After months: Decision made on lakefront buildings

SALISBURY — The Planning and Zoning Commission voted on Tuesday, Oct. 4, to abolish special permits for vertical expansion of nonconforming buildings in the LA zone, which includes Lake Wononscopomuc.The unanimous vote brings to an end a lengthy process that began in the summer of 2010 with a petition from the Lake Wononscopomuc Association (made of property owners along the lakeshore) to ban special building permits in the Lake Protection Overlay Zone.The full commission was present for the meeting Oct. 4.The commission agreed that special permits are not variances (a subject of discussion earlier in the process) and the commission has the authority to issue them.Planning and Zoning Chairman Michael Klemens reiterated a legal opinion from the commission’s attorney, Chuck Andres,on whether the proposed zoning amendment to abolish special permits for the vertical expansion of nonconforming structures in the whole town could be modified after the public hearing. (Public comment at the two-stage hearing was mostly against the amendment.)The commission also decided that adding vertically (up or down) to a nonconforming structure increases nonconformity.The commission first voted 5-0, to approve the first three paragraphs of Subsection 1004 of the regulations, which define nonconformity and prohibit expansion that would allow a structure to occupy a greater area, including a vertical expansion, that would increase a property’s nonconformity.Then the commissioners got to paragraph four, which concerns special permits.That section was amended to read: “Except in the LA zone, subject to the approval of a special permit, the commission may approve second-story additions or other vertical additions or other additions to the height and bulk of that portion of a residential building which is nonconforming in terms of miniumum yard requirements.” There are special provisions. The addition must be “compatible with the existing building in terms of architecture, materials and appearance.” It must not “project into the required minimum yard any further than the existing building foundation or building facade.” And the commission must take “into consideration the degree of the existing nonconformity.”In other words ...In other words, except in the LA zone (including Lake Wononscopomuc), someone wishing to expand a nonconforming building may still apply for a special permit.The decision does not affect the other lake areas in town. Klemens noted that while a majority (but not everyone) in the Lake Wononscopomuc area wanted to abolish the special permits, he had not heard much about the issue, pro or con, from property owners around Twin Lakes or Long Pond.Planning and Zoning member Jon Higgins said he had changed his mind on the issue and was in favor of the new language. He also said he thought it better to consider the lake areas separately.“Lake Wononscopomuc is completely different from Twin Lakes,” he said, adding his opinion that special permits granted in the latter area had worked out well.