Hearing Aug. 9 on zoning rules

SALISBURY — The next chapter in the Planning and Zoning Commission’s ongoing discussion over lakefront property is Tuesday, Aug. 9, at 6:30 p.m., with a public hearing on a proposed change to the zoning regulations governing expansion of nonconforming structures.The amendment would eliminate special permits for the enlargement of nonconforming buildings altogether, for the entire town.The story began with a zoning text amendment proposed by the Lake Wononscopomuc Association last year. The association’s amendment would have prohibited expansion of nonconforming homes in the Lake Protection Overlay Zone (which extends to 300 feet from the water) and eliminated the special permit process that currently governs such properties.The amendment has been the subject of numerous meetings, hearings and one previous negative vote, on Nov. 16, 2010. The commission’s own version failed in a vote June 21 in its presented form — covering 300 feet from the water, and a second time, in a version covering 75 feet from the water.Planning and Zoning Chairman Michael Klemens voted for the 300-foot version and against the 75-foot version, which surprised fellow commissioners and the public.Klemens has since explained that he believes that “this particular type of special permit, one that is granting relief from our own zoning regulations, is in fact a variance masquerading under the guise of a special permit.”Klemens concluded that the commission’s special permit process is more properly the job of the Zoning Board of Appeals — “the body specifically charged with granting relief from our zoning regulations using a variety of hardship litmus tests.”

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