Planning Board - Legal Notice

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, October 18, 2011 at 8:00 p.m. in the Public Services Administration Building (Charles River Room), 500 Dedham Avenue, Needham, Massachusetts, regarding certain proposed amendments to the Needham Zoning By-Law to be considered by the November 2011 Special Town Meeting. Persons interested are encouraged to call the Planning Board office (781-455-7500) for more information. A copy of the text of the proposed article 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 and Town Clerk in the Needham Town Hall, 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 for New England Business Center

To see if the Town will vote to amend the Needham Zoning By-Law as follows:

1. In Section 4.8 Dimensional Regulations for New England Business Center

Amend 4.8 Table

By changing Front Setback from 20 feet to 15 feet.

By changing Maximum Lot Coverage from 50% to 65%

By changing Floor Area Ratio from 0.40 to 1.00

By changing Maximum Height from 68 feet to 84 feet

Amend Footnote (1)

By changing the first sentence to read: “No building shall exceed a height of 84 feet.”

Amend Footnote (2)

By changing first sentence to read: “Maximum lot cover shall be 65% for all projects.”

By changing second sentence to read: “However, if a project is designed such that at least 65% of the required landscaped area immediately abuts at least 65% of the required landscaped area of an adjoining project for a distance of at least 50 feet the maximum lot coverage may be increased to 75%.” (75% replaces 60%)

Amend Footnote (4)

By changing the sentence to read: “A 25-foot front yard setback must be maintained for structured parking.” (25-foot replaces 30-foot.)

Amend Footnote (6)

By changing first sentence to read: “A floor area ratio of up to 1.75 may be allowed by a special permit from the Planning Board.” (1.75 replaces 1.1)

By changing third sentence to read: “Further, the Planning Board may allow a floor area ratio of up to 2.0, by special permit, where the applicant demonstrates, to the Board’s satisfaction, that the proposed use will not generate peak hour trips in excess of 0.6 trips per 1,000 square feet of total development area.” (2.0 replaces 1.5)

2. In Section 4.8.1 Supplemental Dimensional Regulations for New England Business Center

Amend subsection (4)

By changing the first sentence to read: “A minimum of 20% of the total lot area must be open space.” (20% replaces 25%)

By adding the following sentence at the end of this subsection 4: “Notwithstanding the preceding sentence, open space shall include pervious surfaces used for ways, access streets, parking areas, driveways, aisles, walkways, or other constructed approaches or service areas, green roofs and any areas used for groundwater recharge and sediment removal processes.”

3. In Section 4.8.2 Floor Area Ratio, Incentives

Amend Section 4.8.2

By changing the first sentence to read: “In the New England Business Center District the maximum floor to area ratio (FAR) permitted by right shall be 1.00.” (1.00 replaces 0.4.)

4. Add New Section 4.8.3

The Planning Board may, by special permit, waive any or all dimensional requirements set forth above in this Section 4.8 (including sections 4.8.1 and 4.8.2), up to a maximum percentage of 25% if it finds that, given the particular location and/or configuration of a project in relation to the surrounding neighborhood, such waivers are consistent with the public good, that to grant such waiver(s) does not substantially derogate from the intent and purposes of the By-Law or the Goals of the District Plan, and that such waivers are consistent with the requirements of Section 6.8. This section does not authorize the Planning Board to waive the maximum height regulations.

Article 3: 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 4: 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.”

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 views known to the Planning Board.