The URL can be used to link to this page

Home My WebLink About1983-06-20 Special Election2 SPECIAL ELECTION June 20, 1983 Pursuant to the Warrant and the Constable's Return thereon, a Special Election was held at the time and places specified in the Warrant and was called to order by the Wardens in the precincts as follows: Precinct 1 J. Warren Killam School Joseph E. Callahan Precinct 2 J. Warren Killam School Leon A. LaFreniere Precinct 3 Joshua Eaton School Fred C. Kenney, Jr. Precinct 4 Joshua Eaton School John H. Crooker Precinct 5 Alice M. Barrows School Edward P. Cameron Precinct 6 Alice M. Barrows School Phyllis A. Maloney Precinct 7 Birch Meadow School Eva C. Swift Precinct 8 Birch Meadow School Kenneth C. Latham who then partially read the Warrant, when on motion of Elizabeth C. Cronin, Eleanor M. Brown, Francis X. Day, Norma T. Sweeney, John J. Andreola, C. Dewey Smith, Henry A. Murphy, Jr. and John F. Cronin in precincts 1, 2, 3, 4, 5, 6, 7 and 8 respectively it was voted to dispense with the further reading of the Warrant, except the Officer's Return which was then read by the respective Wardens. The ballot boxes were examined by the Wardens in charge and each found to be empty and all registered 000. The polls were then declared open at 2:00 P.M. and were closed at 8:00 P.M. with the following results: Prec 1 Prec 2 Prec 3 Prec 4 Prec 5 Prec 6 Prec 7 Prec 8 Total QUESTION NO. 1 Shall the Town vote to approve the action of the representative Town Meeting of April 21, 1983 whereby it was voted by a vote of 83 to 10 under Article 36 of the Articles in the Annual Town Meeting Warrant that the Town vote to amend the Town's Zoning By -Laws by adding the following paragraph as Section 2.2.1.1.: 2.2.1.1 ACCESSORY APARTMENT: A self- contained housing unit consisting of one or more rooms with separate kitchen and bathroom facilities incorporated within an existing building that was originally designed as a one family dwelling. Yes 121 95 61 143 102 119 87 101 829 No 74 97 56 286 79 79 89 88 848 Blanks 4 5 2 7 5 4 8 6 41 Total 199 197 119 436 186 202 184 195 1,718 QUESTION NO. 2 Shall the Town vote to approve the action of the representative Town Meeting of April 25, 1983 whereby it was voted by a vote of 97 to 0 under Article 37 of the Articles in the Annual Town Meeting Warrant that the Town vote to amend the Town's Zoning By -Laws by renumbering the present Section 2.2.12. as Section 2.2.12.1. and inserting the following definition as Section 2.2.12.2.: 2.2.12.2. FLOOR AREA, NET: Shall be the actual occupied area not including hallways, stairs, mechanical spaces and not including the thickness of exterior or interior walls. Yes 128 99 63 165 107 128 96 106 892 No 65 87 53 257 72 65 77 80 756 Blanks 6 11 3 14 7 9 11 9 70 Total 199 197 119 436 186 202 184 195 1,718 QUESTION NO. 3 Shall the Town vote to approve the action of the representative Town Meeting of April 25, 1983 whereby it was voted by a vote of 98 to 3 under Article 38 of the Articles in the Annual Town Meeting Warrant that the Town vote to amend the Town's Zoning By -Laws by inserting in Section 4.2.2. Table of Uses, the following as the first line under ACCESSORY USES: Speciat Etection Accessory Apartment June 20, 1983 -152A Prec 1 Prec 2 Prec 3 Prec 4 Prec 5 Prec 6 Prec 7 Prec 8 Total RFC IF) FNr'F 5 -10 A -40 A -80 BUS BUS BUS IND 5 -20 A B C 5 -40 SPA SPA NO SPA No No No Yes 117 94 58 133 100 113 87 99 801 No 73 96 54 280 78 79 87 85 832 Blanks 9 7 7 23 8 10 10 11 85 Total 199 197 119 436 186 202 184 195 1,718 QUESTION NO. 4 Shall the Town vote to approve the action of the representative Town Meeting of April 21, 1983 whereby it was voted by a vote of 88 to 29 under Article 39 of the Articles in the Annual Town Meeting Warrant that the Town vote to amend the Town's Zoning By -Laws by inserting a new paragraph as Section 4.3.2.8. to read as follows: 4.3.2.8. PURPOSE: The Purpose of allowing accessory apartments within the Town is to encourage the alteration and /or construction of a limited number of housing units which will increase the availability of rental units within the Town, will help to meet local housing needs without causing significantly adverse effects on the character and municipal services of the community and will ensure compliance with State and local planning standards and policies concerned with land use, building design and the health, safety, convenience and general welfare of the inhabitants of the Town. RESTRICTIONS: The Special Permit Granting Authority may grant a Special Permit for an accessory apartment, if, as a minimum, the following conditions are met: a) The dwelling in which the accessory apartment is to be located was legally occupied prior to August 1, 1982; b) Notwithstanding the provisions of Section 4.3.2.6. of these By -laws, the accessory apartment shall occupy no more than one -third (1/3) of the gross floor area of the one family dwelling of which it is part, exclusive of any garage, unfinished basement, shed or other accessory use structure attached to or part of such one family dwelling (as of August 1, 