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March 30, 2011
Warrant Committee                                                               March 30, 2011

Thirty-second Meeting

Present:        E Innes, D Turner, T Hurley, C Tougias, M Zullas, J Powers, J Folcarelli,
                J Wilson, J Ahonen, C Cahill, L Walker

Absent: H Bell, M Mitchell, K Chase, R Pathak                                                                                                                                                                            Reserve Fund Balance:   $256,984
        Set Aside:                      $  75,625
        Reserve Fund Balance:   $181,359

The Chair called the meeting to order at 7:30 PM in the Carol Blute Conference Room.

On a motion made by Member Turner and seconded by Member Zullas, the Warrant Committee voted 7-0-4 to approve the minutes of 3/16/2011.

On a motion made by Member Walker and seconded by Member Turner, the Warrant Committee voted 7-0-4 to approve the minutes of 3/23/2011.

The Chair informed the committee that, following a public hearing, the Planning Board had recommended approval of revised language for Article 36 at its last meeting. Following discussion, on a motion made by Member Walker and seconded by Member Wilson, the committee voted 11-0-0 to make the following recommendation to Town Meeting for Article 36:

RECOMMENDED that the Town vote to amend Chapter 10 of the General By Laws, known as the Zoning By Laws as follows:

By adding a comma and the words “not greater than 20 feet in height above the average grade of the building footprint,” following the words “one story building of accessory use” in Paragraph 1 of Subsection C (“ Side Yards”) of Section VI (“Area Regulations”).
By adding the words “and further provided that, if there shall be a retaining wall in a restricted area specified above which raises the average grade of the building footprint, the rise in such average grade shall be deemed a part of the height of any one story building of accessory use constructed in such restricted areas” at the end of Paragraph 1 of Subsection C of Section VI.

So that Paragraph 1 of Subsection C of Section VI reads

No building except a one–story building of accessory use, not greater than 20 feet in height above the average grade of the building footprint, shall be erected or maintained in a Residence AA or A district within 15 feet of a side lot line, or within 30 feet of any other building on an adjacent lot, in a Residence B district within 12 feet of a side lot line or within 24 feet of any other building on an adjacent lot, or in a Residence C district within 10 feet of a side lot line, or in a Residence D district within 20 feet of a side lot line, or in a Residence D–1 district within 40 feet of a side lot line, or in a residence D–2 district within one hundred (100) feet of a side lot line except that the distance shall be not less than one hundred seventy–five (175) feet to any street or public way and to a side lot line of an adjacent lot which is being used for single family residential purposes, provided, however , that this requirement shall not apply with respect to side lot lines between two adjacent lots zoned as Resident D–2 and further provided that, if there shall be a retaining wall in a restricted area specified above which raises the average grade of the building footprint, the rise in such average grade shall be deemed a part of the height of any one story building of accessory use constructed in such restricted areas.

By adding the words “and further provided that, if there shall be a retaining wall within 30 feet of a rear lot line which raises the average grade of the building footprint, the rise in average grade shall be deemed a part of the height of any one story building of accessory use constructed thereon” at the end of Paragraph 1 of Subsection D (“Rear Yards”) of Section VI (“Area Regulations”).

     4.  By adding a comma and the words “not greater than 20 feet in height above average grade of the        building        footprint,” between the words “accessory use” and “shall” in Paragraph 1 of Subsection D of     Section         VI.

So that Paragraph 1 of Subsection D of Section VI reads

In a Residence AA, A, B or C district no building except a one–story building of accessory use, not greater than 20 feet in height above average grade of the building footprint, shall be erected or maintained within 30 feet of the rear lot line, provided that no building need be set back from the rear lot line more than 30 percent of the mean depth of the lot and further provided that, if there shall be a retaining wall within 30 feet of a rear lot line which raises the average grade of the building footprint, the rise in average grade shall be deemed a part of the height of any one story building of accessory use constructed thereon.

On a motion made by Member Walker and seconded by Member Wilson, the Warrant Committee adjourned at 7:50 PM.


        Reserve Fund Balance:   $256,984
        Set Aside:                      $  75,625
        Reserve Fund Balance:   $181,359

Respectfully submitted,


Helen Kiddy
Clerk