Proposed Zoning Bylaw Amendments

Zoning Bylaw Amendments for ATM - May 1, 2023 

Public Hearing #1: January 9, 2023 - Presentation - summary of zoning changes with examples

Public Hearing #2: February 6, 2023 

posted: 11/30/22 

LEGAL NOTICE

Download PDF of Legal Notice HERE

 

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 7:35 p.m. on Monday, January 9, 2022, via ZOOM, for the purpose of accepting public comments on the following proposed amendments to the Town of Medfield Zoning Bylaws:

 

Item 1: Article ##: To see if the Town will vote to amend the Town of Medfield Zoning Bylaw by: (1) Reorganization of the Zoning Bylaw (per “crosswalk” chart below); (2) making certain minor substantive changes to help effectuate the goals of the Bylaw Reorganization; (3) making nonsubstantive, ministerial amendments to the Zoning Bylaw providing for consistency with the General Laws and internally with regard to spelling, capitalization, citation of numbers and General Laws references; and further, to vote to amend the Town of Medfield Zoning Bylaw current Article 19: Solar Photovoltaic Facilities Overlay District (PVOD), 300-19.4 Solar Photovoltaic Overlay District and Table 19.5 and proposed Section 10.4.3 and Table 10.4.5 by adding the Medfield State Hospital Zoning District to the list of allowable zoning districts for certain ground-mounted, canopy, and rooftop solar energy systems.

 

List of specific changes: 

  • Reorganization per crosswalk (below)
  • Section references and cross-references were updated
  • Blue italics in text indicate former bylaw citation as a marker for the reader during this amendment process but will be deleted from the new version
  • Definitions Section: italics to be incorporated into definition for context as needed
  • Duplicate definitions for “Applicants” and “Application” and “As of Right” and “By-Right” were relocated from different individual sections so they were merged/massaged to have just one definition
  • Changed “Penn Central RR” to “MA Department of Transportation” in 8.5.2.A
  • Changed title from “Floodplain Definition” to “Floodplain Boundary” in 10.1.2
  • New substantive change: Added MSHD to Section 10.4.3 and Table 10.4.5 for various solar energy systems

 

all as set forth in a document entitled “Medfield Zoning Bylaw Reorganization V3-11/21/22” on file in the offices of the Town Clerk and Town Planner, and also  available on the Town’s website at http://www.town.medfield.net, and to authorize the Town Clerk to renumber or take any other action necessary to format this new bylaw to fit within the reorganization of the Town's existing bylaws if approved by this Town meeting, or do or act anything in relation thereto.

 

Proposed Zoning Bylaw

Existing Zoning Bylaw

Draft V3 11/21/22

https://ecode360.com/27374011 

New Section

New Title

Existing Section

Existing Title

Art. 1

PURPOSE AND AUTHORITY

1

SCOPE

 

 

1-1

Title

1.1

Purpose

1-2

Authority

1.2

Authority

1-3

Purpose

1.3

Applicability

4.1
 4.2

Interpretation and Application Applicability

1.4

Amendments

15.1

Amendment

1.5

Severability

15.2

Validity

 

 

15.3

Effective date [not needed]

