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Zoning staff tells board: Dover amendment limited, use variances rare; special‑event vs. permanent paths differ
Summary
Town staff and board members debated whether the Lions Club should seek a select‑board special‑event permit, planning‑board site approval, or a use variance. Staff noted the Dover amendment (chapter 40A §3) is narrow and that Stow's bylaw lacks express language authorizing a use variance.
Town staff and zoning board members spent substantial time on the legal and procedural path for permitting mobile food vendors in Stow, outlining three distinct routes and the limits of each.
Staff noted the Dover amendment (chapter 40A §3) does not provide a blanket exemption for charities and applies mainly to nonprofit educational entities; a speaker who reviewed the statute said "charities are not considered to be exempt from the zoning act" except where statutory language applies. Staff further explained that Stow's zoning bylaw does not include explicit language authorizing a use variance and that case law and local counsel mean applicants are not entitled to a variance even if variance criteria could arguably be met.
Board members and staff distinguished special‑event permits (typically administered by the select board and used for one‑off events), Lower Village special permits and planning‑board site approval ( which can allow ongoing vendor locations in business districts), and use variances (which the board said have not historically been granted in Stow and require strict criteria). Staff also flagged that the MOU presented to the board contained no operational limits, which could permit daily operation in practice if the board or another body grants a broader authorization.
