10/17/2005 Annual Town Meeting - Laserfiche WebLink

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Article 22 To see if the Town will vote to amend the Zoning By-law by amending the fourth sentence of Section 174-17 to read as follows: "Although said finding shall not constitute a special permit as defined by the general laws and this by-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests, for such findings."; by deleting Subsection 174-25.H. (6) of the Table of Uses; by amending Subsection 174-24.A. (5) to read as follows: "Absence of any designation on the table in §174-25 means that the use listed is not permitted, except as provided under Section 174-24.J." and by adding a new subsection 174-24.J. to read as follows: "Where a use is not specifically listed in the Section 174-25 Table of Uses, said use may be allowed if a finding is made by the Zoning Board of Appeals that said use may be allowed in a specific district on the basis that it is substantially similar in its construction, operation, traffic and environmental impact to a specific use allowed as of right or by special permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered prohibited. No use specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals in. any district where it is prohibited. In reviewing an application for a finding under this subsection, the procedure applicable icable for a special permit shall be followed by the applicant and the Zoning Board of Appeals, although the finding itself shall not constitute a special permit as defined by the general laws and this by-law. Where the use to which he Board determines the proposed use is similar requires a special permit or approval under the Plan Review process, any development including said use shall then require approval from the board specified under the provisions of Section 174-24.C. or by the Plan Review Committee under the provisions of Section 174-24.B., as appropriate" or take any other action relating thereto. Submitted by Planning Board Explanation: This article would clarify that two types of"findings"made by the ZBA under the provisions of the Zoning By-law do not legally constitute special permits, but follow the application and approval procedures used for special permits. The Board of Selectmen and the Finance Committee recommend approval. Planning Board voted at a Public Hearing held on October 5, 2005 4-0 to recommend approval. Motion made by Don Myers. 22