New Section

New Title

Existing Section

Existing Title

2

DEFINITIONS

2

DEFINITIONS

New Section

New Title

Existing Section

Existing Title

3

DISTRICTS

3

ESTABLISHMENT OF DISTRICTS

3.1

Establishment of Districts

3-1

Division into districts

3.2

Zoning Map

3-2

Zoning Map

3.3

Interpretation of Zoning Map

3-3

Boundaries of districts

New Section

New Title

Existing Section

Existing Title

4

USE REGULATIONS

5

USE REGULATIONS

4.1

General Provisions

5.1

Applicability

4.2

Table of Uses

5.2
 5.4

Permitted uses
 Table of Use Regulations

4.3

Supplemental Use Regulations

5.3

Uses subject to other regulations

4.4

Accessory Uses

5.5

Agricultural District

New Section

New Title

Existing Section

Existing Title

5

DIMENSIONAL REGULATIONS

6

AREA, HEIGHT, AND BULK REGULATIONS

5.1

General Provisions

6.1

Applicability

5.2

Table of Dimensional Regulations

6.2

Table of Area Regulations
 Table of Height and Bulk Regulations

5.3

Supplemental Dimensional Regulations

6.2
 6.3

Area regulations
 Height and bulk regulations

New Section

New Title

Existing Section

Existing Title

6

NONCONFORMING USES, STRUCTURES, AND LOTS

9

Nonconforming Uses, Structures and Lots

6.1

General Provisions

9.1

Application of nonconformity

6.2

Nonconforming Uses

9.2
 9.4

Extension or alteration Change

6.3

Nonconforming Structures

9.7
 9.8

Moving
 Unsafe structures

6.4

Nonconforming Lots

9.3

Reduction or increase

6.5

Restoration; Abandonment or Non-Use

9.5
 9.6

Restoration Abandonment

New Section

New Title

Existing Section

Existing Title

7

GENERAL REGULATIONS

 

 

7.1

Off-Street Parking

Art. 8

Off-Street Parking and Loading Regulations

7.2

Signs

Art. 13

Sign Bylaw

New Section

New Title

Existing Section

Existing Title

8

SPECIAL REGULATIONS

 

 

8.1

Open Space Residential Zoning

7

Open Space Residential Zoning

 

 

 

 

8.2

Inclusionary Zoning

14.6

Inclusionary Zoning Bylaw

8.2

Historic Properties

5.6

Historic Properties

8.3

Earth Removal

12

Rules and Regulations Governing Earth Removal Uses

8.4

Personal Wireless Communications Facilities

17

Personal Wireless Communications Facilities

8.5

Adult Uses

18

Adult Uses

New Section

New Title

Existing Section

Existing Title

9

SPECIAL DISTRICT REGUATIONS

 

 

9.1

Agricultural District

5.6

Agricultural District

9.2

Medfield State Hospital District

20

Medfield State Hospital District

New Section

New Title

Existing Section

Existing Title

10

OVERLAY DISTRICTS

 

 

10.1

Floodplain District

10

Floodplain District

10.2

Watershed Protection District

11

Watershed Protection District

10.3

Aquifer Protection District

16

Aquifer Protection District

10.4

Large-Scale Solar Photovoltaic Facilities Overlay District

19

Large-Scale Solar Photovoltaic Facilities Overlay District

New Section

New Title

Existing Section

Existing Title

11

ADMINISTRATION AND ENFORCEMENT

14

ADMINISTRATION AND ENFORCEMENT

11.1

Enforcement

14.1
 14.7
 14.8

Building     Inspector  and/or  Zoning     Enforcement Officer
 Violations and penalties Prosecution of violations

11.2

Compliance

14.2
 14.4
 14.4
 14.5

Permits required
 Previously approved permits Certificate of use and occupancy Permit and certificate fees

11.3

Board of Appeals

14.9

Board of Appeals

 

 

14.10

Special permits by Board of Appeals

 

 

14.11

Variances

11.4

Planning Board

1.4

Planning Board

 

 

14.13

Appeal periods

11.5

Special Permits

14.10
 14.15
 14.14
 14.6

Special permits by Board of Appeals Special permits by Planning Board Duty to supply plans and specifications Special permit time limits

11.6

Site Plan Approval

14.12

Site plan approval by Planning Board

11.7

Appeals

14.13

Appeal periods

 

 

Summary: This article seeks voter approval of first step in a phased approach to modernizing the Town’s Zoning Bylaws, the need for which was identified during the 2019-2021 master planning process and the Planning Board’s recent “Zoning Diagnostic” study. A Zoning Bylaw is used by a wide range of people, including but not limited to town officials, board and committee members, homeowner applicants, and developers (and their representatives). The ability for people to find the zoning bylaw is essential. The ability to understand and utilize a zoning bylaw is more nuanced. However, this can be made easier when it is organized in a logical order and format. It is also important to note that people (town officials, board members, and applicants) must read, interpret, and “apply” the Zoning Bylaw based on past practice, state law, and based on specific proposals. The need to update and advance the Zoning Bylaw overtime can be challenging, but is critical to support neighborhoods, provide economic growth, and to make the town more business friendly.

