Your Smile LLC sought recognition of its dental office as a legal nonconforming use, arguing that the dental practice predated the zone change. The property, acquired by Dr. F in 1997, has been continuously operated as a dental office since its acquisition, despite the 2012 zoning amendment to a single family SF Zone, which would render the current use as not permitted. The applicant’s attorney presented historical documentation, including a site plan waiver from 1992 and a certificate of occupancy from 1998, to substantiate the claim that the property’s use as an office building was established and ongoing prior to the zoning change. The board reviewed these documents and heard testimony from Dr. F regarding the continuous operation of the dental practice. After deliberation, the board motioned to close the public portion of the meeting.

Another discussion involved a separate Main Street property, which has functioned as a four-family home since 1978. The applicant sought a certificate for this pre-existing non-conforming use in order to facilitate the sale of the property. The board emphasized the need for historical information to substantiate the claim of continuous use as a four-family home in light of past zoning regulations. The applicant was instructed on the necessity of a survey and a title search to provide complete documentation for the board’s consideration.

The meeting also focused on the revision of the applicant checklist, a critical tool for streamlining the application process and ensuring compliance with all necessary permits and regulations. The board discussed the checklist’s requirements, including the provision of hard copies and electronic files, certifications from the water and sewer departments, and completion of a section for waivers. The inclusion of stormwater management and water line items was highlighted, with the debate centering on the board’s authority to require applicants to begin the application process with the Department of Environmental Protection for completeness. The checklist was deemed essential in decision-making, with the board advocating for a review process.

Additionally, the board deliberated on the need to update the town’s list of trees, a task that will be undertaken in collaboration with the environmental and shade tree commissions. The current list has not been revised in over two decades, and there is a push to include more native hardwoods and landscaping-friendly options.

The discussions extended to the legal and practical implications of the checklist and the requirements for completeness. The board acknowledged limitations on what can be legally required and discussed the practicality of expecting responses from various departments, such as the fire and police departments, before scheduling hearings.

In terms of procedural topics, the board considered the schedule for future resolutions and applications. There was also a call for an audit of the bills.