Board approves change to limit preexisting nonconforming status, adds ZBA special-permit review for ground cover increases
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Summary
The board approved amendments to prevent newly created lots from acquiring preexisting nonconforming status and to require ZBA special permits for alterations that increase ground cover; the applicant Emily Moulden said the revised language achieves her original intent.
The Planning Board voted to send a positive recommendation for an amendment that removes automatic preexisting nonconforming status for newly created lots and requires Zoning Board of Appeals (ZBA) special-permit review for any alteration that increases ground cover beyond what existed at the time of division.
Planning Department staffer Meg Trudell told the board the revised motion incorporates language worked out with town counsel to achieve the article's intent and to make it legally sound. Trudell said the change "does do that" — meaning it protects the original lot from automatically gaining nonconforming rights for new lots — and explained that when a structure is altered beyond current extent, "it will need a special permit by the ZBA." Trudell also explained the ground-cover allocation: a site's preexisting ground-cover limit (for example, 40 percent) is spread across the original and newly created lots rather than giving the new lot a fresh allowance.
Emily Moulden, the article sponsor, told the board she is "completely okay with these changes" and thanked staff for working through the language with town counsel. Board members asked for clarifications about how ground cover is allocated and confirmed that the amendment removes preexisting nonconforming status while still allowing by-right development up to the existing allocation; any increase in ground cover requires ZBA review and public notice.
The board closed the public hearing and voted to send a positive recommendation; the motion requires a two-thirds vote at town meeting. Staff noted town counsel (Amy Kressel at KP) and other attorneys reviewed iterations to ensure legal clarity.
