Planning Board Recommends Zoning Change be Sent Back

At their meeting Thursday night at Town Hall, the Planning Board voted to have a zoning change that would cap accessory structures within 30 feet of the rear lot line at 14 feet high, recommitted to the Planning Board for consideration at the Annual Town Meeting.

The article is being considered for the Town Meeting in September, and as with all zoning changes the board was required to give a recommendation. 

Building Commissioner Joe Prondak brought the change before the board Thursday after work with Town Administrator Kevin Mearn and Planning Director William Clark. The new zoning was designed to put a height limit on accessory structures like garages and barns within the setback. Currently, structures of this kind are not to have more than one floor, but the suggested limit of 14 feet would make that nearly impossible.

Prondak told the board that the change was suggested as a way to clarify the requirements and avoid litigation. The town is currently in court over structures on State Street, Cheever Street and Blue Hill Avenue because abutters have raised concerns over large secondary buildings close to their property.

The first concern the Planning Board had was over the wording of the warrant article, which only specified the rear property line. The original intent was to include the sides of the property as well, but concern was expressed over being able to add this language to the article on the floor of Town Meeting.

The bulk of the discussion centered on the 14-foot suggested requirement. Prondak said a building could be erected with eight-foot walls and a six-foot roof. The Building Commissioner explained most detached garages in town are one or two stall, which would make the pitch of the roof "reasonable."

Various height requirements were lofted during the discussion. When Chair Alex Whiteside suggested an 18-foot limit, member Peter Jackson expressed opposition. "As a C Zone resident I would object to an 18-foot structure in the setback," said Jackson who along with member Emily Keys Innes was comfortable with a 16-foot limit.

Robert Sheffield, a Town Meeting member from Precinct 4, rose to suggest even higher limits such as a two-thirds ratio of the principal dwelling on the property.

"(The zoning change) restricts what you can do with your property, particularly in your B Zone and your C Zone," Sheffield said.

He went on to quell concerns that higher limits would entice residents to add second floors to their accessory buildings.

"It should be adopted at the 20 to 22 foot level and if they want to build a second floor they shouldn't get the permit anyway," said Sheffield who called the 14-foot limit "unrealistically low."

After the discussion it was determined that a closer look by the Planning Board and the possible formation of a committee would be the best way to rework the zoning for the spring.