T O W N O F M IL T O N

side lot line, or within 30 feet of any other building on an adjacent lot, in aResidence B district within 12 feet of a side lot line or within 24 feet of anyother building on an adjacent lot, or in a Residence C district within 10 feetof a side lot line, or in a Residence D district within 20 feet of a side lot line,or in a Residence D–1 district within 40 feet of a side lot line, or in a residenceD–2 district within one hundred (100) feet of a side lot line exceptthat the distance shall be not less than one hundred seventy–five (175) feetto any street or public way and to a side lot line of an adjacent lot which isbeing used for single family residential purposes, provided, however, thatthis requirement shall not apply with respect to side lot lines between twoadjacent lots zoned as Residence D–2 and further provided that, if thereshall be a retaining wall in a restricted area specified above which raises theaverage grade of the building footprint, the rise in such average grade shallbe deemed a part of the height of any one story building of accessory useconstructed in such restricted area.3. By adding the words “and further provided that, if there shall be a retainingwall within 30 feet of a rear lot line which raises the average gradeof the building footprint, the rise in average grade shall be deemed a partof the height of any one story building of accessory use constructedthereon” at the end of Paragraph 1 of Subsection D (“Rear Yards”) ofSection VI (“Area Regulations”).4. By adding a comma and the words “not greater than 20 feet in heightabove average grade of the building footprint,” between the words “accessoryuse” and “shall” in Paragraph 1 of Subsection D of Section VI.So that Paragraph 1 of Subsection D of Section VI readsIn a Residence AA, A, B or C district no building except a one–storybuilding of accessory use, not greater than 20 feet in height above averagegrade of the building footprint, shall be erected or maintained within30 feet of the rear lot line, provided that no building need be set backfrom the rear lot line more than 30 percent of the mean depth of the lotand further provided that, if there shall be a retaining wall within 30 feetof a rear lot line which raises the average grade of the building footprint,the rise in average grade shall be deemed a part of the height of any onestory building of accessory use constructed thereon.VOICE VOTEThe Moderator declared a two thirds vote.77