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He. cited the Modification Section of the By-law, <br /> whereby if there is no increase in the square footage of <br /> residential numbers by more than 1 r increase the land <br /> area occupied by any use by more than to may be approved <br /> only if it continues to conform with the Zoning By-law; a <br /> well as Mass . General Laves Zoning Enabling Act 40A section <br /> , zoning protection for any Special. Permit issued prior to <br /> the effective date of any zoning change. <br /> Attorney Taipale argued that the language of the 1997 <br /> Modification to Special Permit must be considered as it <br /> allowed for an -increase of garage ' area by not more than <br /> o% . The original allowed square footage of 188, 988, <br /> additional 0 originally approved garages is 9, 600 for a <br /> total of 198, 598 gare feet, 10 of which- is a total of <br /> 218, 458 square feet. <br /> Applicant feels this. is a reasonable interpretation of <br /> the Section and would not require a modification of the. <br /> site plan submitted. He also raised a question with regard <br /> to interpretation of to increase of square footage of <br /> (non) residential structures, being total square footage or <br /> square footage .of footprint. Applicant has based their <br /> computations on the assumption of square footage of <br /> footprint . Because the original, building plans have not <br /> been located, total square footage has not been. calculated. <br /> The proposed impervious surface i.s approximately <br /> 500, 000 square feet; the originally approved surface was <br /> 492, 000 square feet, which is well under the 10 (if this <br /> interpretation is approved) . <br /> Attorney Taipale requested the Board consider approval <br /> of this interpretation of the By-law which would allow <br /> Applicant to proceed with the plans that have been <br /> submitted, a redesign of the pro j-ect to meet square footage <br /> determinations and elimination of garages and square <br /> footage would be unnecessary. The units have been designed <br /> to meet market indications . He also mentioned property and <br /> tax implications would be de-valued. He reminded the Board <br /> there are no children in this project. <br /> Attorney Taipa-le stated Applicant is willing to <br /> provide two (2) affordable housing units to the Town and <br /> would like to be able to proceed in this effort. <br /> 7 <br />