Variances – Library and High School

Both the library and the high school need zoning relief in order to proceed with their projects.  In both cases, if the relief is/was denied, the project cannot go forward.  Both projects are Dover Amendment projects.  However, the ZBA quickly and without hesitation gave the High School the needed relief at the end of one meeting and without repeated unjustified inquiries into why the zoning requirements could not be met.  Here, however, the ZBA did not give relief to the library after 3 meetings and repeated examinations and explanations, including from the state granting authority, of why the zoning requirements could not be met.  The ZBA has even sought to examine and review the State program and grant approval parameters.

The below table identifies lot coverage zoning relief needed:

The High School decision states: “…the Applicant has met the requirements for the granting of lot dimensional relief from the dimensional requirements of the Sharon zoning bylaw for the proposed new Sharon High School.”

 Under the Dover Amendment, a State law which supersedes Town law, the relief should have been, and was, ­­ granted for the High School project. For the library, however, the ZBA has repeatedly refused to grant relief or even acknowledge its obligation under State law to do so.

Below are the votes that were taken at the only meeting for the High School, and the 3^rd meeting of the library:

High School:

Approve the parking space size per section 3113, with votes to be taken individually. Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss).

Approve the number of parking spaces as provided in the drawing, section 3111. Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss).

Approve the Maximum Allowed Building Height, Section 2425 relief at the entrance and the auditorium area. Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss). Regulation 35 Ft. High School 44 Ft.

Motion to approve the percentage lot coverage relief per section 2425 Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss). Regulation 15% High School 26%

Approve relief being asked per vegetative cover section 2423. Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss).

Approve the relief being asked in terms of the number of loading bays per section 3133. Mr. Garber seconded. Unanimously approved 3-0-0 (Brahmachari, Garber, Weiss). Regulation 6 High School 4

Library:  (Note:  special permit items are defined in the zoning bylaw with requirements for obtaining the special permit.  The library over and above met those requirements and the zoning board did not present any information as to what requirements were lacking)

Minimum lot area, Section 4533, Special Permit, S4540, 4521 Board denied 2-0-1 Brahmachari aye; Garber nay; Weiss; aye.

Minimum front yard, Section 2434, Variance, S6222 Board denied the motion 0-0-3 (Brahmachari nay; Garber nay; Weiss nay) Regulation 50 ft. Library 30ft.

Percentage lot coverage, Section 2433, Variance S6222 Board Denied the motion 0-0-3 (Brahmachari nay; Garber nay; Weiss nay) Regulation 25% Library 32%

Percentage lot coverages, Section 4535, Special Permit, S4540, 4521 Board denied the motion 2- 0-1 (Brahmachari aye; Garber nay; Weiss Aye)

Natural vegetative cover, Section 4535, Special Permit, S4540, 4521 Board approved the motion 3-0-0 (Brahmachari aye; Garber aye; Weiss aye)