Laserfiche WebLink
L <br /> could be allowed- It would also become possible for additional land to be included in a <br /> special permit,provided that currently applicable zoning would govern any development <br /> on the added land area. <br /> Public Comments: Marjorie I atsoulis(Deer Crossing resident). Ms. l atsoulis requested <br /> the board removed "ZBA" from paragraph 1, line.2. Ads. Katsoulis painted out that <br /> decisions rna+de by the ZBA have had a negative impact on Deer Crossing. For example, <br /> 'Prue value hardware store truck delivery completely blocks Shellback Way during <br /> delivery, tic patter in and out of the Plymouth Savings Bank is terrible. 1&. Malone <br /> stated the board would need more compelling reasons to exclude the.ZBA. Ms. Kane <br /> asked if the article applies to Planning Board and ZBA? Mr. Fudala stated"Yes" <br /> because here are a number of projects that have ZBA Special Permits. <br /> Motion to Recommend Article 3 <br /> Motion: Martine 'Ieijering bonded: Dennis Balzarini <br /> Vote: 3-0 Unanimous <br /> Article 45 <br /> Explanation: Recent legal opinions by Fawn Counsel have pointed out that the <br /> Planning Board and ZBA have no clear authority to modify special permit projects, <br /> particularly where the project proposed to be modified was approved under zoning <br /> standards which are no longer in effect. Any "modification"would, in fact,have to be <br /> clone as a new special pent application under currently applicable zoning* This has <br /> created a difficult situation for projects that have been begun but are not yet completed <br /> and wish to modify their plans or permit language. This article-would create authority for <br /> special permit modifications of three sorts: <br /> I Minor site changes could be done at a public meeting but without <br /> advertisement of a public hearing. <br /> 2) More significant site plan changes,or changes to the text of the permit <br /> decision would require an advertised public hearing with notice to all abutters <br /> within300 Beet and full conformance,with all special permit approval <br /> requirement. <br /> 3) For changes involving an increase of 1 %or less in building area or the area <br /> of land occupied by a particular type of use, the old zoning applicable to the <br /> property when the original permit was approved would continue to apply. An <br /> increase in open space, including open space used for outdoor recreation, by <br /> more than 1 %would also be governed by the old zoning applicable to the <br /> property when the original special perrnit was approved. <br /> For any larger change, currently applicable zoning standards would have to be met. No <br /> tnerease in the number of permitted dwelling units or in the rate of development could be <br /> mowed. It would also become possible for additional land to be included in a special <br /> pet, provided that currently applicable zoning would govern any development on the <br /> added land area. <br /> 8 <br />