WARRANT FOR SPECIAL TOWN MEETING
MONDAY, OCTOBER 24, 2005
To either of the Constables of the Town of Stoneham in the County of Middlesex,
Greeting:
In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs to meet in the Town Hall, 35 Central Street, on
Monday, October 24, 2005
at 7:30 o’clock in the evening to act upon the following articles of this Warrant:
Tellers were appointed to check the names of voters entering the Town Hall and the checklist showed 206 voters were inside the meeting.
Moderator Michael Rotondi led the Pledge of Allegiance. Town Clerk John Hanright read a memorial statement acknowledging former Selectmen Jack Mahoney, former veteran’s agent Joseph DeSisto and longtime Town employee Barbara Pollack. This was followed by a moment of silence.
The meeting was called to order by Moderator Michael Rotondi at 7:41 PM and the warrant was read.
Article 1. To see if the Town will vote to authorize the transfer of care, custody, management and control of a parcel of land, no longer needed for school or school related purposes, located between Stoneham High School main driveway and Emerald Court, said property is a portion of parcel #152 on Sheet 8, between parcel 155 to the South and parcels 153 and 154 to the North containing approximately 13,500 square feet, to the Board of Selectmen for the purpose of the sale of said land, or do anything in relation thereto.
School Committee
Article 1. Voted that the Town authorize the transfer of care, custody, management and control of a parcel of land, no longer needed for school or school related purposes, located between Stoneham High School main driveway and Emerald Court, said property is a portion of parcel #152 on Assessor’s Map 8, between parcel 155 to the South and parcels 153 and 154 to the North containing approximately 13,500 square feet, to the Board of Selectmen and/or the Town Administrator for the purpose of the sale of said land.
?Vote Required
Hand Count Taken
Yes No
84 76
Motion Fails
Motion for Reconsideration
Cannot Be Reconsidered
* Moderator Michael Rotondi disclosed that if Article 2 were to be approved it could financially benefit extended family, but he knew of no benefit to his immediate family.
Article 2. To see if the Town of Stoneham will vote to amend Section 6.7 SIGNS of the Town of Stoneham Zoning By-Laws by amending or adding the following sections:
Section 6.7.5 Prohibited Signs:
(b) Off-premise signs and billboards, except for non-commercial signs and signage permitted pursuant to Sections 6.7.6 (e) and 6.7.8.
Section 6.7.6 Permitted Signs:
(e) Off-Premise and Billboard Signs are permitted by Special Permit in the Commercial 1 and Commercial 3 Zoning Districts, subject to the procedures and requirements in Section 6.7.8.
Section 6.7.8 Off-Premise and Billboard Sign – Procedures:
Section 6.7.8.1 Applications: Off-Premise and Billboard Signs shall be permitted in the Commercial 1 and Commercial 3 Zoning Districts only by grant of a Special Permit issued by the Board of Selectmen. Any person desiring a Special Permit under this section shall submit a Special Permit application to the Board of Selectmen together with a filing fee of $500.00 and ten (10) copies of the application materials as outlined below:
(a) Site Plan and area maps identifying the following features:
i. Location of any existing buildings, parking spaces and traffic circulation pattern on the subject parcel;
ii. Proximity of nearest residentially used and residentially zoned property utilizing current aerial photographs and Stoneham Assessors Maps;
iii. Specific location of proposed Off-Premise or Billboard Sign; and,
iv. Details of proposed buffer/landscaping area around signage including species and caliper of trees and/or shrubbery.
(b) Off-Premise or Billboard Sign details shall include the following information:
i. Detailed dimensions and area of any proposed single or multi-faced sign;
ii. Detail sheet of any proposed support structure specifying dimensions and construction type. Upon request by the Board of Selectmen or the Building Inspector, the Applicant shall provide a structural analysis of the support structure stamped by a licensed structural engineer; and,
iii. Lighting proposal, including cut sheets of all proposed lighting fixtures to be either attached to the sign, structure or affixed to the ground;
(c) Additional Requirements:
i. Authorization from the property owner (i.e., lease, etc.) granting permission to install proposed signage;
ii. Authorization, as necessary, from the Commonwealth of Massachusetts and/or the Federal Government; and,
iii. Any additional information as may be required by the Board of Selectmen to assist the Board in determining whether the application complies with the intent and requirements of this Section 6.7.8.
Section 6.7.8.2 Dimensional Restrictions and Design Guidelines: All signage proposals shall be designed in compliance with the following requirements:
1. Signage shall be permitted in the Commercial 1 and Commercial 3 Zoning Districts only, provided, however, that said signage shall be located no further than 50’ from any interstate layout;
2. Signage shall not have excessive lighting nor shall it have any mechanical or moving parts which would, in the opinion of the Board, have the effect of causing a hazard to motorists. This shall not preclude an applicant from proposing signage which allows for more than one advertisement to be displayed, such as a so-called “tri-vision” sign, at the discretion of the Board of Selectmen;
3. Signage shall not create a visual impediment or impact to any abutting or adjacent residentially zoned or used property;
4. No portable signs shall be permitted. All signage must be permanently affixed to a main support structure;
5. There shall be no more than one Off-Premises or Billboard Sign permitted for every 1500 linear feet of Commercial 1 and Commercial 3 frontage which directly abuts an interstate layout. This calculation shall be based on the current Zoning Map and such calculation shall be submitted by the Applicant to the Board of Selectmen as part of the application materials;
6. An Off-Premises or Billboard sign may be double sided. An individual sign or sign face shall not exceed 672 square feet in total area and shall not exceed 14 feet in height x 48 feet in width.
