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

[John Cruz]

The town attorney is the best bet as to an "official" ruling here as to if
it's legal, however I concur with Barbara that this is a major change that
fundamentally alters how the business can operate and can change the value
of the business if it were to be sold (sure they only do about 20 events
per season now, but who can say it'll be the same thing in three years). I
understand that the business owner doesn't want to go through a hearing
again, however figuring out all the things that they need in a special
permit is on them to work through before making the ask. That's where the
burden falls. If it was my call, I would schedule another hearing as soon
as possible.

On Mon, Dec 16, 2024 at 3:41 PM Barbara Carboni via MassPlanners <
massplanners at masscptc.org> wrote:

> Star,
>
> I think this requires a hearing, as the Board is modifying the special
> permit in a way that is, or may become significant.  I think your board’s
> policy of consistency is a good one – holding hearings on all minor changes
> (although I’m not certain this is a minor change). That way, you don’t need
> to make a judgment call every time something minor comes up.  It serves the
> purpose of fairness, too.
>
> Barbara
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Star
> Atkeson via MassPlanners
> *Sent:* Monday, December 16, 2024 3:11 PM
> *To:* massplanners at masscptc.org
> *Subject:* [Massplanners] what is a minor change to a Special Permit
>
>
>
> 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
>
>
>
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-- 
John Cruz, AICP
john at cruzweb.net | 314-688-6463
<http://www.urbanistdispatch.com/>
Misplaced Focus - www.misplacedfocus.com
www.linkedin.com/in/johncarloscruz
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