) days of the sale, apply to the Board of Appeals for a new special permit issued in their name stating that they will occupy one of the dwelling units in the structure as their permanent/primary residence, and shall conform to all of the criteria and conditions for in-law apartments and the approved special permit.
Proposed by the Zoning Bylaw Committee
Article
To see if the town will vote to amend Section II of the Hanson Zoning Bylaw by adding a new subsection In-Law Apartment: to read as follows and renumbering the rest of the section:
In-law Apartment:
An in-law apartment is a housekeeping unit, complete with a common means of egress and separate sleeping, cooking, and sanitary facilities that is contained within the structure of a single-family dwelling.
Proposed by the Zoning Bylaw Committee
Article
To see if the town will vote to amend Section VII.E.1 of the Hanson Zoning Bylaw to read:
1. Non-illuminated signs are permitted in all districts subject to the restrictions of Article 3-9 of the Town General Bylaws and as follows:
Proposed by the Zoning Bylaw Committee
Article
To see if the town will vote to amend Section III.D of the Hanson Zoning Bylaw by inserting the word “required” before the word “frontage.”
Proposed by the Zoning Bylaw Committee
Article
To see if the town will vote to amend the Hanson Zoning Bylaw by inserting Section VII.EE: Temporary Signs as follows:
Temporary Signs:
1. Temporary signs may be authorized by the Zoning Enforcement Officer for agricultural, public, or charitable purposes.
2, Any temporary sign, including public and charitable signs, shall comply with Section VII.E. of this bylaw.
3. Temporary signs shall be constructed in a manner deemed safe by the Zoning Enforcement Officer and in no case shall such signs be attached to or supported by a portable contrivance, wheeled or not wheeled. No vehicle, trailer, balloon, kite, pennant, flag, banner, etc. shall be used as a temporary or permanent means of exhibiting a sign which may circumvent or derogate from the intent of this bylaw.
4. Temporary signs shall be free-standing (i.e.not attached to a building, tree, post, pole, fence, rock, etc.) Construction shall be to the satisfaction of the Zoning Enforcement Officer as to material, colors and safety. The sign must be constructed to withstand strong winds. It must be placed at ground level only.
5. In a business or commercial-industrial district, the sign shall not exceed four feet in either width or height nor a total of 12 square feet. If a two-sided sign, the dimensions may apply to each side separately. In a residential area, the sign shall conform to all residential requirements and, in addition, in no case shall exceed six square feet.
6. No more than one temporary sign shall be permitted at one time on specific property. The sign shall be located within all property lines.
7. Temporary signs shall be allowed only for specific purposes not as semi-permanent displays. A “special sale” sign may be permitted (with a permit) for the actual duration of the sale or for two weeks, whichever is less, four times a year. Not more than four such sale signs shall be permitted in any one year for any one business. A new business may utilize a temporary sign (with a permit) for a period not to exceed two weeks prior to opening and three weeks after opening. These permits for temporary signs are not renewable, nor shall new permits be granted for essentially the same sign in a slightly different guise.
8. The purpose of a temporary sign, for the purposes of this bylaw, is for a special application or need and not as a means of circumventing the intent of the bylaw as to number of signs allowed on a property.
9. Signs on trash receptacles, benches, shelters and any other structures or similar units are not allowed.
Proposed by the Zoning Bylaw Committee
Article:
To see of the town will vote to amend Section II of the Hanson Zoning Bylaw by adding a new subsection: Temporary Sign: to read as follows and renumbering the rest of the section:
Temporary Sign:
Any sign not intended to be displayed or maintained permanently.
Proposed by the Zoning Bylaw Committee
The six zoning articles, proposed by the Zoning Bylaw Committee, have been submitted for and are included in the warrant for the Special Town Meeting to be held on Monday, October 2, 2006 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
September 7 & 14, 2006
Hanson Express
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