The repairs to the dock, undertaken in December 2016 without the required review by the Planning Board, ended the grandfathered nonconforming use status of the dock operations and triggered the need to seek a conditional use permit from the Planning Board. Much of the discussion of the project by the Planning Board has focused on the dock, dealing with such issues of hours of operation, number of trucks, screening stockpiled material, and traffic at the Broad Street railroad crossing. There hasn't been as much talk about the haul road itself, but perhaps there should have been. The South Bay Coalition is now questioning if the new route of the haul road through South Bay doesn't require a variance because it deviates from the Core Riverfront District and encroaches into the Recreation Conservation (R-C) District.
On the map above, created by the South Bay Coalition, the green line shows the Core Riverfront (C-R) District as it extends through South Bay from the dock area to Route 9G. This is the corridor that the Zoning Board of Appeals decided was correct when asked to determine the exact boundaries of the C-R District. The pink shows where the proposed haul road deviates from the C-R District and encroaches into the Recreation Conservation (R-C) District. It would appear that, before there can be a public hearing by the Planning Board, the project needs a use variance from the ZBA, because such industrial hauling is not a permitted use in the R-C District.
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