Planning Board meeting & Public Hearing

Town of Princeton, Mass.     --     Remote Participation on GoToMeeting hosted by M. Auger

PLANNING BOARD   Public Hearings & Meeting Minutes

--– March 3, 2021      7:30 PM

Present were:  Chair John Mirick, Tom Sullivan  Ian Catlow, Rud Mason Ann Neuburg and alternate Corey Burnham-Howard. Lisa Drexhage (alternate) was absent. Also present were Advisory Committee Chair Wayne Adams and ZBA members Lar Greene Jr. and Bill Lawton

7:30 PM  Opened meeting. Board voted all in favor to approve minutes of February 17, 2021.

7:35 PM  The chairman opened the public hearing for proposed amendments to Princeton Zoning Bylaws and read the public hearing notice as published. There are three proposed amendments and John chose to address the two brief ones first, starting with an amendment to paragraph 1(B) in SECTION VI, AREA, YARD. AND HEIGHT REGULATIONS by changing the reference to a minimum area for a building or structure dedicated to municipal use from five (5) acres to two (2) acres. There were no comments.

John went on to section VII, 1. which would be amended by adding the following sentence: “There shall be only one principal use or building on a lot and such accessory uses or buildings as are specifically enumerated in these By-Laws or as are necessarily or customarily incidental and subordinate to the principal use or building.” He explained the reasoning for this action as stemming from a home-based landscape business on Wheeler Road, in an area zoned “Industrial” where the homeowner had expanded his business beyond the limits of a home occupation. The lot then had two, simultaneous, principal uses which had not been allowed for prior cases in town. The homeowner’s attorney discovered that the text in the bylaw did not actually prohibit dual principal uses on one lot. If this article is passed, only one principal use will be allowed on a building lot.

There was some discussion both for and against the amendment. Rud noted that he had voted against the proposed provision at the Feb. 17 Planning Board meeting and explained how limited business use zoning is in town, and that some businesses have subsequently left. Ian C. pointed out the over-arching goal of town residents as maintaining a rural and residential character. He added that he’d love to see more businesses but wasn’t sure if this amendment would make much difference.

The chair went on to explain new wording proposed for section VII, 2. “Non-conforming Structures, Building Lots & Uses” These amendments state that new construction or expansion of a pre-existing (non-conforming) structure only needs a building permit if it conforms to current setback requirements—otherwise a Special Permit from ZBA would be needed. A second provision would protect undersized lots and grandfathered setback requirements so only a building permit would be required. A third provision addressed prior uses (existing before zoning) which remain legal but would require a Special Permit with a site plan if there were a change of use. This includes a use that’s been abandoned for two-years or more, after which any non-conforming use would require a special permit.

The wording in section VII, 2. has been interpreted differently over the years by the town’s building inspectors and the intent is to eliminate possible confusion. There was also discussion and clarification about the decision-making role of the building inspector who can make a “finding” about the neighborhood impact in non-conforming situations.

Corey B. noted that the time limit in VII, 2. (C) should conform to the state’s Ch. 40A, Sect. 6 and an amendment should be added to change the “six months” to “12” as follows: “A zoning ordinance or by-law shall provide that construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than 12 months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.”

The Planning Board had no further comments or questions, and the chair asked for questions or comments from anyone else. There was no more discussion. The chair said that following tonight’s hearing the board will consider all comments.

8:10 PM  The board voted all in favor to close the public hearing.

It was noted that the Town Caucus will be Tuesday, March 16 at 7 PM at T.P. School. Tom S. is not running for another three-year term, and the three-year term for Rud M. is up. Although Rud had offered to step down if alternates Corey B. or Lisa D. wanted to fill the seat, Corey declined. John M. urged all present to attend the caucus as a quorum is required.

8:20 PM. Adjourned

Respectfully submitted:   Marie Auger, land use coordinator

Referenced Documents:     draft of proposed Zoning Amendments for 2021 ATM