[Massplanners] Planning Board Ability to Waive Portions of a Protective Zoning By-law

[Jeff Lacy]

I think you must have an explicit waiver provision in your zoning bylaws in order to deviate from zoning requirements short a variance. 

However, is a special permit even required? Did the pre-existing use have a special permit to operate? Would it survive a change in ownership? Or, is the use lawfully nonconforming and vacant less than two years? If answers are affirmative Might be OK to keep it going.
I am of course nervous writing this because “The Bobs” (Bob Mitchell and Bob Ritchie) will be reading and correcting me if needed.
Regards,
Jeff Lacy
Rural Planning Associates
(413) 230-9693


Sent from my iPhone

> On Feb 11, 2022, at 12:02 PM, clerk via MassPlanners <massplanners at masscptc.org> wrote:
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> I am the Vice Chair of the Shirley Planning Board, not a Professional Planner.  I have been on Planning Boards for over 15 years so I think I am right but I do want to double check with the experts.  
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> I believe that the Planning Board has the authority to "waive" certain requirements within the Protective Zoning Bylaw as long as it is well documented and explained as to why it is of the best interest of our Town to waive that portion, unless, of course, it is required by Mass General Law.
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> Our specific situation in this case is that our Protective Zoning Bylaw has a Section called "Special Permits Issued by the Planning Board" that spells out the procedures to follow, the Decision process, conditions and safeguards, as well as items to review such as screening of services and parking, signs, access drives, off street parking, etc.  However, it also states in our Protective Zoning Bylaw under "Site Plan Review" that all Special Permits except for certain types requires a Site Plan Review.
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> We have a vacant building in a specific zone that will allow it to be a Auto Body shop by Special Permit by the Planning Board.  As a matter of fact, there has been an Auto Body Shop for many years in that location but now vacant and changing hands.  There will be no addition or deletions to the building or the lot.  They just want to re-certify the use as an Auto Body Shop.  I am hoping we can waive the requirement of a Site Plan review (but follow the process under "Special Permits Issued by the Planning Board") since the Site Plan Review process is very detailed and cumbersome for this type of situation with no changes being made.
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> Am I correct?
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> Bill Oelfke
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> Vice Chair, Shirley Planning Board
> 
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