[Massplanners] PB authority after SP approved, SP conditions validity

[Benson, Rachel]

Hi All,
Several questions today in regards to statute of limitations on special permits and a planning board / or planning board member's ability to claw back a special permit.

First, if a board member happens to be driving around town and notices what they believe to be a violation, do they 1) contact the Building Commissioner as ZEO to enforce? or 2) do they bring it before the full planning board for them to vote that it needs to be enforced?, 3) can the Chairman acting alone submit this violation enforcement request as the PB Chair without consultation from the full board or does it have to be from them as a resident? I always thought the Board had to vote to enforce otherwise the person submits as a resident regardless of committee they are on.

Second, how far back can this "claw-back" go or the ability for the special permit conditions to be enforceable? Does the PB have the authority to make an applicant come back and modify/amend their permit? Or is there a statute of limitations? Is it up to the Planning Board as SPGA to monitor all their past permits to ensure the projects are staying in compliance with their original permit for the lifetime of the project? It's always been a policy to monitor a year after CO and then again when/if we get a complaint, unless the decision specifically states otherwise.
Are findings that don't result in conditions enforceable? Finding says "project will be in harmony with neighborhood", yet no condition that notes how that will happen. I always understood that only the conditions were enforceable.
Does anyone have a ZEO that just does PB enforcement? Do they do this for the lifetime of the use/building?

Thanks in advance for any answers you have!

Thank you and have a great day!

Rachel Benson
Director of Planning & Economic Development
Planning & Community Development
Town of Wrentham
79 South Street
Wrentham, MA  02093
508-384-5400 x5441
www.wrentham.gov<http://www.wrentham.gov>
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