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

[Nate Kelly]

Without knowing the details of your local regulations, I think the BOH is going to have its hands tied to a degree in this situation. The definition of a public water supply is set by the State (consistent with EPA):

Public Water System (PWS) – A system for the provision to the public of water for human consumption, through pipes or other constructed conveyances, if such a system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.

From: MassPlanners On Behalf Of TownPlanner via MassPlanners
Sent: Monday, December 16, 2024 8:17 PM
To: Star Atkeson <Star.Atkeson at townofcharlemont.org>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] what is a minor change to a Special Permit

Is there a reason the BOH can’t  issue that condition as a deed restriction and require recording

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


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