7. An Off-Premises or Billboard sign may be mounted on a pedestal or other support structure which may not exceed 40 feet in height. The height of such structure shall be calculated from the base of the support structure or sign, whichever is affixed to the ground (exclusive of structural footings), to the highest point of the support structure;
8. Signage lighting or other illumination related to the proposed sign shall not project, glare or negatively impact abutting properties and shall not shine onto abutting roadways;
9. The Applicant shall provide a 10’ wide landscaped buffer around the base of the support structure to minimize any visual impacts.
Section 6.7.8.3 Criteria for Approval: The Board of Selectmen shall not approve any applications for a Special Permit under Section 6.7.8 unless it finds that all of the following conditions are met or are incorporated into any Special Permit decision:
1. The specific site is an appropriate location for the proposed sign and the design and layout complies with the standards set forth in these procedures and requirements;
2. The proposed sign will not adversely affect the abutting neighborhood or have the effect of causing a hazard to motorists;
3. Any Special Permit decision shall require compliance with Section 6.7.7.2 “Certificate of Insurance”;
4. Any Special Permit decision shall require compliance with Section 6.7.7.3 “Location of sign; inclusion of permit number on sign”;
5. Any Special Permit decision shall require compliance with Section 6.7.7.5 “Maintenance; inspection”;
6. All permits are subject to any necessary approvals and conditions issued by the State of Massachusetts or Federal Government; and,
7. The Board of Selectmen, in granting the special permit, shall attach such additional conditions and safeguards as it deems necessary.
Section 6.7.8.4 Sign Maintenance: If a sign permitted under Section 6.7.8 is abandoned or is in disrepair for a period of ninety (90) days, it shall be cause for its removal. The Building Inspector shall notify the owner and/or manager of the sign and property owner in writing, specifying a forty-five (45) day period to remove or repair said sign otherwise upon expiration of the forty-five (45) day period the sign permit shall be revoked. If the sign has not been removed or repaired within the time period to the satisfaction of the Building Inspector, the Building Inspector shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the sign owner and/or property owner as determined by the Building Inspector.
If the Building Inspector determines that a sign is an immediate threat to public safety, irrespective of any stays granted to the sign and/or property owner, the Building Inspector may cause any sign, abandoned or not, and any portion of its support structure if deemed part of the public threat, to be immediately removed, and/or the threatened public area cordoned off. All expenses for protecting the public, including the removal of said sign or stabilization of the public safety threat, shall be borne by the sign owner and/or property owner as determined by the Building Inspector. A sign which is not abandoned may be returned to its original position, but only after repairs have been made and the public safety threat abated, to the satisfaction of the Building Inspector.
Section 6.7.8.5 Surety: The Applicant shall provide a financial surety to the Town which will cover the cost of the removal of any sign which is found to be abandoned or is in disrepair, as determined under Section 6.7.8.4. The Applicant shall deposit with the Town Accountant a surety in the amount of which shall be determined by the Board of Selectmen at the time of the application. Upon removal of the sign by the Town (if required), any remaining funds shall be returned to the Applicant.
Commercial I, II & III
Sign Type Allowed |
Permit Required |
Max. Sign Area |
Max. Height Ft. |
Front Setback |
Side Setback |
Max. Number |
Comment |
Off-Premise & Billboard Signage |
Y*
*Permitted by Special Permit |
672 SF per sign face - Not to exceed 14’x48’ per sign face |
40’ support structure |
NA |
NA |
See Section 6.7.8 |
See Section 6.7.8 for additional restrictions and guidelines |
Or to act in any other manner in relation thereto.
Board of Selectmen
Article 2. Voted that the Town of Stoneham amend Section 6.7 SIGNS of the Town of Stoneham Zoning By-Laws by amending or adding the following sections:
Section 6.7.5 Prohibited Signs:
(b) Off-premise signs and billboards, except for non-commercial signs and signage permitted pursuant to Sections 6.7.6 (e) and 6.7.8.
Section 6.7.6 Permitted Signs:
(e) Off-Premise and Billboard Signs are permitted by Special Permit in the Commercial 1 and Commercial 3 Zoning Districts, subject to the procedures and requirements in Section 6.7.8.
Section 6.7.8 Off-Premise and Billboard Sign – Procedures:
Section 6.7.8.1 Applications: Off-Premise and Billboard Signs shall be permitted in the Commercial 1 and Commercial 3 Zoning Districts only by grant of a Special Permit issued by the Board of Selectmen. Any person desiring a Special Permit under this section shall submit a Special Permit application to the Board of Selectmen together with a filing fee of $500.00 and ten (10) copies of the application materials as outlined below:
(a) Site Plan and area maps identifying the following features:
i. Location of any existing buildings, parking spaces and traffic circulation pattern on the subject parcel;
ii. Proximity of nearest residentially used and residentially zoned property utilizing current aerial photographs and Stoneham Assessors Maps;
iii. Specific location of proposed Off-Premise or Billboard Sign; and,
iv. Details of proposed buffer/landscaping area around signage including species and caliper of trees and/or shrubbery.
(b) Off-Premise or Billboard Sign details shall include the following information:
i. Detailed dimensions and area of any proposed single or multi-faced sign;
ii. Detail sheet of any proposed support structure specifying dimensions and construction type. Upon request by the Board of Selectmen or the Building Inspector, the Applicant shall provide a structural analysis of the support structure stamped by a licensed structural engineer; and,
iii. Lighting proposal, including cut sheets of all proposed lighting fixtures to be either attached to the sign, structure or affixed to the ground;
(c) Additional Requirements:
i. Authorization from the property owner (i.e., lease, etc.) granting permission to install proposed signage;
ii. Authorization, as necessary, from the Commonwealth of Massachusetts and/or the Federal Government; and,
iii. Any additional information as may be required by the Board of Selectmen to assist the Board in determining whether the application complies with the intent and requirements of this Section 6.7.8.
