Warrant Article Title:
ZONING BYLAW AMENDMENT/DEFINITION OF FOUNDATION

Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw in Section 2, by adding a new definition as follows: Building Foundation: The masonry or concrete structure in the ground which supports the building. It does not include porches, decks, sheds, patios, one story attached garages, carports, or the like; or take any action related thereto.

Requested by:
(Inserted by the Redevelopment Board at the request of Patricia B. Worden and ten registered voters) 

Report Excerpt:

Section 2 (Definitions) of the Zoning Bylaw defers to the State Building Code for “terms and words not defined herein but defined in the State Building Code. Words not defined in either place shall have the meaning given in the most recent edition of Webster’s Unabridged Dictionary.” The Massachusetts State Building Code (780 CMR) does not have a single definition for foundations, but rather devotes an entire chapter to this building component. This is due to the complex and multifactored conditions that require variations in regulations instead of a single blanket definition. The dictionary defines a foundation as “an underlying base or support.”

 

The ARB is concerned about what might be excluded in the definition proposed by this article and the unintended consequences of this addition to the definitions due to the imprecise language used in the warrant article. The ARB notes that municipalities refrain from cross referencing building code definitions in their zoning regulations. No comparative municipalities provide a definition of a foundation in their zoning bylaws or ordinances, and most explicitly defer to the State Building Code and then the dictionary for industry-specific terminology.

Vote Language:
The Redevelopment Board voted (5-0) to recommend No Action on Article 41. 

Additional Materials:

Redevelopment Board Report

Substitute Motion - P Worden