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Plaistow Planning Board posts package of zoning amendments for Dec. 18 public hearing
Summary
The board voted to post a series of zoning-ordinance amendments — including a housekeeping renumbering (Z25-1), changes to application and definition sections, conditional-use provisions (Z25-7), and homestead-food language — for public hearing, targeting Dec. 18 and noting required noticing deadlines.
The Plaistow Planning Board on Dec. 20 voted to post a package of zoning-ordinance amendments for public hearing, targeting Dec. 18 for the first hearing.
Planning staff presented a sequence of amendments that counsel had reviewed. Dan Kane (Planning staff) described Z25-1 as primarily housekeeping to renumber sections, consolidate severability and effective-date language, and correct statutory citations without changing substantive intent. “This is pure housekeeping,” Kane said. The board approved posting Z25-1 for public hearing.
The board also advanced several other amendments for posting, including language that clarifies definitions (Z25-2/Z25-4), temporary uses and structures, provisions to allow homestead-food activity consistent with state homestead-food categories, and Z25-7, which would add conditional-use permit procedures to allow certain uses subject to planning-board conditions (for example, some home-business or home-occupation activities).
Members debated a proposed clause that would authorize the board to require applicants to participate in preliminary conceptual or design review for certain complex applications. Several members expressed concern that the word "require" could run afoul of timing rules — notably the 65-day statutory review clock — and preferred a softer approach that would either recommend conceptual review or add a checkbox to the application asking whether an applicant wants a conceptual review. The board favored moving the procedural language into application materials or the rules of procedure rather than using mandatory zoning language.
Health and enforcement issues were also flagged: the proposed homestead-food language would allow certain low-risk home-prepared foods consistent with state categories, but board members noted apparent inconsistencies with existing town health ordinance language and agreed to consult the town health officer and select board and to have counsel review the overlap.
Chair (unnamed) said the board would circulate counsel’s comments by email and aim to have amendment texts in warrant-article form by Dec. 6 to meet notice requirements for a Dec. 18 hearing. The board discussed logistics for December meetings and agreed to meet 30 minutes earlier on Dec. 4 to handle warrant-article business before an advertised wetlands hearing.