Section 6.7.8.2 Dimensional Restrictions and Design Guidelines: All signage proposals shall be designed in compliance with the following requirements:
1. Signage shall be permitted in the Commercial 1 and Commercial 3 Zoning Districts only, provided, however, that said signage shall be located no further than 50’ from any interstate layout;
2. Signage shall not have excessive lighting nor shall it have any mechanical or moving parts which would, in the opinion of the Board, have the effect of causing a hazard to motorists. This shall not preclude an applicant from proposing signage which allows for more than one advertisement to be displayed, such as a so-called “tri-vision” sign, at the discretion of the Board of Selectmen;
3. Signage shall not create a visual impediment or impact to any abutting or adjacent residentially zoned or used property;
4. No portable signs shall be permitted. All signage must be permanently affixed to a main support structure;
5. There shall be no more than one Off-Premises or Billboard Sign permitted for every 1500 linear feet of Commercial 1 and Commercial 3 frontage which directly abuts an interstate layout. This calculation shall be based on the current Zoning Map and such calculation shall be submitted by the Applicant to the Board of Selectmen as part of the application materials;
6. An Off-Premises or Billboard sign may be double sided. An individual sign or sign face shall not exceed 672 square feet in total area and shall not exceed 14 feet in height x 48 feet in width.
7. An Off-Premises or Billboard sign may be mounted on a pedestal or other support structure which may not exceed 40 feet in height. The height of such structure shall be calculated from the base of the support structure or sign, whichever is affixed to the ground (exclusive of structural footings), to the highest point of the support structure;
8. Signage lighting or other illumination related to the proposed sign shall not project, glare or negatively impact abutting properties and shall not shine onto abutting roadways;
9. The Applicant shall provide a 10’ wide landscaped buffer around the base of the support structure to minimize any visual impacts.
Section 6.7.8.3 Criteria for Approval: The Board of Selectmen shall not approve any applications for a Special Permit under Section 6.7.8 unless it finds that all of the following conditions are met or are incorporated into any Special Permit decision:
1. The specific site is an appropriate location for the proposed sign and the design and layout complies with the standards set forth in these procedures and requirements;
2. The proposed sign will not adversely affect the abutting neighborhood or have the effect of causing a hazard to motorists;
3. Any Special Permit decision shall require compliance with Section 6.7.7.2 “Certificate of Insurance”;
4. Any Special Permit decision shall require compliance with Section 6.7.7.3 “Location of sign; inclusion of permit number on sign”;
5. Any Special Permit decision shall require compliance with Section 6.7.7.5 “Maintenance; inspection”;
6. All permits are subject to any necessary approvals and conditions issued by the State of Massachusetts or Federal Government; and,
7. The Board of Selectmen, in granting the special permit, shall attach such additional conditions and safeguards as it deems necessary.
Section 6.7.8.4 Sign Maintenance: If a sign permitted under Section 6.7.8 is abandoned or is in disrepair for a period of ninety (90) days, it shall be cause for its removal. The Building Inspector shall notify the owner and/or manager of the sign and property owner in writing, specifying a forty-five (45) day period to remove or repair said sign otherwise upon expiration of the forty-five (45) day period the sign permit shall be revoked. If the sign has not been removed or repaired within the time period to the satisfaction of the Building Inspector, the Building Inspector shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the sign owner and/or property owner as determined by the Building Inspector.
If the Building Inspector determines that a sign is an immediate threat to public safety, irrespective of any stays granted to the sign and/or property owner, the Building Inspector may cause any sign, abandoned or not, and any portion of its support structure if deemed part of the public threat, to be immediately removed, and/or the threatened public area cordoned off. All expenses for protecting the public, including the removal of said sign or stabilization of the public safety threat, shall be borne by the sign owner and/or property owner as determined by the Building Inspector. A sign which is not abandoned may be returned to its original position, but only after repairs have been made and the public safety threat abated, to the satisfaction of the Building Inspector.
Section 6.7.8.5 Surety: The Applicant shall provide a financial surety to the Town which will cover the cost of the removal of any sign which is found to be abandoned or is in disrepair, as determined under Section 6.7.8.4. The Applicant shall deposit with the Town Accountant a surety in the amount of which shall be determined by the Board of Selectmen at the time of the application. Upon removal of the sign by the Town (if required), any remaining funds shall be returned to the Applicant.
Commercial I, II & III
Sign Type Allowed |
Permit Required |
Max. Sign Area |
Max. Height Ft. |
Front Setback |
Side Setback |
Max. Number |
Comment |
Off-Premise & Billboard Signage |
Y*
*Permitted by Special Permit |
672 SF per sign face - Not to exceed 14’x48’ per sign face |
40’ support structure |
NA |
NA |
See Section 6.7.8 |
See Section 6.7.8 for additional restrictions and guidelines |
Motion to Move the Question
Question is Moved
? Vote Required
Hand Count Taken
Yes No
80 81
Motion Fails
Motion for Reconsideration
Cannot Be Reconsidered
Article 3. To see if the Town of Stoneham will vote to amend the Zoning By-Laws of the Town of Stoneham by amending certain sections or by adding the following new sections:
4.8 COMMERCIAL DISTRICT I:
4.8.3.6 Senior Residential Overlay (SRO) District (See Section 4.16 Senior Residential Overlay (SRO) District for additional regulations and requirements)
4.16 SENIOR RESIDENTIAL OVERLAY (SRO) DISTRICT:
4.16.1 Purpose:
The purpose of the SRO District is to encourage the development of safe, independent senior housing within the Commercial 1 District in order to provide the following: a variety of housing options for a senior couple or individual who are Qualified Occupants who are/is capable of living independently; to create a style of housing which reflects the desires of a maturing population; to encourage social interaction through the utilization of an increased density of development; to provide access to existing commercial and retail amenities to minimize dependence on vehicles; and to provide links to transportation and recreational opportunities.
