Public Hearing for Proposed Ordinance Changes

The Planning Board will hold a public hearing to discuss the proposed ordinance changes on Tuesday, January 7 at 7:00pm at the Fitzwilliam Town Hall.

 

The following proposed changes will be discussed at the public hearing.

 

Amendment 1

Delete the Definition of Family in § 127-3 Definitions in this section, and replace the term throughout the ordinance with “Household.”

FAMILY – A person or number of persons occupying a dwelling unit and living as a single housekeeping unit, provided that a group of six (6) or more persons shall not be deemed a “family” unless at least half of them are related by blood, marriage or adoption, including wards of the state.

Purpose: This definition is problematic because it assumes that the relationships between parties in a housing situation are relevant to whether the situation is appropriate or not. It is also difficult to administer and enforce.

 

Amendment 2

Clarify the statement in § 127-9.C as follows:

C. Two-family (duplex) dwellings: A building or structure containing two (2) principal dwelling units, as defined by the chapter.

Purpose: This is to eliminate any confusion between duplexes and single-family homes with an ADU.

 

Amendment 3

Amend § 127-9. D by (1) eliminating the requirement for one unit to be owner-occupied; and (2) reduce the per unit square footage from 10,000 to _______ square feet.

D. Dwelling conversions: A single-family dwelling or other residential building in existence prior to April 1, 1987, with less than four (4) dwelling units altered and used for not more than four (4) dwelling units where the lot on which the building is located shall contain not less than ten thousand (10,000) square feet of land per dwelling unit and where one (1) of the units is occupied by the owner of the property. In the VCB District, the preceding requirement that the lot on which the building is located shall contain not less than ten thousand (10,000) square feet of land per dwelling unit shall not apply.

Purpose: Owner occupancy of a multi-family unnecessarily complicates the creation and ownership of such a building. Requiring 40,000 square feet for the conversion into a four unit building means that many existing buildings on existing lots may not be converted.

 

Amendment 4

Delete and replace § 127-9 F. Temporary Dwellings.

F. Temporary Dwellings:
1.    Recreational vehicles may be not occupied on a temporary basis, unless:
a. It is located in a campground or recreational vehicle camping park, pursuant RSA 216-I; or
b. During construction or rehabilitation of any permanent structure, which has a valid unexpired construction permit issued by the Board of Selectmen. Valid for one year.
c. Recreational vehicles allowed during camping season on lots with a principal dwelling - May 1 to October 30.
2.    Each temporary dwelling and/or lot shall:
a.    Have adequate provision for water and septic disposal
b.    Meet all applicable setback requirements for the district.
c.     Sufficient off-street parking for vehicles used by the occupants and any visitors
d.    Not create a nuisance or be offensive to surrounding property owners
3.    Manufactured homes not on permanent foundations are allowed in all districts while a permanent residence is being constructed on the property.
4.    Recreational Vehicles are defined as vehicles designed for travel, recreation, and vacation uses, such as: motor home or van (a portable, temporary dwelling constructed as an integral part of a self-propelled vehicle); pickup camper (a structure designed to be mounted on a truck chassis); recreational trailer (a portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections); or tent trailer (a canvas or synthetic fiber folding structure mounted on wheels).

Purpose: to make clearer and more concise.

 

Amendment 5

Delete and replace § 127-16 Cluster Development Overlay District.

Purpose: Encourage the preservation of common land for conservation and other uses and to promote greater flexibility in the siting of buildings in harmony with the natural features of the site.

 

Amendment 6

Add language to § 127-19 Appendix A in regards to setbacks on private roads.

4.    The minimum Front, Side & Rear Yard number indicates the setback from the street and/or property lines.

Purpose: to provide clarity for setbacks on private roads.

 

Amendment 7 - Citizen Petition

Amend § 127-9:B.1 by removing the words "or modify" to read:

    1. Purpose and Authority.          
      This section is adopted in accordance with RSA 674:21, Innovative Land Use Controls and RSA 675:1, II. Pursuant to RSA 674:21, II the Planning Board is hereby authorized to grant Conditional Use Permits for applications for Accessory Dwelling Units, as provided in this section. In the granting of any such Permit, the Planning Board may attach reasonable conditions, or waive or modify any of the requirements of this section if specific circumstances relative to the proposal indicate that the waiver will properly carry out the spirit and intent of this ordinance.

Purpose: Amend § 127-9:B.1 by removing the words "or modify" in order to clarify that no requirements can be created by any board which are stricter than our Zoning Ordinance currently states. The remaining words "or waive" still gives the Planning Board the freedom to relax the requirements where it makes sense and this will not impact their ability to attach reasonable conditions to any ADU Conditional Use Permits.

 

Amendment 8 - Citizen Petition

Section § 127-11:D "Restaurant" should be amended by adding the underlined italic text shown below:

D. Restaurant: An establishment where food and beverages are sold within a building to customers for consumption at a table or counter, on a patio closed on all sides with entrance to the patio normally available only from the building, off the premises as carry-out orders, except that where drive-up service shall not be allowed, or any combination of the above. In the VCB District, such uses shall have a maximum gross floor area of five thousand (5,000) square feet. Notwithstanding the foregoing, any Restaurant having sixty-five percent (65%) or greater of its gross sales revenue derived from beverages and not food shall be permitted to have a drive up window and drive up service if such Restaurant can demonstrate by the professional opinion of a traffic engineer that such drive up service will not cause any under negative traffic impact.

Purpose: Section 127-11 of the Town of Fitzwilliam Zoning Ordinance allows for restaurants in the General Business District of the Town of Fitzwilliam, specifically at the intersection of Routes 12 and 119. However, that provision of the Ordinances defines restaurants as places that do not have drive windows or drive through services. The current zoning ordinance would not allow for businesses like Dunkin, Starbucks, or coffee shops to have drive-up windows. The proposed amendment below will change that to allow drive up windows at coffee shops, but will not allow for fast food restaurants. This amendment will lead to a brand new Dunkin coffee shop at the vacant property across from the current Mr. Mike's location.