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Planning Board Agenda 03/13/2013-Zoning Amendments
The Middleton Planning Board will hold a Public Hearing on Wednesday March 13, 2013 at 7:30 PM (and will be continued if necessary to Thursday March 14, 2013 at 7:30 PM)
in the Media Center at Fuller Meadow School, 143 South Main Street to consider the following amendments to the Middleton Zoning Bylaw:

  • Add new Section “Temporary Moratorium on Medical Marijuana Treatment Centers”
Section ___  Purpose
The purpose of this section, Temporary Moratorium on Medical Marijuana Treatment Centers, is to provide the Town with a reasonable amount of time to engage in a planning process to address the novel and complex legal and planning issues concerning the effects of the use of land and structures in Town for medical marijuana treatment centers and to enact bylaws in a manner consistent with sound land use planning goals and objectives.

Section _______       TEMPORARY MORATORIUM
For the reasons set forth above and notwithstanding any other provision in the Zoning Bylaws of the Town of Middleton, Massachusetts, the Town of Middleton hereby adopts a temporary moratorium on the use of land and/or structures for a medical marijuana treatment center.  The moratorium will be in effect until July 1, 2015.  During the moratorium period, the Town will undertake a planning process to address the potential impacts of medical marijuana treatment centers in Middleton, consider the Department of Public Health regulations concerning medical marijuana treatment centers and related uses, and adopt new zoning regulations to address the impact and operation of medical marijuana treatment centers and related uses.

  • Amend  Section 3.2.1 Paragraph #1-Accessory uses and structures, Residential Districts, and Table of Use Regulations Section G-Accessory Uses, Line 2
By removing the language from Section 3.2.1 Paragraph 1, and from Table of Use Regulations Section G, Line 2, and replacing them with:

Private: swimming pools, pool cabanas, tool sheds, boathouses, garages, and recreational playing surfaces, including, but not limited to, tennis courts, sport courts, basketball courts, and ice sport surfaces.

  • Amend Section 4.1.2 Paragraph #1-Notes to Table of Dimensional Requirements, Lot Width by adding the following sentence to the end of the paragraph:
At no point between the street frontage line and the principal structure shall the lot be narrower than 75% of the required lot frontage.
  • Add new paragraph #9 to Section 4.1.2-Notes to Table of Dimensional Requirements:
No dwelling, or part thereof, shall be located within the front, side and rear yard setbacks, as defined by the Table of Dimensional Requirements.

  • Add “Adult Entertainment Overlay District” to the list of overlay districts in Section 2.2-Overlay Districts
  • Amend Section 6.3.4-Driveway Grades
By removing the existing language from Section 6.3.4, and replacing it with:

Grade:  The grade of each driveway where it intersects with the public way shall not exceed 9% for a distance of 20 feet from the travel surface of the public way, unless the Board of Appeals shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

  • Remove definition “Private Garage”  from Section 10.1-Definitions
  • Amend the definition “Rooming or Boarding House” Section 10.1.-Definitions
By removing existing definition Section 10.1 for “Rooming or Boarding House” and replacing it with:

A dwelling in which the family resident therein provides eating and/or sleeping accommodations for not more than two paying guests who use only the cooking facilities used by the residents.

  • Clarify Minimum Area of the R-1a & R-1b Districts in the Table of Dimensional Regulations
By removing the existing language from 235 Attachment I, Table of Dimensional Requirements, Columns R-1a and R-1b, Row “Minimum Area (square feet),” and replacing it with:
Minimum Area (square feet)      R-1a-20,000 for a single-family, 40,000 for a two-family
R-1b  40,000 for a single-family, 80,000 for a two family

  • Amend Table of Use Regulations, Section C-Commercial, Line 6-Nursing home, Line 7-Veterinary hospital, Line8-Kennel and Line 9-Riding stable
By changing “N” to “BA” in Districts B and M-1

  • Amend Table of Use Regulations, Section C-Commercial, Line 26-Educational use, non-exempt
By changing “BA” to “N” in District RA, “BA” to “Y” in District B and “N” to “Y*” in District M-1

  • Amend Table of Use Regulations, Section F-Other Uses, Line 1-Drive-through or drive-up window or facility.
By changing “BA” to “N” in Districts R-1a, R-1b, RA and R-2

  • Amend Table of Use Regulations, Section G-Accessory Uses, Line7-Adult day-care
By changing “N” to “BA” in Districts B and M-1

Copies of the proposed zoning changes and amendments to the Zoning Bylaw are available at the Town Clerk’s Office, Memorial Hall, 48 South Main Street, Middleton, MA during normal business hours.