[Massplanners] [External] Re: Use Variance

Thu Mar 3 11:23:48 EST 2022

Dan, that is an excellent legal mechanism to establish the abandonment of prior use allowed by a variance. Do you prescribe a form that is endorsed by the Board or leave it to the property owner to put such instrument on record?

NIPUN JAIN
Director of Planning
T (978) 388-8110
C (978) 270-9873

[cid:image001.png at 01D82EF1.25FA3420]

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Dan Fortier via MassPlanners
Sent: Thursday, March 3, 2022 10:39 AM
To: Slagle, Eric <eslagle at lowellma.gov>; 'Joseph Giniewicz' <jginiewicz at westfordma.gov>; 'MassPlanners at masscptc.org' <MassPlanners at masscptc.org>
Subject: Re: [Massplanners] [External] Re: Use Variance

We would treat the change of use as willful abandonment as soon as the new use is established on the property. Willful abandonment does not require two years to elapse.  We have also, in the Site Plan Approval (approve/approve with conditions) required the applicant to record an abandonment notice at the Registry before the issuance of the Certificate of Occupancy or other device that might be needed from the Building Commissioner to open the new business.

Daniel J. Fortier, AICP
Town Planner
Dennis Planning Department
685 Route 134
South Dennis MA 02660
Phone 508-760-6119
dfortier at town.dennis.ma.us<mailto:dfortier at town.dennis.ma.us>

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Slagle, Eric via MassPlanners
Sent: Thursday, March 3, 2022 10:04 AM
To: 'Joseph Giniewicz' <jginiewicz at westfordma.gov<mailto:jginiewicz at westfordma.gov>>; 'MassPlanners at masscptc.org' <MassPlanners at masscptc.org<mailto:MassPlanners at masscptc.org>>
Subject: [External] Re: [Massplanners] Use Variance

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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
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From: MassPlanners <massplanners-bounces at masscptc.org<mailto: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<mailto: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

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