4.16.2 Uses within the SRO District are permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen
4.16.3 DEFINITIONS:
Qualified Project and Qualified Occupants:
Any application within the SRO District for the development of independent senior housing shall provide evidence of compliance with the requirements of MGL, Chapter 151B, Section 4, subsection 6, which permits the creation of age restricted housing subject to the units being owned or rented by at least one (1) person who is fifty-five (55) years of age or older or sixty-two (62) years of age or older on a property consisting of five (5) or more acres. The application shall also include a preliminary agreement or restrictive covenant which outlines how the units will be regulated to ensure compliance with these restrictions.
Independent Senior Housing:
A residential facility consisting of a multi-unit building or buildings, that provide accommodations for independent senior adults who are Qualified Occupants. These residences and associated structures may include common areas, a common dining facility, and space for social, psychological and/or educational programs. Home health care or other community based services may be used on an individual basis. There may be management and maintenance staff but there is no permanent on-site medical staff.
4.16.4 APPLICATION OF SRO DISTRICT REGULATIONS
a) Overlay District: This by-law is adopted as an overlay district for all qualifying properties within the Commercial 1 District and sets forth the design and dimensional standards that apply to all developments of an SRO District Project. These standards shall apply to any development proposing a new building or any redevelopment that will require the alteration of an existing building and parking area. All applications under this SRO District shall comply with Section 6.8 “Performance Standards” and Section 7.4 “Special Permit”, of the Zoning By-Laws.
b) Application Process: The Planning Board shall be the Special Permit Granting Authority and the Board of Selectmen shall be the Site Plan Granting Authority for developments proposed under Section 4.16 “Senior Residential Overlay (SRO) District”. Applicants shall comply with the procedures for Site Plan and Special Permit review as listed elsewhere in this by-law.
c) Waivers: The Planning Board may, as part of any Special Permit decision, modify or waive any dimensional requirement of the SRO District, unless otherwise noted, upon a finding that due to unique conditions effecting the property, project location, or other beneficial site designs, that the dimensional requirements of this section would unreasonably restrict the use of the property or would be detrimental to the orderly development of the area or would
create a better project. In granting such modifications or waivers, the Board may impose conditions it deems necessary to protect the public interest and to insure that the development will be consistent with the purpose of this section. The Planning Board may not waive the Minimum Lot Area requirement of 5 acres, unless such provision is modified under M.G.L., Chapter 151B, § 4.
d) Review by other agencies: Any Special Permit application submitted to the Planning Board or a Site Plan application submitted to the Board of Selectmen under Section 4.16 shall comply with all local review requirements and procedures for Special Permit and Site Plan review.
4.16.5 GENERAL REQUIREMENTS:
a) Design: The site layout shall utilize appropriate building placement and landscape design to reasonably protect project residents from excessive noise, lights and traffic, emanating from adjacent properties.
b) Infrastructure: The proposed site shall be served by municipal water and sewer services and shall comply with all utility design standards imposed by the Town Department of Public Works and Town Engineer.
4.16.6 SIGNAGE:
a) Developments constructed under the SRO District By-law shall comply with the signage requirements of the Commercial 1 District, as described within Section 6.7 “Signs and Illumination” contained elsewhere within this By-law.
4.16.7 DIMENSIONAL REQUIREMENTS AND ADDITIONAL REGULATIONS
a) Dimensional restrictions shall be consistent with the limitations specified for the Commercial 1 District, as described within Section 5.2.1 “Table One - Dimensional Requirements”, of this By-law, subject to the following requirements below and waiver provisions as detailed in Section 4.16.3 (c) of this By-Law.
b) Minimum Lot Size: 5 Acres (This dimensional requirement is not permitted to be reduced or waived by the Planning Board, subject to Section 4.16.3 (c) of this By-Law.)
c) Building Height: If some or all of the required parking spaces for the proposed dwelling units are enclosed within the structure of the building, the height requirement specified within Section 5.2.1 “Table One - Dimensional Requirements”, is permitted to be raised by ten (10) feet for that specific structure.
d) Multiple Structures: The SRO District allows for the construction of multiple structures on one lot in order to minimize sprawl and to encourage the creation of useable open space for residents. In all cases, the buildings shall maintain a minimum separation of thirty (30) feet and shall be subject to applicable Massachusetts State Building Code requirements. The building locations shall be designed to ensure that adequate emergency vehicle access is provided.
e) Connections: Buildings may be connected by a series of covered walkways, pursuant to applicable Massachusetts State Building Code requirements
f) Common Open Space: The development shall provide an area of useable common open space which will be accessible by residents of the development for passive recreational opportunities. Qualifying useable common open space shall mean (i) Existing vegetated areas which are left substantially in a natural state; (ii) areas improved by such landscaping as required in Section 6.5 and primarily designed and intended for passive recreational opportunities; or (iii) enclosed common space (i.e., clubhouse), which provides gathering areas, entertaining space or exercise facilities, available for use only by residents of the facility and their guests. Useable common open space shall not include a public or privately owned right-of-way, open parking
or service areas, or driveways.
g) Base Unit Density: Subject to the dimensional requirements and restrictions outlined within this By-law, the base number of units permitted within an SRO development shall be limited to 2 units per 2,000 square feet of total land area, inclusive of wetlands or other land areas regulated by the Conservation Commission.
h) Density Bonus: Notwithstanding the limitations set out above, the Planning Board may, at their discretion, authorize an increase in the permissible intensity of an SRO District development over the Base Unit Density, provided the applicant offers one or more of the following public benefits: (In no event shall the Density Bonus increase the Base Unit Density more than 10%)
1. Traffic or pedestrian improvements (such as, but not limited to, bike path connections, off-site sidewalks or pedestrian improvements; traffic mitigation).
2. Landscaped open space which adds unusual value or character to the community or provides enhanced protection to an environmentally sensitive area.