While a Zoning Bylaw is not typically read like a novel, the readability of a zoning bylaw is important to ensure that potential applicants, board and committee members, and town officials can be sure that all the regulations are applied consistently and accurately. A Zoning Bylaw should anticipate and clearly articulate requirements for a wide range of normal uses and those that require more scrutiny. A well-crafted Zoning Bylaw can reduce the need to “interpret” regulations, which can often lead to confusion, when it includes accurate definitions, clear requirements, and is applied consistently. Finally, a Zoning Bylaw should evolve and change to meet and support broader goals of the community overtime. Two-thirds vote required

 

*This meeting will be held remotely on ZOOM. Instructions to view or listen to the meeting are included on the meeting agenda on the Town’s website. All town boards and other interested parties wishing to be heard should appear at the time and place designated. There will be an explicit time during the hearing for public comments. Interested parties are urged to reach out to Town Planner Sarah Raposa at sraposa@medfield.net (508) 906-3027 with any questions, comments, or concerns about access to the materials, attending the virtual meeting, or other related matters. The full proposals may be viewed on the Planning Board’s webpage on the Town’s website at www.town.medfield.net

 

PAUL MCKECHNIE, CHAIR

                                                                        MEDFIELD PLANNING BOARD

Hometown Weekly: 

  • December 22, 2022
  • December 29, 2022

2x9 Town of Medfield - ATM-2023 12-22-22

Floodplain Zoning Draft 09/19/22 - delay to 2024

9/19/22 - Zoning Bylaw Reorganization

11/7/22 - Zoning Bylaw Reorganization (based on Zoning Diagnostic)


_________________________________________________________________________________________________________


Zoning Bylaw Amendments for STM - June 2022 re Medfield State Hospital (TBD)

posted 05/20/22: LINK TO DOCUMENT

Item 1: Article ## To see if the Town will vote to amend the Medfield Town Code Article 300-20 Zoning “Medfield State Hospital District” by revising the following sections as follows:

 

  • § 300-20.3B.(1)(d) North Field is a rolling field to be maintained as passive open space, and possible agricultural use; and the reuse of existing Building 13 with ancillary parking, infrastructure, and landscaping within the buildable portion as delineated on the MSHD Map.

 

  • § 300-20.5 Permitted uses.

Table 1

Permitted Uses in MSHD

Use

MSH North


A. The Green

B. Cottage/ Arboretum

C. Core Campus

D. North Field

E. West Slope

F. Water Tower

Table 1

RESIDENTIAL USES







Multi-family dwellings

NO

NO

YES

NO 

NO, except, redevelopment of Building 13 within the buildable portion as delineated on the MSHD Map and related parking.

YES

NO

 

  • § 300-20.13 Design guidelines.

Table 3

Design Guidelines for MSHD and Dimensional Requirements

Sub-Zone/Area

Footprint

Frontage

Height

North Field

New construction of structures that support public recreation and arts use allowed through special permit. Structures must not impact the viewshed or night sky. The portion of the North Field area that may have new construction with a special permit may not exceed 360 feet north of the center line of North Street. Existing Building 13 may be redeveloped/rehabilitated for multi-family residential; limited to existing building footprints, plus the area of previous porches, plus ancillary parking, infrastructure, and landscaping.

Structures must be sited so as not to impact the viewshed.


