[Massplanners] what is a minor change to a Special Permit

[Mark Smith Design Inc.]

Star-

I'm shooting from the hip here having little experience with this issue,
but I would think amending a special permit (which is a deeded document?)
would *require* a public hearing, informing abutters etc.

If the Board of Health is 'looking for a legal document' I would consider
contacting Town Counsel for advice. The fact that the applicant doesn't
want to go through the hearing process is a bit of a red flag to me.

I hope this is some help,

Mark Smith
Planning Board
Town of Lenox



On Mon, Dec 16, 2024 at 3:13 PM Star Atkeson via MassPlanners <
massplanners at masscptc.org> wrote:

> Hello Planners,
>
> We have a wedding venue in town who wants the Planning Board to amend
> their special permit to limit the number of events, as a (previously
> agreed) way to satisfy the Board of Health, that they do not need to be a
> public water supply. The change would be a sentence limiting the number of
> events to 60 per year, they currently only do about 20 anyways. There would
> be a second minor change to the specific *public water supply* condition
> in the permit.
>
> Would you consider this a minor change, since nothing would tangibly be
> changing at the venue except they wouldn't need to use bottled water? Or is
> it a significant change, since it is stipulated by another board who seems
> to be looking for a legal document.
>
> The applicant does not want to do the hearing process. In other recent
> Planning Board business we have held hearings for similar minor changes on
> more controversial situations, so on one hand we want to be consistent, on
> the other, if it is legal to go for it without the hearing, that is what
> the applicant would like.
>
> Thank you for your advice,
> Star
>
>
> Star Atkeson
>
> Secretary to The Boards
>
> Town of Charlemont
>
> (413) 339-4335 ex.8
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>


-- 

Mark Smith Design Inc.
210 East Street
Lenox, MA  01240

413 637-9996

designink9 at gmail.com
https://www.marksmithdesigninc.com/
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