[Massplanners] Use Variance

[Slagle, Eric]

Joe,

I think that once the new, allowed use begins and is continued for more than 2 years, the use that was the subject of the variance has been abandoned, and would require a new variance to be restored.

R. Eric Slagle | Director
Division of Development Services
Department of Planning and Development
The City of Lowell
City Hall, 375 Merrimack Street, 2nd Floor | Lowell, MA 01852
t: 978.674.1471| f: 978.446.7103| www.lowellma.gov<http://www.lowellma.gov/>
LOWELL  Alive. Unique. Inspiring.
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, and destroy any hard copies you may have created and notify the Sender via email or telephone. Please be advised the Office of the Secretary of State for the Commonwealth of Massachusetts has determined that email could be considered a public record.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Joseph Giniewicz via MassPlanners
Sent: Wednesday, March 2, 2022 7:06 PM
To: 'MassPlanners at masscptc.org' <MassPlanners at masscptc.org>
Subject: [Massplanners] Use Variance

Hello Fellow Planners,

A property here in Westford received Site Plan Review and Special Permit approval from the Planning Board, as well as Special Permit and a use Variance from the Board of Appeals to allow for motor vehicle repair and motor vehicle sales - the lot was previously vacant. The property owner developed the lot in accordance with these approvals.

Now fast forward about 6 years later and the property is set to change ownership. The new owner is proposing a new use that is allowed by right in the district (retail sales to the general public). The proposal does not feature any additions to the building nor any changes to the parking lot. The change of use will trigger Site Plan Review with the Planning Board.

Assuming the new use does move forward, what is the status of the use variance? Could another motor vehicle repair and sales business come back to the site by right or would it need new relief?

Joe

Joseph Giniewicz, AICP
Town Planner
Town of Westford
55 Main Street
Westford, MA  01886
978-692-5524




All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law
See http://www.sec.state.ma.us/pre/preidx.htm<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.sec.state.ma.us%2fpre%2fpreidx.htm.&c=E,1,HAWNE6kakQ-i9VRdDV_x-kR_UFSoM2-q-HnzBK6JTntbj2ZduO-ZkK_cnC7o-f6I0wxsEnmC0c2LSWdsVsKNXQmFoFRJT1qFQhPYtF3jokjN8FUfXMUy&typo=1&ancr_add=1>.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220303/64241ab6/attachment.htm>