Braintree’s Revised Zoning Ready for July 9 Hearing

Braintree’s Revised Zoning Ready for July 9 Hearing By Sandy Vondrasek

After 18 months of review, rewrites, and consultation, the Braintree Planning Commission has finalized a revised zoning ordinance that planners say resolves the major problems in the current version—and is much easier to read and understand.

A public hearing on the revised document, which would replace the regulations currently in effect, will be Thursday, July 9, 7 p.m., at the Braintree Town Hall.

Bob Moyer, chair of the Planning Commission, said planners started their review by "looking back at the Development Review Board decisions that had been particularly difficult over the past few years."

Setback requirements in the current document were found to be the source of "the most irritation and the most problems in terms of not allowing people to do pretty common-sense things," he noted.

Since the PC’s overriding goal was "to maintain the traditional, rural look of the town," members studied GPS maps to get a handle on setbacks of existing buildings.

They found that most structures in Braintree—many of them old farmhouses and barns—have an average setback of about 40 feet.

Braintree regulations—until an amendment to the current regulations was approved 18 months ago, has a 100-foot setback. For the revised regulations, the PC cut down the front setbacks substantially, but left side setbacks unchanged.

Another major change, Moyer said, would make it easier for homeowners to add ramps or make other alterations to accommodate elderly or handicapped residents, even in situations where other major renovations might not be so easily permitted.

The planners also wrestled with how to deal with additions to already-non-conforming buildings. Putting on an addition that brings the building even closer to the road was clearly increasing the non-conformance, they decided, but an addition on the side did not, as long the structure did not end up closer to the road.

Plain English

In addition to these and other, less dramatic changes to the regulations, the document was reworded to turn much of the legalistic "gobbly-de-gook" to plain, everyday English, Moyer added.

"Through the use of diagrams, examples, and footnotes, anyone contemplating a building project should be able to determine what is and is not allowed without the need for professional assistance," he said.

Moyer expressed his appreciation for all the support that commissioners received as they reworked the regulations. Planning commissioners Nancy Gray and Joan Richmond-Hall worked with Moyer throughout the process. Jenny Phipps, a recent appointee to the commission has also contributed.

Moyer said that Chris Sargent of East Randolph, a planner from Two River-Ottauquechee Regional Commission, "was a terrific help," as were residents Tim Caulfield and Tut Doane. Planners also solicited feedback from the public, specifically consulting with former zoning opponents, who had at one point started to circulate a petition to have zoning repealed in Braintree.

Moyer said one of those folks told him recently he was pleased with the revision.

Following the July 9 hearing, the Planning Commission will consider any changes or revisions suggested at the hearing, then forward the document to the Braintree Selectboard. After holding a hearing of its own, the selectboard members may make their own alterations to the draft document.

If the board makes any significant changes, he noted, another hearing must be held.

"Under state regulations, the selectboard for a town of our size has the option of either voting in the regulations on its own, or sending it to a town-wide vote," Moyer noted.

PC members and the selectboard have already debated the merits of each route, and the public’s opinion on this matter will "definitely be solicited," he added.

"We don’t want to have any feeling out there that we are trying to slip something through, or not let people have their say," Moyer said. "But, these are so much improved over the existing regulations that we really don’t expect any significant negative feeling towards them."