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

[Richard Harris]

I would agree with Jeff Lacey, you can only grant a waiver if the Zoning
Bylaw explicitly gives you that authority. A quick review of the Zoning
Bylaw did not indicate any authority to waive any provision of the Site
Plan Review requirements. I would also agree that the requirements laid out
in the Bylaws appear to be rather detailed and potentially cumbersome for a
small project. You might want to consider incorporating a waiver provision
and take some of the detailed application and plan requirements out of the
Bylaw and put them into Planning Board Rules and Regulations.

I also have the same questions as Jeff as to the pre-existing nonconforming
status. It may well be that the use can continue as a pre-existing
nonconforming use. If the use has not been "abandoned" (not idle for 2
years), it would seem that Section 2.4 of your Bylaws would allow it to
continue.



Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Fri, Feb 11, 2022 at 12:02 PM clerk via MassPlanners <
massplanners at masscptc.org> wrote:

> 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.
>
>
> 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.
>
>
> 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.
>
>
> 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.
>
>
> Am I correct?
>
>
> Bill Oelfke
>
> Vice Chair, Shirley Planning Board
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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