 

HOMETOWN WEEKLY:

  • Thursday, May 19, 2022
  • Thursday, May 26, 2022

------

Zoning Bylaw Amendments for ATM 2022 (May 2, 2022)

Zoning Bylaw Amendments for ATM 2022

posted 11/30/21: LINK TO DOCUMENT

Final Language as of March 7, 2022

Revised Language as of February 8, 2022

Public Hearing #1: January 10, 2022

Public Hearing #2: February 7, 2022

Item 1: Article ##: To see if the Town will vote to amend the Medfield Town Code Chapter 300 Zoning Attachment 1 Table of Use Regulations, by adding the new section in bold as follows:

  

Use

A

RE

RT

RS

RU

B

BI

IE

2

Public, Semi-Public/Institutional

PROPOSED

2.2.a

Public or nonprofit food & necessities distribution center

rev 2/7/22:

Community facility for the distribution of food and necessities

SPPB

SPPB

SPPB

SPPB

SPPB

PB

PB

PB

 

Item 2: Article ##: To see if the Town of Medfield will vote to amend the Town of Medfield Zoning Map, adopted pursuant to Medfield Town Code Chapter 300, Zoning, Section 3.2, by: 1.) locating new Well 3A and adding the 2,000 linear foot dimension as defined by Medfield Zoning Bylaw Article 16.2 definition of Well Protection District and 400’ public well or wellpoint no construction radius per § 300-16.5; and 2.) fixing a display error so that the boundary of the Well Protection District coincides with the 2,000 linear foot dimension as defined by Medfield Zoning Bylaw Article 16.2 definition of Well Protection District.  

Existing Zoning Map: LINK

Proposed Zoning Map: LINK

PB review 11/01/21


Zoning Bylaw Amendments for ATM 2021 (May 3, 2021)

03/02/21 - Proposed Zoning Bylaw Amendments for ATM 2021 as voted out by the Planning Board on March 1, 2021 - FULL TEXT (final)

03/01/21 - Finalize language for proposed zoning bylaw amendments: No edits to items 1-5 and Item 6: PVOD revisions for 03/01/21

02/22/21 - PVOD Working Draft for Review (Redlined Text)

01/20/21 - Documents relating to PVOD    Intro to Solar Zoning Guidance Document (MAPC, Jan 21)

01/06/21 - Proposed Zoning Bylaw Amendments for ATM 2021 - FULL TEXT

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 7:35 p.m. on Monday, February 1, 2021, via ZOOM, for the purpose of accepting public comments on the following proposed amendments to the Town of Medfield Zoning By-laws:

  • Item 1:  Proposed Rezone of 37 Janes Avenue 
  • Item 2: Article ##: Adult-Only Retail Tobacco Store
  • Item 3: Article ##:  Food Trucks / Mobile Food Vendors
  • Item 4: Article ##: Encroachment Of Decks, Porches, Etc., Into The Required Setback
  • Item 5: Article ##: Permitting for Accessory Structures (i.e. Sheds) Under 200 sf
  • Item 6: Article ##:  Solar Photovoltaic Facilities Overlay District (PVOD)

01/04/21 -  Medfield Solar Bylaw & Amendments to Section 300-19 (PVOD)

01/04/21 - Carry-over amendments from ATM 2020 (dropped from warrant due to COVID-19)

12/7/20 - Draft Solar Photovoltaic Amendments from MAPC

Citizen Petition for Zoning Bylaw Amendment for ATM 2020  - LINK

Citizens Petition re MSHD parking for ALF 02-18-20 (PDF)

Coen - Letter to Planning Board to support amendment (PDF)

McCabe - Memo: Review Zoning Proposal 04-03-20 (PDF)

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 8:05 p.m. on Monday, April 6, 2020, at the Medfield Town House, 459 Main Street, for the purpose of accepting public comments on the following proposed amendment submitted by Citizen Petition to the Town of Medfield Zoning By-laws:

Citizen Petition Submitted 2/18/20: To see if Town will vote to amend Chapter 300 Article 20 of Town Code of Medfield as follows: Amend Table 2 in Article 300-20 "Medfield State Hospital District" to adjust the minimum parking requirement for Assisted Living Facilities from 0.41 to 0.82 spaces per unit.

All interested persons should attend the public hearing. A copy of the entire proposal is on file with the Town Clerk and Planning Department, and may be inspected during regular business hours. 

