Zoning bylaws amended at Marblehead Town Meeting

MARBLEHEAD — Two zoning bylaw Articles passed at Town Meeting this week.Despite attempts to indefinitely postpone the vote on Article 23 and amend its wording, the first zoning bylaw, which passed Tuesday night with a vote of 951-759, was Article 23, which adopted MBTA 3A multi-family overlay districts.Before the voters could have their say, they needed to vote on four subsidiary motions which had the potential to impact how to vote on Article 23.

The first was a motion to amend Article 1 to see if the voters would allow certain articles to be moved up in the evening. It asked for the order to be: Articles 23, 34 and 33, and then the remaining articles in numerical order, starting with Article 2, would follow. This amendment to Article 1 passed, changing the order Articles would be discussed.



The next motion was brought by John DiPiano, and he asked voters to “indefinitely postpone the vote.” After roughly an hour of back and forth, about 58% of Town Meeting attendees voted against that motion.The third subsidiary motion asked voters to change the language in Article 23 so much so that the Article would have had an inverse meaning — as Yael Magen was asking for the word “not” to be placed before the words “amend the Zoning Bylaw.

” It also asked that an additional clause be added, requesting that the Select Board “file an exemption/extension/amendment regarding the implementation of Chapter 40A Section 3A.” That motion also did not pass, with 61% of the voters against Magen’s motion.The fourth and final subsidiary motion considered before Article 23 was voted on was whether Town Meeting attendees wished to utilize written ballots rather than their clickers to vote.

This would have eliminated the opportunity for a vote for reconsideration on the motion, according to moderator Jack Attridge, and that motion failed with 60% of voters against it.With the first motion’s passing, Article 23 moved up the scheduled list of articles to discuss and was then voted on. The Marblehead High School Field House erupted in cheers as it passed.

Since about 56% of Town Meeting voters were in favor of 3A, the three identified districts — Pleasant Street District, Broughton Road District and Tioga Way District — will now be zoned as multi-family overlay districts. Further, this allows the Town to become compliant with the state mandate prior to the July 14 deadline.That does not mean DiPiano and those who voted against 3A have given up, though.

By Tuesday’s adjournment, DiPiano was already securing signatures to appeal its ratification and attempt to put 3A on the June ballot. He hopes to have 300 verifiable signatures collected by Monday to turn into the Select Board.The second zoning bylaw, Article 24, passed at Town Meeting Wednesday night with a vote of 313-46.

Before the vote could take place, Magen brought forward two subsidiary motions to alter Article 24, which were both voted down with roughly 85% of voters against each of the motions. This was at least in part due to the confusing nature of her motions, which many community members brought up during public comment.Article 24 allows for the zoning bylaws of accessory dwelling units (ADUs) to be updated in the following key ways:The former bylaw prohibited ADUs over 1,000 square feet.

Now, the ADUs “shall not contain in excess of 900 square feet of gross floor area or exceed 50% of the gross floor area of the principal dwelling, whichever is less.”The former bylaw required a special permit which could be denied. Now, for all detached ADUs or ADUs “which require a change in footprint or height and which are attached to the principal dwelling, shall require Site Plan Review by the Planning Board.

The Planning Board shall approve or approve with conditions but shall not deny.”The former bylaw required a minimum of two parking spaces per unit. Now, only one is required, but if the ADU is located within half a mile from a “commuter rail station, subway station, ferry terminal or bus station,” no parking spaces are required.

The former bylaw required either the ADU or the principal dwelling be occupied, and now, ADUs no longer need to be owner occupied.The post Zoning bylaws amended at Marblehead Town Meeting appeared first on Itemlive..