2021-11-08-STM#1-min-as Amended June 2022

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November 8,2021 Special Town Meeting#1(2021-1),cont. 4. In§ 135-10.0,amend definitions as follows: DWELLING UNIT One or more rooms designed,occupied,or intended for occupancy as separate living quarters,with cooking,sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. EAA4!LV-HOUSEHOLD One or more individuals living together as a single housekeeping unit and occupying one dwelling or rooming unit. ,no more than four-unrelated individuals shall eonstitute a family; any r-oomer-fivin in the dwelling unit shall be inefilded-in deteFmining the ntimher-of umr-ela indip4dua-ls. ROOMER An individual,other-than a member-of a F.,...;1. oeeupying a dwelling unit A household occupying a rooming unit,for living and sleeping but not for cooking and eating purposes,and-paying rent,which may include an allowance for meals,by prearrangement on a long-term basis. 9:20 p.m. Charles Hornig,Planning Board Chair,stated the unanimous recommendation of the Board to Adopt the Amendment. 9:21 p.m. Jill Hai,Select Board Chair,reported the support of four members of the Board,and one member who was awaiting the discussion on the floor of Town Meeting. Jeanne Krieger,Zoning Board,stated that no position had been taken from the Zoning Board. 9:22 p.m. The Moderator called debate and questions open on the Amendment of Article 13. 9:23 p.m. Alessandro Alessandrini,Pct.4,questioned what mechanisms were in place to ensure the bylaw was enforced. 9:25 p.m. Counsel Makarious stated that if the issue were a Special Permit,the Zoning Board of Appeals would be reviewing the criteria in an open meeting and subject to a public hearing with further rights of appeal from denial or by an applicant to a court in the case of approvals,the abutters might have a right to appeal. With regards to most of the criteria listed are in items in 2 and 3 deal with when approvals happen as opposed to dimensional controls on the ground it would be at the permitting stage that they would have their most force. Items 1 and 4 may come up when no permit is needed at all and the Building Inspector is trying to determine whether a request of determination of what a"household"is to help with interpretation and also with rights to appeal. Mr.Alessandrini asked what mechanisms in Town would residents reach out to if they felt they had been discriminated against. Counsel Makarious noted that section 1 wouldn't create any new private cause of action,but might come up if there was something before the ZBA and trying to determine how some of the criteria below or any other criteria with someone who felt that an interpretation better met the goals that Town Meeting had set,could make that point known at a hearing in support of a petition or opposition to a petition. If there was a denial,the applicant could raise this issue of interpretation. Mr.Allesandrini noted that he hoped Section 1 was not added just to get votes. 9:26 p.m. Deborah Strod,Pct.6,stated that she was in support of the substitute Motion and thanked the Planning Board and Mr.Daggett for their commitment to take concrete action to change the wording.