[Massplanners] non-exempt educational uses

[Joseph Iadonisi]

Hi Stephen,
As other planners have mentioned, I agree think the distinction is in what MGL  40A, § 3 exempts and can provide a Dover Waiver for- nonprofit educational and religious uses.
Something that might be useful to mention, here in Newton, our Long Range planners and Chief Zoning Official created a "Personal Instruction" use that captures most of educational uses we previously put in the "For-Profit Education" use. Maybe it is not the case in other municipalities, but that "For Profit Education" use, which I assume is similar to non-exempt educational uses, was really broad. In Newton, this captured a lot of small businesses such as karate studios, music schools, and tutors, so they created the "Personal Instruction" use that is allowed by right and defined as follows:
"Defined. Uses that provide a variety of services associated with learning and training.

  1.  This includes but is not limited to tutoring, driving instruction, coding instruction, cooking instruction, music lessons, dancing lessons, martial arts lessons, art lessons, and test prep classes. Personal instruction shall not include Educational Uses."
Hope this helps!

Sincerely,
Joe Iadonisi
Senior Planner
Department of Planning and Development
City of Newton, MA
617-796-1140
Pronouns: He/Him/His



From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Stephen Wallace via MassPlanners
Sent: Thursday, October 17, 2024 8:37 AM
To: massplanners at masscptc.org
Subject: [Massplanners] non-exempt educational uses


[DO NOT OPEN  links/attachments unless you are sure the content is safe. ]
Dear Hive Mind:

In our zoning bylaw's table of uses is something called "non-exempt educational uses", yet we don't have a definition for this use.

Do any of your zoning bylaws have a definition for what constitutes a non-exempt educational use?  Can you think of some examples of what would qualify as such?

Thanks

Stephen Wallace
Town Planner
Phone: 978-422-8111,  Extension 2320
Email: swallace at sterling-ma.gov<mailto:swallace at sterling-ma.gov>

Butterick Municipal Building
1 Park Street
Room 202
Sterling, MA 01564


When writing or responding, please be aware that the Massachusetts Secretary of the Commonwealth has determined that most email is a public record and, therefore, may not be kept confidential.  However, the preceding email message (including any attachments) contains information that may, under specific circumstances, be confidential, may be protected by law or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.


When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20241017/66ff416a/attachment.htm>