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Braintree adds site-plan review for projects invoking Dover Amendment and clarifies ADU rule
Summary
The Town of Braintree unanimously adopted a zoning text amendment requiring site-plan review when applicants invoke M.G.L. c.48, s.3 (the Dover Amendment) and clarified that accessory dwelling units (ADUs) remain governed by the town's ADU bylaw.
The Town of Braintree council on Tuesday unanimously approved a zoning text amendment that adds a site-plan review process for proposed uses that invoke the Dover Amendment, and clarified that accessory dwelling units (ADUs) will remain governed by the townADU bylaw.
Planning Director Maschak told the council the amendment is intended to create a public site-plan review step for "exempt uses" protected under the Dover Amendment so abutters are notified and the planning board may apply "reasonable restrictions." "And that is to protect religious and educational institutions," the director said in explaining the statute the change addresses.
The change came after a unanimous favorable recommendation from the ordinance and rules committee. Councilor Bridal offered a clarifying amendment to read that site-plan review "shall not be applicable to any municipally owned or operated preschool, elementary school, middle school or high school," and to restate that ADUs "shall be governed by section 135-6-18 of the Braintree zoning bylaws." The council voted to adopt the amendment and then voted to accept the ordinance as amended; both votes were unanimous.
Why it matters: Municipal leaders said the addition gives the planning board an explicit mechanism to review proposals that currently claim exemption under M.G.L. c.48, s.3 so the board can consider bulk, height, setbacks, parking and other ‘‘reasonable restrictions'' pulled from case law. Supporters said the change preserves institutional expansion rights while creating a predictable public-review pathway for abutters.
Councilor Quilty said the amendment "adds balance to the current law," and committee members said the language was drafted with town counsel as a sounding board.
The amendment text references M.G.L. c.48, s.3 (the Dover Amendment) and the townADU bylaw (section 135-6-18). The council will publish the final amended ordinance in the official minutes and the town zoning code.
