ABSTRACT
This is a discussion of issues arising in the course of drafting an application. The accompanying CD has the text of a real application (see filename Commercial Application Sample.doc), ready for you to open as a Microsoft Word file and modify using your word processor. As you go through the process of preparing a permit application, there are a few overarching things to remember:
Only submit material that is relevant to your situation and your application.
Argue and use preemption where it is available to you. Do not over argue preemption (i.e., try to convince a Code Enforcement Officer or Board that a preemption protects you to a greater extent than can be justified).
Tell the Code Enforcement Officer or Board what does not apply and what does apply.
Be sure that you understand that you may face up to four sets of rules: (1) criteria that apply to any and all building permit applications, such as setback and minimum or “required” yards; (2) criteria under a special portion of the ordinance drafted for towers or “wireless communications facilities”; (3) a completely separate set of criteria that apply to any and all applications for a Special Permit; and (4) criteria for site plan review. If you haven’t dealt with all four, you have not assembled a complete application.
Answer every question. Don’t leave anything blank. If the bylaw asks for traffic impacts, do not write “N/A” or “not applicable.” Instead, write whatever is true, such as, “The Applicant anticipates that the site will be visited approximately three times per month by one vehicle, for maintenance purposes.”
If a criterion poses an impossible burden, do not ignore it. Just ask that it be waived, and give a reason. Here’s an example. Suppose that the ordinance was drafted thinking that a typical cell phone site is 75 × 75 feet, and it asks for 2-foot contour lines “for the entire property.” But, you’ve leased 1 acre on a 900-acre farm. Here’s a suggested response: “The Applicant has provided 2-foot contour lines for the leased area, and asks for a waiver of this requirement with respect to contour lines for the entire property, which includes 899 acres of unaffected land. The Applicant has, however, included a portion of a USGS map depicting the neighborhood.”
