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Board debates whether Rice athletic additions expand a nonconforming school use
Summary
Board members questioned whether adding bleachers, a press-box/concession building and tennis courts would constitute an enlargement of a nonconforming educational facility use; some members called for caution while staff argued the features are accessory to the school's educational function.
Board members spent substantial time considering whether the Rice Memorial High School proposal represents an expansion or merely accessory improvements to a nonconforming educational facility. One board member expressed concern that the test focused solely on whether enrollment would increase, arguing that large new structures could nonetheless alter the site and set a precedent for other nonconforming properties.
Other board members and staff said the appropriate test is whether the proposed work changes the core functions or programs of the school. As one committee member put it, adding a vocational program (for example, an auto shop) that materially changes curriculum would be an expansion; installing tennis courts, bleachers and a storage shed was characterized by staff and other members as accessory to educational activities. The board did not make a final determination at this hearing and will consider the seven nonconforming-use criteria against the specific plans as the application proceeds.
