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Fwd: Lighting By-Law

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  • Paul A. Valleli
    John Clancy missed a number of statements in the Warrant Article 23. Should we add a sunset clause for 30 years for expiration of non-conforming lighting ?
    Message 1 of 1 , May 7 10:20 AM
      John Clancy missed a number of  statements in the Warrant Article 23.
      Should we add a "sunset clause" for 30 years for expiration of non-conforming lighting ?
      I prefer not - it may be a problem for a poor homeowner. What do others think ?

      ----- Forwarded Message -----
      From: jclancy <jclancy@...>
      To: 'Paul A. Valleli' <valleli@...>
      Cc: 'jclancy' <jclancy@...>, 'John Petrin' <jpetrin@...>
      Sent: Mon, 06 May 2013 09:49:44 -0400 (EDT)
      Subject: Lighting By-Law

      Good Morning: We have reviewed your proposal and offer the
      following comments:


      Section 6.2- Language should be included that requires the
      outdoor lighting guide as part of the By-Law.  The guide sets standards
      for lighting.


      Section 6.4- Appears if compliance can’t be met, then
      a Special Permit must be obtained.  Special Permits under the Town’s
      By-Law are for use.  The intent of this section is to create an exemption?
      If so, the the by-law must state process and parameters including who has the authority
      to grants waivers/exemptions.


      Section 6.4.2 -Change 1st sentence to “Prior to the
      sale of real estate, the owner”.  This language would be similar to
      the requirement for the installation of smoke detectors.  Also section
      states in part “before occupancy is granted”.  Current laws do
      not require an occupancy permit to be issued during the sale of property.


      Section 6.4.3- states language relative to
      non-conformities.  This proposal is being brought forth as a General
      By-Law.  MGL doesn’t permit non-conforming provisions within a
      General By-Law.  Non-Conformities are regulated by zoning provisions


      Section Change 1st sentence to read
      Provisions in the Lighting Plan must be made to “limit” instead of
      prevent.  Comment- Best practices can control light trespass, but can’t
      eliminate trespass.


      Section 6.5.22- Section number should read 6.7 (exemptions)


      Section 6.7 Special Provisions- Exemptions- add “The
      following types of exterior illumination are exempt from the provisions of this

      Section 6.7.4- Athletic Fields, courts, etc.

      Section 6.9- General By-law (existing) sets forth fine
      amounts.  Change sees Section X for fines.


      The proposed by-law should have time provisions built within,
      similar to the sign by-law adopted in 1977, in which the town granted x number
      of years for compliance. 


      Thanks- John Clancy


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