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Planning Board seeks to regularize zoning bylaw language across 22 provisions
Summary
Board members proposed a focused warrant article to regularize inconsistent wording used in multiple sections of the zoning bylaw regarding findings for relief; staff will consult town counsel and the Board of Appeals before refining language for submission.
On Sept. 17 the Planning Board reviewed a proposed housekeeping amendment that would regularize language used across roughly 22 places in the zoning bylaw where boards make findings regarding relief from dimensional or substantive requirements.
The issue: Members flagged inconsistent phrasing — including references to "no reasonable alternatives available" and varied uses of the word "relief" versus "waiver" — that could create confusion for applicants, the Board of Appeals and future reviewers. One board member proposed making the language uniform and removing the word "reasonable," which several members described as legally and rhetorically "squishy." The proposed change is intended to make standards easier to apply and to reduce litigation risk or inconsistent practice.
Process and cautions: Staff will float the proposal to town council and the Board of Appeals for feedback before preparing a warrant article. Members noted that some instances are constrained by state law (for example, variance language) and other instances may need more contextual edits because cross‑references and numbering in the bylaw must be handled carefully.
Next steps: Staff will coordinate with town counsel and the zoning board of appeals, refine draft language, and determine whether to split the work into a consent-calendar-friendly set of grammatical corrections and a second, more substantive article for changes that modify meaning.
