Legal Notice - Planning

LEGAL NOTICE 
Please note: These hearings were originally scheduled for March 6, 2012 but have been cancelled on that date due to the election. The hearings have been rescheduled and re-noticed for March 20, 2012.

LEGAL NOTICE
Planning Board
TOWN OF NEEDHAM
NOTICE OF HEARING

In accordance with the provisions of M.G.L., Chapter 40A, S.5, the Needham Planning Board will hold a public hearing on Tuesday, March 20, 2012 at 8:10 p.m. in the Charles River Room of the Public Service Administration Building, 500 Dedham Avenue, Needham, Massachusetts, regarding certain proposed amendments to the Needham Zoning By-Law to be considered by the 2012 Annual Town Meeting. Articles 1, 2 and 3 below were submitted by the Planning Board. Article 4 was submitted by Citizens’ Petition. Persons interested are encouraged to call the Planning Board office (455-7500) for more information. A copy of the text of the proposed articles will be mailed on request. Copies of the text and any plans referred to may also be examined in the offices of the Planning Board, 500 Dedham Avenue, Needham, Massachusetts.

The proposed amendments are identified below in terms of subject matter. The article designations given have been assigned by the Planning Board for identification purposes only. An article number will subsequently be established by the Selectmen for the Warrant.

Article 1:PB Amend Zoning By-Law - Definitions

To see if the Town will vote to amend the Needham Zoning By-Law, Section 1.3 Definitions, by adding the following term and definition in appropriate alphabetical order as follows:

“Studio - premises used by a professional artist as a workroom and/or as a workplace where art is taught to, practiced by, or studied with others.”

Article 2:PB Amend Zoning By-Law – Dimensional Regulations

To see if the Town will vote to amend the Needham Zoning By-Law, Section 4.1 Basic Requirements, Subsection 4.1.3, Reduction of Area and Frontage Requirements, by revising the paragraph, so that the entire subsection shall now read as follows: (new language underlined):

“4.1.3 Reduction of Area, Frontage, and Setback Requirements

No lot shall be reduced in area or frontage if it already has or will be caused to have less area or frontage than required by this section, except by a taking by eminent domain or a conveyance for a public purpose. Such lots reduced in area or frontage by a taking by eminent domain or a conveyance for a public purpose shall be entitled to the protections afforded by statute and in this By-Law to pre-existing nonconforming lots. Further, if an existing structure is rendered nonconforming as to setback (or more non-conforming as to setback) by a taking by eminent domain or conveyance for a public way or access way or by the approval of a subdivision way for a third-party, said structure shall be entitled to the protections afforded by statute and in this By-Law to pre-existing nonconforming structures.”

Article 3:PB Amend Zoning By-Law – Off-Street Parking Requirements

To see if the Town will vote to amend the Needham Zoning By-Law, Section 5.1 Off-Street Parking Requirements, Subsection 5.1.3 Parking Plan and Design Requirements, by modifying the first Sentence of Section 5.1.3 (a) Parking Lot Illumination by deleting the words “at least one foot candle” and replacing them with the words “an average of one foot candle” so that the sentence shall now reads as follows:

“(a) Parking Lot Illumination – All parking areas which are proposed to be illuminated shall provide an illumination level of an average of one foot candle.”

Article 4:PB Amend Zoning By-Law – Definition of Structure

To see if the Town will vote to amend Section 1.3 of the Needham Zoning By-Law, Definition of Structure, as indicated below. The added text is underlined.

“Anything constructed or erected, the use of which requires a fixed location on the ground or attached to something located on the ground including an artificial or a constructed swimming pool having a depth of water of two (2) feet or more or water surface area of at least one hundred (100) square feet when filled to capacity, including an attached pool deck, but excluding a fence, boundary wall, public utility pole, public utility supporting device or a structure with less than one hundred square foot ground coverage and a height of less than eight (8) feet.”

Copies of these articles are available for public inspection at the Planning Board Office, 500 Dedham Avenue, Needham, Massachusetts. Interested persons are encouraged to attend the public hearing and make their view known to the Planning Board