GREENFIELD — The Planning Board has approved zoning amendments in an effort to clarify how “Educational, Religious and Charitable Uses” are exempt from zoning regulations under the Dover Amendment.
With an affirmative vote from the Planning Board, the changes will now go to City Council for final review and approval.
The Dover Amendment is a section of Massachusetts General Law stating that land that is used for educational or religious purposes is exempt from some levels of local regulation. Over the years, the amendment has also been used to exempt other land uses that are prioritized by the state government — such as solar energy and accessory dwelling units — from local restrictions.
The state law does allow municipalities to allow “reasonable” restrictions, however, such as regulating building height, setbacks and parking.
Planning Director Ella Wise told the board on Thursday that the draft zoning revisions were inspired by Springfield’s zoning code, and primarily aim to explain what land uses are allowed and what applicants need to do to prove they are eligible for exemption.
“There’s not actually a substantive change, but it refers to the Dover Amendment and why it’s allowed in all those districts,” Wise said.
Under the previous zoning code, the “use table” noted that educational or religious uses were exempt, and showed a “Y” to indicate that the uses were allowed in all zoning districts. With the approved amendment, the “Y” will become a “D” to indicate that the uses are allowed because of the Dover Amendment.
Private schools remain non-exempt and require a special permit; however, home day cares will now be allowed under the Dover Amendment in all districts. Previously, home day cares were permitted by special permit in suburban, urban and rural residential districts, and by right in semi-residential and health service zones.
In a memo to the Planning Board, Wise added that while the definitions will not be changed, the zoning revisions would add a section “about how an applicant would
demonstrate its qualifications for the Dover exemption and would require a modified site plan review for those uses.”
Under state law, municipalities can require a site plan review for properties where the land use is protected under the Dover Amendment, but cannot require a special permit.
The zoning amendment states that to prove an applicant is eligible to be exempt, they may be asked to submit “copies of the deed to the property, a proposed or existing lease, the articles of organization and bylaws of the applicant organization, the letter of determination granting the applicant tax-exempt status under the Internal Revenue Code, and program materials demonstrating, in the case of an exempt educational institution, that the organization has a bona fide educational purpose and program.”
“I think it’s very well-done, very well-presented,” commented David Singer, who chairs the Zoning Board of Appeals and had suggested the need for amendments due to inquiries from applicants about whether their land use proposals fall under the Dover Amendment. “I think it’s gonna go a long way toward clarifying this issue.”
