[Massplanners] Partial Completion of Approved Plan

[Daniel Fortier]

________________________________
I don't see any responses to cents.

Yes, they can build just the convenience store to the site plan that was approved. The Building Commissioner should not issue an occupancy permit until all site work is completed or the developer returned to the Planning Board to establish appropriate conditions or financial security. As to the gas station, once he acts on a part of the permit he may complete the build out at a later date.

Daniel Fortier, AICP
Retired Planner



From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of clerk via MassPlanners <massplanners at masscptc.org>
Sent: Wednesday, November 29, 2023 9:48:20 AM
To: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [Massplanners] Partial Completion of Approved Plan


We have a situation that an owner requested and was approved for a gas station and convenience store on a parcel of land in our town by the Planning Board.  The owner was planning to sell the parcel of land, with the approved plan, to have someone else own and build the gas station and convenience store.  However, he has not found a person/company that wishes to build a gas station on that property.  He is now asking the Planning Board if he can just build the convenience store as part of the approved plan but NOT build the gas station portion of the plan.  Note that the convenience store would be built as approved by the plans submitted.  The Planning Board did not request a performance bond on the plan when approved.



1.       Can the owner just build the convenience store and not the gas station without coming before the Planning Board again to get the request to delete the gas station portion of the plan approved by them?

2.       Does the owner have to go through the entire approval process again, with new plan just showing the convenience store?







Bill Oelfke

Shirley Town Clerk

7 Keady Way

Shirley, MA  01464

978-425-2600 X1

clerk at shirley-ma.gov


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