6.3 OFF-STREET PARKING REQUIREMENTS:
6.3.3 Minimum Number of Spaces by Use:
Use Requirement
1. Residential
e) SRO e) 2.1 spaces per dwelling unit, any space requirement in excess of 2.0 per dwelling unit shall not be assigned, conveyed or transferred and shall be clearly marked for visitor or guest parking.
Or to act in any other manner in relation thereto.
Mark T. Vaughan et al
35 Beacon Street
Article 3. Voted that the Town of Stoneham amend the Zoning By-Laws of the Town of Stoneham by amending certain sections or by adding the following new sections:
4.8 COMMERCIAL DISTRICT I:
4.8.3.6 Senior Residential Overlay (SRO) District (See Section 4.16 Senior Residential Overlay (SRO) District for additional regulations and requirements)
4.16 SENIOR RESIDENTIAL OVERLAY (SRO) DISTRICT:
4.16.1 Purpose:
The purpose of the SRO District is to encourage the development of safe, independent senior housing within the Commercial 1 District in order to provide the following: a variety of housing options for a senior couple or individual who are Qualified Occupants who are/is capable of living independently; to create a style of housing which reflects the desires of a maturing population; to encourage social interaction through the utilization of an increased density of development; to provide access to existing commercial and retail amenities to minimize dependence on vehicles; and to provide links to transportation and recreational opportunities.
4.16.2 Uses within the SRO District are permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen
4.16.2 DEFINITIONS:
Qualified Project and Qualified Occupants:
Any application within the SRO District for the development of independent senior housing shall provide evidence of compliance with the requirements of MGL, Chapter 151B, Section 4, subsection 6, which permits the creation of age restricted housing subject to the units being owned or rented by at least one (1) person who is fifty-five (55) years of age or older or sixty-two (62) years of age or older on a property consisting of five (5) or more acres. The application shall also include a preliminary agreement or restrictive covenant which outlines how the units will be regulated to ensure compliance with these restrictions.
Independent Senior Housing:
A residential facility consisting of a multi-unit building or buildings that provide accommodations for independent senior adults who are Qualified Occupants. These residences and associated structures may include common areas, a common dining facility, and space for social, psychological and/or educational programs. Home health care or other community based services may be used on an individual basis. There may be management and maintenance staff but there is no permanent on-site medical staff.
4.16.4 APPLICATION OF SRO DISTRICT REGULATIONS
a) Overlay District: This by-law is adopted as an overlay district for all qualifying properties within the Commercial 1 District and sets forth the design and dimensional standards that apply to all developments of an SRO District Project. These standards shall apply to any development proposing a new building or any redevelopment that will require the alteration of an existing building and parking area. All applications under this SRO District shall comply with Section 6.8 “Performance Standards” and Section 7.4 “Special Permit”, of the Zoning By-Laws.
b) Application Process: The Planning Board shall be the Special Permit Granting Authority and the Board of Selectmen shall be the Site Plan Granting Authority for developments proposed under Section 4.16 “Senior Residential Overlay (SRO) District”. Applicants shall comply with the procedures for Site Plan and Special Permit review as listed elsewhere in this by-law.
c) Waivers: The Planning Board may, as part of any Special Permit decision, modify or waive any dimensional requirement of the SRO District, unless otherwise noted, upon a finding that due to unique conditions effecting the property, project location, or other beneficial site designs, that the dimensional requirements of this section would unreasonably restrict the use of the property or would be detrimental to the orderly development of the area or would create a better project. In granting such modifications or waivers, the Board may impose conditions it deems necessary to protect the public interest and to insure that the development will be consistent with the purpose of this section. The Planning Board may not waive the Minimum Lot
Area requirement of 5 acres, unless such provision is modified under M.G.L., Chapter 151B, § 4.
d) Review by other agencies: Any Special Permit application submitted to the Planning Board or a Site Plan application submitted to the Board of Selectmen under Section 4.16 shall comply with all local review requirements and procedures for Special Permit and Site Plan review.
4.16.5 GENERAL REQUIREMENTS:
a) Design: The site layout shall utilize appropriate building placement and landscape design to reasonably protect project residents from excessive noise, lights and traffic, emanating from adjacent properties.
b) Infrastructure: The proposed site shall be served by municipal water and sewer services and shall comply with all utility design standards imposed by the Town Department of Public Works and Town Engineer.
4.16.6 SIGNAGE:
a) Developments constructed under the SRO District By-law shall comply with the signage requirements of the Commercial 1 District, as described within Section 6.7 “Signs and Illumination” contained elsewhere within this By-law.
4.16.7 DIMENSIONAL REQUIREMENTS AND ADDITIONAL REGULATIONS
a) Dimensional restrictions shall be consistent with the limitations specified for the Commercial 1 District, as described within Section 5.2.1 “Table One - Dimensional Requirements”, of this By-law, subject to the following requirements below and waiver provisions as detailed in Section 4.16.3 (c) of this By-Law.
b) Minimum Lot Size: 5 Acres (This dimensional requirement is not permitted to be reduced or waived by the Planning Board, subject to Section 4.16.3 (c) of this By-Law.)
c) Building Height: If some or all of the required parking spaces for the proposed dwelling units are enclosed within the structure of the building, the height requirement specified within Section 5.2.1 “Table One - Dimensional Requirements”, is permitted to be raised by ten (10) feet for that specific structure.
d) Multiple Structures: The SRO District allows for the construction of multiple structures on one lot in order to minimize sprawl and to encourage the creation of useable open space for residents. In all cases, the buildings shall maintain a minimum separation of thirty (30) feet and shall be subject to applicable Massachusetts State Building Code requirements. The building locations shall be designed to ensure that adequate emergency vehicle access is provided.
