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
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