1982) and shall contain as a minimum at least four hundred (400) square feet of net floor area and as a maximum not more than seven hundred fifty (750) square feet of net floor area. Building density shall be limited so that the ratio of gross floor area to total land area shall not exceed 1:5; c) At least one of the owners of the one family dwelling in which the accessory apartment is located resides in the accessory apartment or principal one family dwelling, except for bona fide temporary absences, during which absence period a third party may not occupy the owner's unit, unless and until notification of the change of occupancy is submitted to the Board of Appeals; d) The accessory apartment and any and all other modifications to the principal one family dwelling shall be designed so that the appearance of the building remains that of a one family dwelling. Any new entries shall be located on the side or in the rear of the building and any additions for access and /or egress shall not increase the gross floor area (as described in paragraph b above) of the original house by more than ten per cent (10 %) and shall not increase the building density beyond that allowed in paragraph b above. Any other changes in the building shall comply in all respects with the applicable provisions of the Zoning By -laws; e) All motor vehicles owned or maintained by occupants of the building in which the accessory apartment is located shall be parked off the street and the location and appearance of all additional off - street parking shall not adversely affect the adjoining properties in the neighborhood or the single - family appearance of the neighborhood in general and will cause no change to the front yard parking area, if any, as it existed on August 1, 1982; f) There shall be no other apartment on the lot on which the accessory apartment is to be located; g) The accessory apartment shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants in the entire dwelling; 152 -a Spec,i.at Etecti,an June 20, 1983 Prec 1 Prec 2 Prec 3 Prec 4 Prec 5 Prec 6 Prec 7 Prec 8 Total h) Special Permits for accessory apartments can be issued by the Board of Appeals up to a limit of ten per cent (10 %) of all one family dwellings in the Town, excluding those which already qualify under Section 4.3.1.1. of these By -laws for conversion to two family use; i) Any other conditions, safeguards and limitations on time or use as may be imposed by the Board of Appeals according to Massachusetts General Laws, Chapter 40A, Section 9 or regulations adopted pursuant thereto. PROCESS: An owner or owners of a one family dwelling may make application to the Board of Appeals for a Special Permit for the alteration and /or construction and occupancy of an accessory apartment in a one family dwelling in compliance with all of the above - listed restrictions. The Board of Appeals will then post notice of this public hearing in accordance with Chapter 40A, Massachusetts General Laws. The Special Permit for said accessory apartment will be limited to the original applicant(s) but shall be transferred with ownership upon the successful inspection of the property which verifies that all conditions of the requirements for an accessory apartment are being met and upon recertification that the new owner(s) of the dwelling plan(s) to maintain residence in either the accessory apartment or the principal residence. If the terms and /or conditions of the Special Permit for an accessory apartment are not being complied with, such Special Permit can and will be revoked in accordance with standard enforcement procedures, or if all conditions are not met within one year of issuance of the Special Permit, the Special Permit will be null and void. Yes 125 95 58 136 101 116 91 98 820 No 73 98 58 289 81 83 88 91 861 Blanks 1 4 3 11 4 3 5 6 37 Total 199 197 119 436 186 202 184 195 1,718 QUESTION NO. 5 Shall the Town vote to approve the action of the representative Town Meeting of April 25, 1983 whereby it was voted by a vote of 93 to 4 under Article 40 of the Articles in the Annual Town Meeting Warrant that the Town vote to amend the Town's Zoning By -Laws by adding the words "or accessory apartment," in the Table of Section 6.1.1.3. following the words, "each room offered for rent" so that the off - street parking requirement for a One Family detached house shall read: Principal Use Minimum Number of Off- Minimum Number of Street Parking Spaces Off - Street Loading Required and Unloading Spaces Required One family Two spaces plus one space None detached for each room offered for house rent or accessory apartment, and in the event that the said house is lawfully used for the business or profession of the occupant, one additional space for each two rooms used for said business or profession Yes 117 90 54 140 102 120 88 93 804 No 73 91 55 267 73 72 77 84 792 Blanks 9 16 10 29 11 10 19 18 122 Total 199 197 119 436 186 202 184 195 1,718 20% required for reversal (or 2,704) The total number of votes cast was 1,718 Meeting adjourned at 9:30 P. M. A true copy. Attest: Lawrence Drew Town Clerk