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Planning Board backs zoning change to require site-plan review for some exempt uses and forwards favorable recommendation to council
Summary
The Planning Board voted to send a favorable recommendation to Town Council on Ordinance 25‑070, which would clarify that projects claiming protection under the Dover amendment still must complete a limited site-plan review focused on life-safety and bulk/parking issues. Some attorneys urged caution about unintended effects on daycare and religious uses.
The Planning Board voted to recommend that Town Council adopt Ordinance 25‑070, a zoning-text amendment that would add language clarifying that site-plan review is required prior to issuance of building permits for new structures, alterations or change of use even when an applicant claims exemption under what staff called 'master general law section 3' (the Dover amendment).
Planning staff said the text change is intended to bring bylaw language in line with comparator communities and to ensure the town can impose reasonable regulations—bulk, height, setbacks, parking and other site-related conditions—so exempt uses still proceed without creating life-safety or infrastructure problems. Attorney Michael Modestino, representing Hawthorne Preserve and Judge Clements, asked the board to review the language carefully to avoid making it harder for daycare or church uses to open and to ensure reasonable regulatory limits remain.
After discussion, Member Kent moved that the board send a favorable recommendation to council; Member Connolly seconded and the motion passed by voice vote. The record includes Modestino’s caution; staff and several board members said the change merely clarifies an existing process and that the board’s ability to limit conditions remains constrained by state law.