SARAH T. LEMKE, CHAIR

MEDFIELD PLANNING BOARD

THE PRESS

March 20, 2020

March 27, 2020

-----

Revised Proposed Zoning Bylaw Amendments for ATM 2020

At their duly posted meeting on February 3, 2020, the Planning Board unanimously voted to recommend the following zoning bylaw amendments for inclusion in the 2019 Annual Town Meeting warrant. The draft articles were discussed throughout the spring and summer of 2019, published twice in in the The Press, and public hearings were held on January 6, 2020 and February 3, 2020, as required by MGL ch 40A §5. 

LINK

-----

Planning Board Public Hearing #2 - February 3, 2020 8 pm at Town Hall

LINK

----

Proposed Zoning Bylaw Amendments for ATM 2020

Public Hearing Notice for 1/6/20 Planning Board meeting: HERE 

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 8:05 p.m. on Monday, January 6, 2020, at the Medfield Town House, 459 Main Street, for the purpose of accepting public comments on the following proposed amendments to the Town of Medfield Zoning By-laws:

Item 1: To see if the Town of Medfield will vote to rezone parcel ID 43-030, 37 Janes Avenue from Business-Industrial (BI) to Business (B) as shown on the map titled “Proposed Rezone of 37 Janes Avenue” dated 6/3/19 which is on file with the Town Clerk and Planning Department; and to amend the Zoning Map accordingly. This amendment rezones one residential use parcel located in the BI zoning district to the B zoning district. The property is contiguous with B zoning. B zoning provides for the ability to apply for a special permit from the ZBA for an accessory apartment. BI does not.

Item 2: To see if the Town of Medfield will vote to amend the Medfield Town Code Chapter 300 Zoning Attachment 1 Table of Use Regulations, by adding the new section “Adult-only retail tobacco store” And further, to see if the Town of Medfield will vote to amend the Medfield Town Code Chapter 300 Article 2.1, by adding the definition for “Adult-only retail tobacco store” in appropriate alphabetical order. This new language would prohibit establishments from solely selling vape and tobacco products and paraphernalia in Medfield.

Item 3: To see if the Town of Medfield will vote to amend the Medfield Town Code Chapter 300 Zoning Attachment 1 Table of Use Regulations, by adding a new section for “Food Trucks / Mobile Food Vendors” which would allow the non-permanent placement of food trucks / mobile food vendors on private property in certain zoning districts via a Determination of Change of Use per Section 300-14.12 A (Site Plan Approval) by the Planning Board. Determinations will be made based on review the impacts of such use, hours of operation, proposed location(s), noise, odors, traffic, circulation, parking, trash/waste, seating, access to facilities, signage, permission from property owner, etc. Special town-wide events, mobile food sales in the Right-of-Way, or catering of private parties in residential zoning districts are not affected by this bylaw. Mobile food vendors may also require approvals by the Board of Selectmen and/or Board of Health.

Item 4: To see if the Town will vote to amend the Town Code of Medfield, MA, Chapter 300, Zoning, Article 6 Area, Height and Bulk Regulations, Paragraph 6.2 Area Regulations by adding a new subsection 4 which would add a section which would allow the Board of Appeals to review and approve, on a case-by-case basis, the encroachment of decks, porches, etc., into the required setback. The current process requires a variance which has strict statutory requirements which cannot typically be lawfully applied since most deck or porch extensions are for more functional and subjective proposes.

Item 5: To see if the Town will vote to amend the Town Code of Medfield, MA, Chapter 300, Zoning, Article 6 Area, Height and Bulk Regulations, Paragraph 6.2 Area Regulations K to align with the provisions of the MA State Building Code which do not require a building permit for accessory structures (i.e. sheds) under 200 sf and delete the confusing specific size requirement. This amendment would require a building permit and code review for accessory structures but leave the setback requirements as-is. 

Item 6: To see if the Town of Medfield will vote to amend the Medfield Town Code Chapter 300 Zoning Attachment 1 Table of Use Regulations, by adding a new section for “Rooftop PV on permitted primary and accessory structures” and a new Article 21 for rooftop solar panels and PV parking canopies.

