Board seeks Town Attorney opinion on 2026 daycare separation requirement before proceeding with Stewart’s application
Summary
Board members asked for a written opinion on whether the 2026 bylaws' 500-foot separation between gas stations and daycare facilities applies to the Stewart’s Shops redevelopment, and agreed to defer further action until clarification is received.
During review of Application 26-009, the Board discussed whether the project should be reviewed under the 2021 or 2026 bylaws. The 2026 bylaws include a 500-foot separation requirement between gas stations and daycare facilities, and Norm Smith said the daycare issue was a significant concern. Board members questioned whether a previously permitted daycare that is not currently operating should affect the application; Shane Lawrence said the daycare his family uses expected to reopen in September.
Members asked for a written opinion from the Town Attorney to resolve the question of which bylaws apply and whether the separation requirement can be waived. The board agreed more information and legal guidance are needed before proceeding and continued the hearing to the next meeting.
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