[Massplanners] Site Plan Review and Dover

[Nipun Jain]

Uses that are afforded protection under the Dover Amendment can be sufficiently regulated provided your zoning ordinance has the appropriate language regarding the permitting process/development standards for such uses. Generally, the following two items are the guiding principles in reviewing development plans for such protected uses.


  *   ..."that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements."



  *   "The burden remains with the applicant to prove that such regulation of its proposed religious or educational use is unreasonable".

See guidance from MMA -
https://www.mma.org/dover-amendment-can-present-challenges-for-cities-towns/

In your specific case, what will be the impact of the proposed expansion? What concerns are being raised by abutters? What would be the potential harm to an affected party due to the proposed expansion - visual impact, light and air, view etc.

We have applied the full extent of site plan review standards in our community to such uses when we have a new development proposal. If it is a minor change, we take a more informal/administrative approach unless the impact are significant.

NIPUN JAIN
Director of Planning
T (978) 388-8110
C (978) 270-9873


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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Ryan Christenberry via MassPlanners
Sent: Wednesday, June 14, 2023 1:29 PM
To: Hurley, Margaret (AGO) via MassPlanners <massplanners at masscptc.org>
Subject: [Massplanners] Site Plan Review and Dover

I'm looking for other's experiences in applying site plan review standards for uses protected by Dover.  In my specific case, a Church proposing a 1,000 sf +/- addition to improve ADA accessibility technically constitutes an expansion of the use under the letter of the bylaw and triggers our site plan review process.  Thoughts?
Thanks very much,
Ryan

Ryan Christenberry
Principal Planner | Town of Chatham
508.945.5168
774.670.4324 (Direct)


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