[Massplanners] Precedent, Previous Decisions, and Problems

[Bob Mitchell]

Doug: Special permit applications are new applications and are not
tethered to any previous applications. As a discretionary land use permit,
there is no right
to an approval. Unlike a special permit approval, a denial of a special
permit does not require detailed findings. *MacGibbon v. Board of Appeals
of Duxbury* <http://masscases.com/cases/sjc/369/369mass512.html>, 369 Mass.
512, 515 (1976).  The Board may deny the permit based on any reasonable
grounds. *MacGibbon v. Board of Appeals of Duxbur*
<http://masscases.com/cases/sjc/356/356mass635.html>*y*, 356 Mass. 635, 638
(1970).


Bob Mitchell FAICP
Planning Consultant
Land Use, Planning, Zoning, & Training Programs
151 Tremont Street Suite 23A
Boston, MA 02111
617-512-9751 (c)
MitchellFAICP at gmail.com



On Thu, Feb 2, 2023 at 12:02 PM Douglas Finn via MassPlanners <
massplanners at masscptc.org> wrote:

> A little alliteration, if you'll allow it...
>
> So, a special permit, granted by a SPGA (say) ten years back, was never
> acted upon by the owner (no work commenced).  The SP expired.
>
> Now, same owner, same lot, same proposed purpose.  Current SPGA finds
> reasons to deny.
>
> Does the previous SP decision factor in? or is the new application and
> deliberation 'de novo'?
>
> Specific case law in support of one's conclusion would be terrific.
>
> Thanks,
>
> - Doug.
>
> ============================
> Douglas Finn
> Assistant Pro Tem
> Edgartown Planning Board
> 508-560-6602
> dfinn at edgartown-ma.us
> --
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> MassPlanners at masscptc.org
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>
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