HomeMy WebLinkAboutClass II request in WBVD1
Scalia, Michael
From:Anderson, Robin
Sent:Tuesday, October 25, 2022 3:52 PM
To:Florence, Brian
Subject:FW: Class II Request in WBVD
From: Florence, Brian
Sent: Tuesday, March 5, 2019 12:33 PM
To: Anderson, Robin
Subject: RE: Class II Request in WBVD
Hi…
I didn’t see a question for me in your email. If you are asking me if they can reestablish an MV sales Use that has
potentially been abandoned I would say that it is their burden to prove that it has or has not. If I were to speak to Mr.
Gomes I would advise him to contact a land use attorney and ask them demonstrate that he has a right to the
Use. Otherwise, I am going to err on the side of caution and say no and refer them to the ZBA.
I hope that answers your question….if not, let’s talk.
-Brian
From: Anderson, Robin
Sent: Tuesday, March 5, 2019 11:58 AM
To: Florence, Brian
Subject: Class II Request in WBVD
Brian,
Taylor Gomes called concerning obtaining a Class II license at 970 Main St, WB. This is the site of an auto body repair
shop that previously had a Class II but that use has ceased at least 2 years ago (but likely longer). This proposal would
mean starting over with a Class II proposal but they would continue the auto body repair. The location is in the
WBVBD which is silent on retail sales of mv. I saw mention of repair but not sales in the definition section. I included
some of the language below for your convenience but the section is 240-20.
1. Principal permitted uses.
(a)
Single-family residential dwelling. A single-family residential dwelling may be freestanding or attached
to a building also used for nonresidential uses. More than one single-family residential dwelling per lot
is permitted as long as there is a minimum of one acre per single-family dwelling, but in no case will
more than one principal permitted single-family residential dwelling be contained in any one building.
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(b)
Small-scale retail store.
(c)
Professional, business or medical office.
(d)
Office of a bank, credit union, savings and loan or other financial institution.
(2)
Accessory uses. The following uses are permitted as accessory uses in the WBVBD:
(a)
Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to
the provisions of § 240-11C(6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms
shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall
be required in the WBVBD. For the purposes of this section, children under the age of 12 years shall
not be considered in the total number of guests.
(b)
Automated banking facilities (ATM) shall be located within a principal building and shall not be
accessed from the exterior of the building.
1. Special permit uses. The following uses are permitted, provided that a special permit is first obtained
from the Special Permit Granting Authority(SPGA) subject to the provisions of § 240-125C herein and
subject to the specific standards for such uses as required in this section:
(a)
Artisans and craftspeople.
(b)
Personal service business.
(c)
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Windmills and other devices for the conversion of wind energy to electrical or mechanical energy
subject to the provisions of § 240-44.1.
(4)
Special permit performance standards. In addition to the standards for the grant of a special permit set
forth in § 240-125C, the grant of any special permit within the WBVBD requires findings to support that
the development meets the following criteria:
(a)
Is compatible with and supports the purpose and intent of this section.
(b)
Mitigates impacts to safety and congestion from development.
(c)
Protects and preserves water supply for both drinking water and fire protection.
(d)
Storm water shall be contained on site and mitigated using best management practices.
Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another
nonconforming use is prohibited notwithstanding the provisions of § 240-94A. A nonconforming use shall only
be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the
grant of a special permit pursuant to § 240-20B(3) and (4) herein.
Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small
retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial
buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages
for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall
not include drive-through window service
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Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and
households. Such establishments include barbershop, beauty salon, clothing repair or seamstress shop, shoe
repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village
environments such as check cashing services, fortune tellers, psychics, palm readers and similar services, spas
and hot tubs for rent, tanning, piercing and similar services are prohibited.
Please advise.
R