e) Connections: Buildings may be connected by a series of covered walkways, pursuant to applicable Massachusetts State Building Code requirements
f) Common Open Space: The development shall provide an area of useable common open space which will be accessible by residents of the development for passive recreational opportunities. Qualifying useable common open space shall mean (i) Existing vegetated areas which are left substantially in a natural state; (ii) areas improved by such landscaping as required in Section 6.5 and primarily designed and intended for passive recreational opportunities; or (iii) enclosed common space (i.e., clubhouse), which provides gathering areas, entertaining space or exercise facilities, available for use only by residents of the facility and their guests. Useable common open space shall not include a public or privately owned right-of-way, open parking
or service areas, or driveways.
g) Base Unit Density: Subject to the dimensional requirements and restrictions outlined within this By-law, the base number of units permitted within an SRO development shall be limited
to 2 units per 2,000 square feet of total land area, inclusive of wetlands or other land areas regulated by the Conservation Commission.
h) Density Bonus: Notwithstanding the limitations set out above, the Planning Board may, at their discretion, authorize an increase in the permissible intensity of an SRO District development over the Base Unit Density, provided the applicant offers one or more of the following public benefits: (In no event shall the Density Bonus increase the Base Unit Density more than 10%)
1. Traffic or pedestrian improvements (such as, but not limited to, bike path connections, off-site sidewalks or pedestrian improvements; traffic mitigation).
2. Landscaped open space which adds unusual value or character to the community or provides enhanced protection to an environmentally sensitive area.
6.3 OFF-STREET PARKING REQUIREMENTS:
6.3.3 Minimum Number of Spaces by Use:
Use Requirement
1. Residential
e) SRO e) 2.1 spaces per dwelling unit, any space requirement in excess of 2.0 per dwelling unit shall not be assigned, conveyed or transferred and shall be clearly marked for visitor or guest parking.
Or to act in any other manner in relation thereto.
Motion to Move the Question
Question is Moved
?Vote required
Passes per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
*Approved by the Attorney General’s Office December 15, 2005.
Article 4. To see if the Town will vote to petition the State Legislature for a special act authorizing the appointment of laid-off Stoneham police officers as special police officers in the Town of Stoneham, as follows:
AN ACT RELATIVE TO THE APPOINTMENT OF LAID OFF POLICE OFFICERS IN THE TOWN OF STONEHAM AS SPECIAL POLICE OFFICERS
SECTION 1. The administrator of the town of Stoneham may appoint, as the Administrator deems necessary, individuals who were Stoneham police officers within the prior twenty-four month period, but who were laid off as a result of budget cuts, as special police officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work. Said police officers must have been regular Stoneham police officers and shall not otherwise be retired from the Stoneham Police Department, and shall not be working as a police officer or in law enforcement for another municipality or other law enforcement entity. The special police officers shall be subject to the same maximum age restriction as
applied to regular police officers under chapter 32 of the General Laws. A special police officer must pass a medical examination, by a physician or other certified professional chosen by the town, to determine that he is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing police details.
SECTION 3. Special police officers shall, when performing the duties under section 1, have the same power to make arrests and perform other police functions as do regular police officers of the town of Stoneham.
SECTION 4. Special police officers shall be appointed for an indefinite term, subject to removal by the town administrator at any time with 14 days written notice. Upon request, the town administrator shall provide the reasons for removal in writing.
SECTION 5. Special police officers shall also be subject to the rules and regulations, policies and procedures and requirements of the town administrator and the chief of police of the town of Stoneham, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws.
SECTION 6. Special police officers shall be sworn before the town clerk of the town of Stoneham who shall keep a record of all such appointments.
SECTION 7. Special police officers appointed under this act shall be subject to section 100 and section 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details, or averaged over such lesser period of time for any officer designated as special police officers less than 52 weeks prior to the incapacity. Payment under said section 111F of
said chapter 41 shall terminate when a special police officer reaches the age of 65. In the event the age limitation applicable to regular police officers serving a town is increased from the current 65 years of age, the termination of benefits under said section 111F of said chapter 41, as provided herein to special police officers, shall terminate at such a higher age limit, but in no event shall the benefits extend beyond the age of 70 for any special police officer. Special police officers appointed under this act shall not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
SECTION 8. Special police officers shall not be eligible for group insurance, including health insurance, pursuant to Chapter 32B, however nothing in this Act shall prevent or diminish any rights or privileges the laid off police officer might otherwise have, pursuant to applicable law, with respect to insurance benefits as a result of having been a regular police officer or having been laid off.
SECTION 9. The Town Administrator may require that Special Police Officers appointed pursuant to this Act obtain, at the Special Police Officer’s cost, disability insurance which would be effective in the event a Special Police Officer was injured in the performance of their duties. If such disability insurance is required by the Town, the minimum requirements of such disability insurance policies, including matters of types of coverage, minimum amounts, waiting periods and deductibles, shall be established by the Town Administrator.
SECTION 10. Special police officers appointed under this Act shall not be eligible for any retirement benefits pursuant to chapter 32, including section 85H of chapter 32 in connection with their employment as a special police officer. Additionally, special police officers appointed pursuant hereto shall not be deemed active members in the Town’s retirement system, nor shall any compensation paid such special police officers pursuant hereto, whether as regular compensation or pursuant to Section 111(F) of chapter 41, be deemed to be or otherwise qualify as “regular compensation” as defined in section 1 of Chapter 32. Nothing in this Act shall diminish the right(s) the laid off officer may have pursuant to Chapter 32 as a result of having been a
regular Stoneham police officer and laid off.
SECTION 11. Appointment as a special police officer shall not entitle any individual appointed as such to assignment to any detail.
SECTION 12. Special police officers pursuant to this Act shall not work for more than nine hundred sixty (960) hours in any calendar year.
SECTION 13. This act shall take effect upon its passage.
