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November 8,2021 Special Town Meeting#1(2021-1),cont. <br /> FENCE <br /> A barrier intended to prevent escape or intrusion or to mark a boundary,but not a <br /> retaining wall. <br /> 3. In§ 135-10.0,amend definitions as follows: <br /> STRUCTURE <br /> Anything constructed or erected,the use of which requires a fixed location on the <br /> ground,or attachment to something located on the ground,including buildings,mobile <br /> homes,billboards,tanks, Solar Energy Systems,or the like,or the parts thereof, <br /> fences,retaining walls,and swimming pools,but not including paved surfaces such as <br /> a driveway,a walk or a patio. <br /> YARD <br /> An open space on a lot unoccupied by a building of s4iae4ff e or such parts thereof as <br /> covered or uncovered porches,steps,cornices,eaves and other projections <br /> Yard depth shall be measured from the <br /> t_ewer lot line,and not from the middle of any public or private way whether owned <br /> pursuant to the derelict fee statute or otherwise,to the nearest point on a building in a <br /> line perpendicular or normal to such lot of st+ee line. <br /> n#oo4li4o.,,,a .,djaeo„t t4@F@t <br /> YARD,MINIMUM REQUIRED <br /> A strip of land of uniform depth required by this bylaw measured from the lot <br /> of t+ee line and adjacent thereto <br /> 8:03 p.m. Mr.Hornig presented the Report of the Planning Board and noted that the Planning Board <br /> unanimously recommended Article 12. <br /> 8:07 p.m. Ms.Hai stated the unanimous opposition of the Select Board and noted that there had <br /> been concerns regarding varied topography where retaining walls were necessary yet <br /> fences would be a safety concern and the size of some lots would not allow the setback. <br /> She further noted that one Member had concerns regarding sightlines. <br /> 8:08 p.m. The Moderator called debate and questions open on Article 12. <br /> 8:09 p.m. Mr.Joe Pato,Town Meeting Member-at-Large,moved the following Amendment: <br /> Article 12 <br /> Mr.Pato moves to amend the main motion for Article 12,(Amend Zoning Bylaw Structures in <br /> Yards)to retain the 6-foot height limitation for fences near the front lot line and removing the <br /> consideration of a retaining wall and adjacent fence as a single structure by: <br /> 1) Removing the proposed substantive changes to§135-4.3.1.2.b and adding clarifying <br /> language that one fence and/or one retaining wall is allowed closer to a lot line than six <br /> feet each no more than six feet high so that§135-4.3.1.2.b now reads: <br /> b.One fence and/or one retaining wall not greater than six feet each in height may be <br /> located on or closer to a lot line than six feet;and <br /> and <br /> 2) Removing proposed change§135-4.3.1.4 <br /> So that the motion now reads: <br />