A significant portion of the meeting was devoted to the situation involving an applicant named Addison, who sought to modify an expired special permit. The board had previously continued Addison’s hearing to acquire a legal opinion from town counsel. Upon receiving this feedback, the board focused on the challenges of reclassifying the property’s use from transient to long-term residency, a shift that raised legal and zoning concerns. A member expressed confusion about the definitions related to special permits, especially in how the property use was classified. The historical context of previous permits for hotel and motel use, which allowed kitchens but were designated for transient occupancy, was a key point of debate. The board questioned whether the current use fit within this classification or if it had evolved into a long-term residency situation.

Since Addison did not own the property at the time of the last renewal, the failure to renew the permit had implications for the current request. The board member suggested that Addison should withdraw the current application and submit a new one, citing the possibility that the current use might violate the zoning bylaw due to changes in the property’s nature since the last permit issuance.

The conversation about zoning classifications continued, highlighting the intricacies of the zoning bylaw, which did not explicitly provide for multifamily housing in the outlined commercial district. The board emphasized the importance of clarity in the application. The applicant was encouraged to seek assistance from someone with zoning experience to navigate these complexities.

A suggestion was made to waive the application fees to facilitate resolution, acknowledging the challenges faced by the applicant. The board member reiterated that the determination of whether a use was “not more detrimental” must align with zoning bylaws and consider the impact on the neighborhood and town. Addison was prompted to seek expert guidance to frame arguments effectively, as community benefits like increased affordability and reduced traffic might not carry weight in zoning considerations.

The dialogue further explored the necessity for a new special permit, with one participant expressing confusion over the need given the flawed nature of the existing permit. The possibility of designating the properties as “cottages” rather than multifamily units was discussed, though the board cautioned against misinterpretation, stressing that zoning regulations still applied. The focus remained on ensuring that the proposed use would not be more detrimental than the existing use.

Concerns about increased activity, traffic, and the capacity of the lot to accommodate multiple residents were also raised. The board acknowledged that existing bylaws permit one dwelling per lot, which complicated the current application. The potential for increased neighborhood activity and how it could affect community stability were significant considerations in the board’s deliberations.

Ultimately, the board reached a consensus that Addison should officially withdraw the current application to allow for a future reapplication as a new special permit rather than a modification of the existing request. A motion was made to accept the withdrawal of the application pending a written request, and another to waive the application fee for the forthcoming application, both receiving unanimous approval.