Or do anything in relation thereto.
Board of Selectmen
Gregory M. O’Keefe
Chief of Police
Article 4. Voted that the Town petition the State Legislature for a special act authorizing the appointment of laid-off Stoneham police officers as special police officers in the Town of Stoneham, as follows:
AN ACT RELATIVE TO THE APPOINTMENT OF LAID OFF POLICE OFFICERS IN THE TOWN OF STONEHAM AS SPECIAL POLICE OFFICERS
SECTION 1. The administrator of the town of Stoneham may appoint, as the Administrator deems necessary, individuals who were Stoneham police officers within the prior twenty-four month period, but who were laid off as a result of budget cuts, as special police officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work. Said police officers must have been regular Stoneham police officers and shall not otherwise be retired from the Stoneham Police Department, and shall not be working as a police officer or in law enforcement for another municipality or other law enforcement entity. The special police officers shall be subject to the same maximum age restriction as
applied to regular police officers under chapter 32 of the General Laws. A special police officer must pass a medical examination, by a physician or other certified professional chosen by the town, to determine that he is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing police details.
SECTION 3. Special police officers shall, when performing the duties under section 1, have the same power to make arrests and perform other police functions as do regular police officers of the town of Stoneham.
SECTION 4. Special police officers shall be appointed for an indefinite term, subject to removal by the town administrator at any time with 14 days written notice. Upon request, the town administrator shall provide the reasons for removal in writing.
SECTION 5. Special police officers shall also be subject to the rules and regulations, policies and procedures and requirements of the town administrator and the chief of police of the town of Stoneham, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws.
SECTION 6. Special police officers shall be sworn before the town clerk of the town of Stoneham who shall keep a record of all such appointments.
SECTION 7. Special police officers appointed under this act shall be subject to section 100 and section 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details, or averaged over such lesser period of time for any officer designated as special police officers less than 52 weeks prior to the incapacity. Payment under said section 111F of
said chapter 41 shall terminate when a special police officer reaches the age of 65. In the event the age limitation applicable to regular police officers serving a town is increased from the current 65 years of age, the termination of benefits under said section 111F of said chapter 41, as provided herein to special police officers, shall terminate at such a higher age limit, but in no event shall the benefits extend beyond the age of 70 for any special police officer. Special police officers appointed under this act shall not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
SECTION 8. Special police officers shall not be eligible for group insurance, including health insurance, pursuant to Chapter 32B, however nothing in this Act shall prevent or diminish any rights or privileges the laid off police officer might otherwise have, pursuant to applicable law, with respect to insurance benefits as a result of having been a regular police officer or having been laid off.
SECTION 9. The Town Administrator may require that Special Police Officers appointed pursuant to this Act obtain, at the Special Police Officer’s cost, disability insurance which would be effective in the event a Special Police Officer was injured in the performance of their duties. If such disability insurance is required by the Town, the minimum requirements of such disability insurance policies, including matters of types of coverage, minimum amounts, waiting periods and deductibles, shall be established by the Town Administrator.
SECTION 10. Special police officers appointed under this Act shall not be eligible for any retirement benefits pursuant to chapter 32, including section 85H of chapter 32 in connection with their employment as a special police officer. Additionally, special police officers appointed pursuant hereto shall not be deemed active members in the Town’s retirement system, nor shall any compensation paid such special police officers pursuant hereto, whether as regular compensation or pursuant to Section 111(F) of chapter 41, be deemed to be or otherwise qualify as “regular compensation” as defined in section 1 of Chapter 32. Nothing in this Act shall diminish the right(s) the laid off officer may have pursuant to Chapter 32 as a result of having been a
regular Stoneham police officer and laid off.
SECTION 11. Appointment as a special police officer shall not entitle any individual appointed as such to assignment to any detail.
SECTION 12. Special police officers pursuant to this Act shall not work for more than nine hundred sixty (960) hours in any calendar year.
SECTION 13. This act shall take effect upon its passage.
Majority Vote Required
Passes Unanimous
*Sent to Representatives Paul Casey, Patrick Natale and Senator Richard Tisei on October 26, 2005
Article 5. To see if the Town will vote to petition the State Legislature to amend Chapter 160 of the Acts of 2002 entitled “An Act Relative To The Appointment Of Retired Police Officers In The Town Of Stoneham” by adding the word “not” to Section 8 of said Chapter 160 so that said Section 8 reads as follows: “Appointment as a special police officer shall not entitle any individual appointed as such to assignment to any detail.”
Or do anything in relation thereto.
Town Administrator
Article 5. Voted that the Town petition the State Legislature to amend Chapter 160 of the Acts of 2002 entitled “An Act Relative To The Appointment Of Retired Police Officers In The Town Of Stoneham” by adding the word “not” to Section 8 of said Chapter 160 so that said Section 8 reads as follows: “Appointment as a special police officer shall not entitle any individual appointed as such to assignment to any detail.”
Passes Unanimous
*Sent to Representatives Paul Casey, Patrick Natale and Senator Richard Tisei on October 26, 2005
Article 6. To see if the Town will vote to petition the State Legislature for a special act providing that a member of the Board of Selectmen of the Town of Stoneham, as designated from time to time by said Board of Selectmen, shall participate and vote as a member of the School Committee of the Town of Stoneham for purposes of collective bargaining. Said special act to read as follows:
Notwithstanding any general or special law, a member of the Board of Selectmen of the Town of Stoneham, as designated from time to time by the Board of Selectmen of the Town of Stoneham, shall participate and vote as a member of the Stoneham School Committee for purposes of collective bargaining. Nothing herein shall effect or interfere with the right of the town administrator of the Town of Stoneham to participate and vote as a member of the Stoneham School Committee pursuant to section 1 of chapter 150E of the General Laws.
Or do anything in relation thereto.
