Planning Board minutes 1989-12-04

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Minutes for the Meeting of December 4, 1989 3 { ****************** ARTICLES FOR THE 1990 TOWN MEETING *********************** 288. Outline of Draft Articles Technical Corrections: The Board discussed a list of proposed revisions to the Zoning By-Law, dated 11-15-89, and prepared by Zoning Officer Joseph Marino, which contains his suggestions for technical changes to the Zoning By- Law. They reviewed Item 5, which would revise Section 4 Table 1, line 2.12, by changing SP and SPS to Y, and by adding the word "educational" after the words "non-profit" to line 2.13. In response to a question, Mr. Bowyer commented this would bring the Zoning By-Law into compliance with recent court rulings and with Section 3 of Chapter 40A, which says towns may not restrict or regulate the use of land or structures for religious or educational purposes. Mrs. Uhrig questioned whether these revisions might not be premature. Mr. Sorensen noted the Town has already issued a building permit for the Montesorri School without a special permit being granted, as is currently required by the Zoning By-Law. He felt the Town should follow the By-Law until it is changed and that any one who wishes to challenge the present language in the By-Law should file an appeal. Associate Member. Planning Board: The Board discussed whether they wish to 1 draft an article establishing the position of associate member to the Planning Board when it acts as the Special Permit Granting Authority. They agreed to defer this article until next year. Bed and Breakfast: Mr. Bowyer reported he contacted the APA Reference Service in Chicago, and the material he has requested on Bed and Breakfasts is in the mail. He felt the technical draftsmanship of an article would not be too difficult, but that the decisions as to what provisions the Board will wish to include in the article make take more time. The Board agreed to wait for the arrival of the material from APA and not to make a final decision tonight on whether to continue work on this article. Change of Use. Following a Change in Ownership: Mr. Sorensen explained that the article he proposes would make clear that a new special permit is required when there is a change of use with a change of ownership, where the new use can not meet the requirements of the existing special permit. He recommended the Board consider an amendment to Section 4.1.8 to clarify this point. The Board agreed this amendment would be included under the Board's Technical Correction Article. Accessory Building or Use: Storage of Fuel: The Board discussed this article, filed by registered voters last July, which would prohibit the sale of propane tanks as an accessory use for a principal business. They agree the article was flawed, but had been properly filed for the 1990 Town Meeting. Mr. Sorensen will confer with the petitioners to see about withdrawing and refiling a technically correct article that accomplishes their goals. J