05/01/2000 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

(d) Any modification under (b) above which involves only modifications to the site plan of the permitted project, such as landscaping, signage, shape and location of buildings, architectural details, lot lines or roadway facilities but which, in combination with previous modifications, if any, does not increase the square footage of residential or non-residential structures by more than ten percent (10%) or increase the land area occupied by any use by more than ten percent (10%), may be approved only if it continues to conform with the zoning bylaw applicable to the land at the time of the original special permit approval. (e) Any other modification under (b) or (c) above may only be approved if the proposed modification is in conformance with the applicable provisions of the zoning bylaw as it applies to the land involved at the time of approval of said modification. For the purposes of this subsection, the portion or portions of the project to be modified may be separated from the remainder of the originally permitted project, provided that the portion not modified continues to conform, as a separate entity, with the zoning bylaw applicable to the land at the time of the original approval and that the portion or portions to be modified conform, as a separate entity, with the terms of the zoning bylaw as it applies to the land at the time of approval of said modification, except that any requirement for a perimeter buffer area contained in the applicable zoning for either portion need not be required between said portions. (f) No modification may increase the number of dwelling units in a project or increase the maximum rate of development allowed by the original special permit. (g) A modification under (b) or (c) above may expand the land area covered by said special permit, provided that all uses, dimensions and other aspects of proposed development within the expanded area are in conformance with the provisions of the zoning bylaw applicable to the land at the time of approval of said modification and provided that the original special permit granting authority has authority to approve said proposed uses and development under the provisions of the zoning bylaw applicable to the expanded land area at the time of approval of said modification." or take any other action relating thereto. Submitted by the Planning Board Explanation: Recent legal opinions by Town Counsel have pointed out that the Planning Board and ZBA have no clear authority to modify special permit projects, particularly where the project proposed to be modified was approved under zoning standards which are no longer in effect. Any "modification" would, in fact, have to be done as a new special permit application under currently applicable zoning. This has created a difficult situation for projects that have been begun but are not yet completed and wish to modify their plans or permit language. This article would create authority for special permit modifications of three sorts: minor site plan changes could be done at a public meeting but without advertisement of a public hearing, more significant site plan changes, or changes to the text of the permit decision would require an advertised public hearing with notice to all abutters within 300 feet and full conformance with all special