Recent zoning ruling has Cape building officials baffled | CapeCodOnline.com

Recent zoning ruling has Cape building officials baffled | CapeCodOnline.com.

Two interesting cases, no real impact on Dennis.  The original case, known as the Gale decision suggested that, if you had one non-conformity a Board of Appeals could grant a Special Permit that created a new non-conformity.  The newer decision, Deadrick, takes the opposite approach.

Why I say no real impact on Dennis is, we adopted specific findings that the Board of Appeals is required to make in certain circumstances which specifically address these issues. In Dennis, the Zoning By-law specifically requires a finding, under the Special Permit criteria, that a creation of a new non-conformity where one presently does not exist is to be found “substantially more detrimental.” Thus, the Dennis Zoning, long before Gale, had provided specific protections against Special Permit requests to create a new non-conformity.

Nice to be ahead of the game!

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s