2005-Annual Town Report - Laserfiche WebLink

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_ .- 1 0 W_ The Board of Selectmen recommends approval. said district and it is substantially dissimilar in those respects from any uses prohibited in the district, k; The Finance Committee recommends approval. Where the Zoning Board of Appeals cannot make a ' clear determination,such uses shall be considered pro- x Planning Board voted at a Public Hearing held on hibited. No use specifically listed in the Table of Use October 5, 2005 4-0 to recommend approval. Regulations shall be allowed by the Zoning Board of ' Appeals in any district where it is prohibited. in Motion made by Wayne Taylor. reviewing an application for a finding under this sub- ;. section, the procedure applicable for a special permit Motion: I move Article 21 be voted as printed in the shall be followed by the applicant and the Zoning warrant, except for the phrase "or take any other Board of Appeals, although the finding itself shall not action relating thereto". constitute a special permit as defined by the general laws and this by-law. Where the use to which he Motion made to dispense with reading of Article Board determines the proposed use is similar requires 21 a special permit or approval under the Plan Review process,any development including said use shall then Motion to dispense with reading of Article 21 require approval from the board specified under the passes at 8:50 PM provisions of Section 174-24.C. or by the Plan Review j Committee under the provisions of Section 174-24.B., Motion passes unanimously at 8:51 PM as appropriate" Article 22 or take any other action relating thereto. h To see if the Town will vote to amend the Zoning By Submitted by Planning Board law by amending the fourth sentence of Section 174- 17 to read as follows: Explanation: This article would clarify that two e; types of"findings"made by the ZBA under the provi- "Although said finding shall not constitute a special sions of the Zoning By-law do not legally constitute permit as defined by the general laws and this by-law, special permits, but follow the application and the Board of Appeals shall follow the procedures spec- approval procedures used for special permits. ified in the general laws for special permits in pro- cessing requests for such findings."; The Board of Selectmen and the Finance Committee recommend approval. by deleting Subsection 174-25.H. (6) of the Table of Uses; Planning Board voted at a Public Hearing held on October 5,2005 4-0 to recommend approval. by amending Subsection 174-24.A. (5) to read as fol- lows: Motion made by Don Myers. "Absence of any designation on the table in §174-25 Motion: I move Article 22 be voted as printed in the means that the use listed is not permitted, except as warrant, except for the phrase "or take any other provided under Section 174-24.J:" action relating thereto". tai and by adding a new subsection 174-24.J. to read as Motion made to dispense with reading of Article follows: 22. s "Where a use is not specifically listed in the Section Motion to dispense with reading of Article 22 174-25 Table of Uses, said use may be allowed if a passes at 8:52 PM finding is made by the Zoning Board of Appeals that said use may be allowed in a specific district on the Motion passes unanimously at 8:51 PM basis that it is substantially similar in its construction, operation, traffic and environmental impact to a spe- cific use allowed as of right or by special permit in 132