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

[Bob Mitchell]

Greetings from one of the "Bobs"🙂. Regarding the ability to "waive"
provisions of a zoning bylaw/ordinance, Jeff and Richard are correct. There
needs to be specific language in the Bylaw as to what provisions can be
"waived" by a board (planning or zoning board.), under what
circumstances,or by what criteria. There is no "blanket" authority to do so.

It is very common that towns have language in the site plan review and/or
their special permit sections that allow for board waivers, especially for
submission requirements, including whether a submission is needed in
certain circumstances or not. Other common waivers you may see in bylaws
include topics as parking requirements, or landscaping requirements etc.

As an aside, many communities have a two-tiered site plan review process,
with a "Minor SPR" procedure for small projects with few or no impacts. A
Minor procedure would require much less in the way of submission
requirements and may also offer a shorter review timeline. Large projects
would go through the "Major SPR" process. If your SPR procedure is so
cumbersome, you might consider revising it, and/or adopting a two-tiered
system.

Without knowing all of the details and specifics of the auto body shop
situation, Jeff's and Richard's questions are appropriate to consider in
deciding how to proceed.

Bob Mitchell FAICP
Planning Consultant
Land Use, Planning, Zoning, & Training Programs
151 Tremont Street Suite 23A
Boston, MA 02111
617-512-9751 (c)
MitchellFAICP at gmail.com



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
> --
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> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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