Board of Selectmen
Article 6. Voted that the Town petition the State Legislature for a special act providing that a member of the Board of Selectmen of the Town of Stoneham, as designated from time to time by said Board of Selectmen, shall participate and vote as a member of the School Committee of the Town of Stoneham for purposes of collective bargaining. Said special act to read as follows:
Notwithstanding any general or special law, a member of the Board of Selectmen of the Town of Stoneham, as designated from time to time by the Board of Selectmen of the Town of Stoneham, shall participate and vote as a member of the Stoneham School Committee for purposes of collective bargaining. Nothing herein shall effect or interfere with the right of the town administrator of the Town of Stoneham to participate and vote as a member of the Stoneham School Committee pursuant to section 1 of chapter 150E of the General Laws.
Amendment made by Gilbert Feke 25 Oak Street as follows:
To see if the Town will vote to allow a member of the Board of Selectmen of the Town of Stoneham to participate with but not vote with the School Committee of the Town of Stoneham for purposes of collective bargaining.
Motion to Move the Question
Question is Moved
Vote on the Motion as Amended
Amendment Fails
Vote on the Main Motion
Motion Fails
Motion for Reconsideration
Cannot Be Reconsidered
Article 7. Proposed change to Bylaw Sec. 9-15. Closing of retail establishments.
Existing Bylaw states: All retail business establishments of any kind, nature or description, including, but not limited to convenience stores, supermarkets and department stores, but excluding the restaurants and gasoline selling stations for the retail distribution of petroleum products only, in town shall be closed to the public between the hours of 12:00 A.M. and 6:00 A.M. each day. (8-14-89, Art. 2)
Petition to change Bylaw Sec. 9-15: To allow Retail Pharmacies to be open 24 hours to better serve the health needs of the residents of Stoneham. Petition originated by CVS/Pharmacy in Stoneham. The following signatures are from residents of Stoneham who agree with the bylaw change to allow Retail Pharmacies to be open 24 hours.
Prabhakar Naidu et al 3 Stonehill Drive
Article 7. Voted that the subject matter of Article 7 be indefinitely postponed.
Passes
Indefinitely Postponed
Article 8. To see if the Town will vote to amend the amount to be raised and appropriated under Article No. 23 of the May 2, 2005 Annual Town Meeting and adjust the Fiscal Year 2006 departmental budgets and funding sources (as described in Exhibit A), or do anything in relation thereto.
Board of Selectmen
Article 8. Voted that the Town amend the amount to be raised and appropriated under Article No. 23 of the May 2, 2005 Annual Town Meeting and adjust the Fiscal Year 2006 departmental budgets and funding sources (as described in Exhibit A).
Passes Unanimous
Exhibit A
Adjust the following budgets:
Dept.# |
Department |
Salaries |
Operating |
Total |
|
132 |
Finance Board Reserve Fund |
|
(2,476.00) |
($2,476.00) |
Leaves a balance of $50,000 |
135 |
Town Accountant |
(46,000.00) |
20,000.00 |
($26,000.00) |
Savings from vacant Asst. Town Acct. position |
|
|
|
|
|
Used to hire CPA Firm to assist in reconciliations |
182 |
Planning Board/Board of Appeals |
5,000.00 |
|
$5,000.00 |
Increased workload from Langwood project |
241 |
Building Department |
|
15,000.00 |
$15,000.00 |
Hired temp to fill in for employee on sick leave |
399 |
Vocational School |
|
$48,224.00 |
$48,224.00 |
FY06 Increase not funded at 5/2/05 ATM |
510 |
Board of Health |
|
$1,000.00 |
$1,000.00 |
Increase Car Allowance due to higher gas prices |
541 |
Council on Aging |
$5,000.00 |
|
$5,000.00 |
Fund backup van driver |
918 |
Capital |
|
$48,030.00 |
$48,030.00 |
Town and School Emergency Repairs |
|
Total Increases |
($36,000.00) |
$129,778.00 |
$93,778.00 |
|
Said sum in the amount of $93,778 to be raised from revenue of the current year.
Article 9. To see if the Town will vote to transfer from Surplus Revenue, a sum of money to the Stabilization Fund, or do anything in relation thereto.
Board of Selectmen
Article 9. Voted that the Town transfer from $640,872 from Surplus Revenue to the Stabilization Fund.
? Vote Required Passes
Unanimous
Article 10. To see if the Town will vote to appropriate the sum of One Hundred Five Thousand Dollars ($105,000) to purchase three police cruisers; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Five Thousand Dollars ($105,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote, or do anything in relation thereto.
Board of Selectmen
Article 10. Voted that the Town appropriate the sum of One Hundred Five Thousand Dollars ($105,000) to purchase three police cruisers; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Five Thousand Dollars ($105,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required Passes Per Moderator
Article 11. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow, the sum of One Hundred Fifty Thousand Dollars ($150,000) for the construction, reconstruction, or repair of sidewalks, or do anything in relation thereto.
Board of Selectmen
Article 11. Voted that the Town appropriate the sum of One Hundred Fifty Thousand Dollars ($150,000) for the construction, reconstruction, or repair of sidewalks; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Fifty Thousand Dollars ($150,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required Passes Per Moderator
Article 12. To se if the Town will vote to raise and appropriate or transfer from available funds, or borrow, a sum of money to fund costs associated with the replacement of the wood decking on the High School bleachers, and other necessary repairs within the High School athletic field complex.
Or do anything in relation thereto.
School Committee
Article 12. Voted that the Town appropriate the sum of $125,000 to fund costs associated with the replacement of the wood decking on the High School bleachers, and other necessary repairs within the High School athletic field complex; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Twenty–five Thousand Dollars ($125,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required Passes per Moderator
Motion to Dissolve Meeting Dissolved at 11:03PM
John J. Hanright, CMC
Town Clerk
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