HomeMy Public PortalAbout06-24-2014 KP letter moratorium_201406301115184334KOPELMAN AND PAIGE, P.C.
The Leader in Municipal Law
June 25, 2014
Hon. Mark S. Sideris and
Members of the Town Council
Watertown Administration Building
149 Main Street
Watertown, MA 02472
101 Arch Street
Boston, MA 02110
T: 617.556.0007
F: 617.654.1735
www.k-plaw.com
Mark R. Reich
mrelch@k-plaw.com
Re: Zoning Moratorium and Impacts upon Current Development Projects
Dear Members of the Town Council:
I am writing to correct a misstatement made at last night's Town Council meeting.
In the discussion of the petition submitted for a zoning moratorium, I indicated that certain
projects would have zoning protection exempting them from the application of the proposed
moratorium based upon the permitting status of those projects. This statement was made based upon
an incorrect understanding of the status of those projects.
Please be aware that the provisions of the Zoning Act, G.L. c. 40A, sec. 6 state in pertinent
part, "a zoning ordinance or by-law shall not apply to . . . a building or special permit issued before
the first publication of notice of the public hearing on such ordinance or by-law required by section
five, but shall apply to ... a building or special permit issued after the first notice of said public
hearing..." Thus, to the extent that the projects in question have not yet been granted special
permits, if the Planning Board publishes notice of its hearing on the petition on the proposed
moratorium before the granting of such special permits, the projects will be subject to the
moratorium if it is adopted. The project proponents may choose to proceed to seek permits and then
undertake the projects after the moratorium hearing notice is published, but they do so at the risk that
the moratorium will be adopted and will be applied against their projects. I apologize for my
misunderstanding of the status of those projects and the resulting misapplication of my opinion on
the question of zoning protection.
It is my understanding that one of the projects in question is the subject of a hearing tonight
before the Zoning Board of Appeals. Clearly, that hearing would not be impacted by the pendency
of the petition before the Town Council as the petition has not yet been submitted to the Planning
Board for review. The signatures accompanying the petition will be sent to the Town Clerk for
verification, after which the petition may be submitted to the Planning Board for review in
accordance with the requirements of G.L. c. 40A, sec. 5. The Zoning Board of Appeals hearing on
the specific project may proceed during the moratorium hearing process. If the special permit is
issued before a hearing notice on the moratorium is published, that project will have zoning
protection. If, however, the Planning Board publishes a hearing notice regarding the moratorium
Boston • Worcester • Northampton • Lenox
KOPELMAN AND PAIGE, P.C.
Hon. Mark S. Sideris and
Members of the Town Council
June 25, 2014
Page 2
prior to issuance of the special permit, the project will be subject to the moratorium if the
moratorium is adopted. A similar analysis may be applied to any project for which a building permit
or special permit has not yet been issued.
Again, I sincerely apologize for any confusion or misunderstanding which arose from my
statements at the Town Council meeting. I hope that the information above serves to clarify the
status of zoning protection during the pendency of a proposed zoning amendment.
Please contact me with any further questions.
Very truly yours,
Mark R. Reich
MRR/bp
cc: Town Manager
500924AVATR/0I03