All interested persons should attend the public hearing. A copy of the proposals is on file with the Town Clerk and Planning Department, and may be inspected during regular business hours.

SARAH LEMKE, CHAIR

MEDFIELD PLANNING BOARD

THE PRESS                      

December 13, 2019

December 20, 2019

10/23/19 - Medfield State Hospital District Language and Map As Recommended by the Planning Board - HERE

10/21/19 - Medfield State Hospital Rezoning Public Hearing #2 (final) - Revised text and Map

09/06/19 - Medfield State Hospital Rezoning Public Hearing on 10/03/19 - Proposed Text and Map

-----------------------------------------------------------------------------------------------------------------------------------------

3/19/19 Planning Board Handout: Guide to Proposed Zoning Bylaw Changes for 2019 Annual Town Meeting

2/4/19: The Planning Board voted to include the following zoning bylaw amendments for inclusion in the 2019 ATM Warrant (Full Text HERE):

  1. Upper Spring Street Overlay District (USSOD)

    • Boundary of USSOD

    •  Edit to Use Table

    • Edit to Height & Bulk Table

    • Site Plan Review Criteria

    • Edit to Inclusionary Zoning Bylaw

  2. Use Table edits for consistency in terminology

  3. ZBA Special Permit Criteria



Proposed Zoning Bylaw Amendments for ATM 2019

Public Hearing Notice for 01/07/19 PB Meeting: HERE for ZBA Special Permit Criteria amendments and HERE for Inclusionary Zoning Bylaw amendments:

  • Item 1: To see if the Town will vote to amend the Code of the Town of Medfield Chapter 300 Zoning, Article 14 Administration and Enforcement Section 300-14.10 Special Permits by Board of Appeals by deleting Subsection E and its Sub-subsections (1) through (10) in their entirety and replacing them with the criteria found in Section 300-14.15 Subsection E and its Sub-subsections (1) through (9).
  • Item 2: To see if the Town will vote to amend the Code of the Town of Medfield Chapter 300 Zoning, Article 14 Administration and Enforcement Section 300-14.16 Inclusionary Zoning Bylaw by adding language relating to multi-family site plan approvals (as proposed by the Planning Board on 12/3/18).

Public Hearing Notice for 12/3/18 PB Meeting: HERE 

(note: all items have been continued to 1/7/19)

  • Proposed Upper Spring Street Overlay District (allows pre-2017 density and process for the area on the east side of Spring Street between Maple Street and Baxter Park, see map in notice)
  • Proposed West Street/Peter Kristof Way Rezone (from Residential Suburban (RS, 20k sf single family house lots) to Business Industrial (commercial) which will make the area more compatible with surrounding land uses)  
  • Table of Use Clarifications (provides consistency in the terminology used within the Medfield Zoning Bylaw which should have been updated in 2014 with the codification process; "housekeeping")


Special Town Meeting 10/26/18

Senior Housing Residential Overlay District (SHROD)

10/29/18 STM Handout

Click HERE for SHROD handout 

10/1/18 - Public Hearing #2 re SHROD v2

Click HERE for a memo regarding revisions to the draft Senior Housing Residential Overlay District bylaw following the first public hearing and information session. To be considered by the Planning Board at their meeting on 10/1/18. Click HERE for the revised presentation.

9/26/18 Information Session on Proposed SHROD Bylaw

Time: 4:00 pm

Location: The Center, Ice House Road

9/10/18 Planning Board Public Hearing - continued to 10/1/18

Notice of Planning Board Hearing Relative to Proposed Zoning Bylaw Amendments Pursuant to MGL ch 40A Section 5 (with full text of the proposed Senior Housing Overlay District

For 8/14/18 BoS Meeting

Memo: Proposed Senior Housing Residential Development Overlay District Bylaw (Revised)

For 7/31/18 BoS Meeting

Memo to BoS re: Draft Proposed Bylaw and Schedule

Senior Housing Zoning Impacts Map

ATM 2018 - For Public Hearing on January 8, 2018