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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