Charlton voters approve most zoning bylaw changes, reject one major tabled rewrite

CHARLTON, Mass. — Voters at the Town of Charlton’s annual meeting on May 19 approved a series of zoning bylaw changes proposed by the Planning Board, including new definitions and rules for flea markets and accessory dwelling units, revised village‑district pedestrian requirements and several procedural changes to site‑plan review. One larger rewrite of the use‑regulation table failed to get the two‑thirds majority required under state law.

The package of zoning articles was presented by the Planning Board and was considered in a set of appendices included with the warrant. Planning Board members and residents debated several provisions before votes were taken.

The most detailed debate centered on Article 15, which replaces the term “accessory apartment” with “accessory dwelling unit (ADU)” and establishes minimum standards and size limits. The ADU language states that ADUs must comply with applicable state building, electrical, plumbing, gas and energy codes and may not be sold separately from the principal dwelling. When attached to a principal dwelling an ADU is capped at 1,250 square feet of gross floor area and must “maintain the appearance of a single‑family residence.” When created in an accessory structure the ADU is limited to 900 square feet or one‑half the living area of the principal dwelling, whichever is less. The article passed by the required two‑thirds vote; the moderator read the count as 58 in favor, 9 opposed and 2 abstentions.

Article 14 added a definition of “flea market” — “any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property [are] offered for sale or exchange to the general public by multiple individuals or licensed vendors” — and passed by two‑thirds (vote read as 52 yes, 13 no, 4 abstain).

Article 20 amended Village District requirements to add a public‑sidewalk construction standard (a concrete sidewalk of at least 5 feet in width and granite curbing within the municipal right of way, where approved by the highway superintendent) and allowed the planning board to accept a payment in lieu of sidewalk construction where building a short, disconnected sidewalk would be impractical. It also added a ground‑floor transparency requirement for non‑residential facades (except single‑family and duplex homes). The measure passed (42 yes, 16 no, 1 abstention).

Several other technical and map changes passed on two‑thirds or majority votes: Article 16 (intensity/use and parking changes) passed (53 yes, 7 no, 1 abstain), Article 17 (allowing district boundaries to follow lot lines when a boundary encompasses 33% or less of a lot) passed (53 yes, 7 no, 3 abstain), Article 19 (revising reduced‑frontage‑lot language) passed (49 yes, 15 no), Article 21 (site‑plan administration and waiver authority amendments) was amended on the floor and passed after the amendment (final vote read as 49 yes, 7 no, 2 abstain), and Article 22 (a map change extending the Community Business zone along the northerly side between 379 Worcester/Route 20 and the Oxford town line) passed by two‑thirds (54 yes, 4 no).

Article 18, a broad set of revisions to the Use Regulations table that would have changed permitting categories for many uses (restaurants/bars, offices, funeral homes, sawmills, and others), failed to reach the two‑thirds threshold. The moderator read the count as 36 in favor, 24 opposed and 3 abstentions; the motion did not meet the two‑thirds requirement and therefore did not pass.

Residents raised concerns on several items during discussion. Multiple voters questioned sidewalk standards (the change from a 4‑foot to a 5‑foot minimum), how fee‑in‑lieu calculations would work when the town requires payment instead of immediate construction, and whether existing accessory units would be forced to change; planning board representatives answered that existing ADUs would not be altered by the bylaws and that the sidewalk language was intended to avoid one‑house “stub” sidewalks that do not connect. A handful of residents urged more outreach or edits for clarity on some changes; Planning Board members said they had held a public hearing (May 7) and made some wording changes based on comments.

The votes were taken under Massachusetts law; multiple articles required a two‑thirds majority under M.G.L. c.40A §5 and similar provisions. The Planning Board recommended the package where noted.

Votes at a glance for Articles 14–22: Article 14 (flea market definition) — passed (52‑13‑4); Article 15 (ADU rules) — passed (58‑9‑2); Article 16 (intensity/parking) — passed (53‑7‑1); Article 17 (district boundaries follow lot lines) — passed (53‑7‑3); Article 18 (use regulation table rewrite) — failed (36‑24‑3); Article 19 (reduced‑frontage lots) — passed (49‑15); Article 20 (Village District sidewalk/amenities) — passed (42‑16‑1); Article 21 (site plan administration/waiver authority) — passed as amended (49‑7‑2); Article 22 (map amendment — Community Business zone extension) — passed (54‑4).

The Planning Board said it will publish final text and maps on the town’s website and in future materials for reference.

Charlton residents and property owners living or owning property within the town’s Village, Community Business and residential districts are the immediate geographic groups affected by these changes; the town planner and planning board will handle implementation and any required administrative follow‑up.