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

[Daniel Fortier]

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*Looking your situation over. To change the conditions of the Special
Permit will require a new public noticed hearing.  Financial backers of the
venue have a no limits expectation as the Permit is currently written.
Making the Permit more restrictive requires a hearing. Conversely, making a
Permit less restrictive also would trigger the need for a hearing due to
expectations of the abutters.*

*Having worked with Boards of Health who did not like Planning or Zoning
Boards venturing into their territory, if there is no solid Zoning issue at
play, limiting their days/events per year based upon a health consideration
is best controlled by the BoH. Why make them come back to the Planning
Board if they decide to comply with the state Public Water Supply
regulations? Do you regulate at the Planning Board Liquor or Entertainment
License issues? Far easier to change a license than a Special Permit. *

*Daniel Fortier, AICP Retired Planner *



*From:* MassPlanners <massplanners-bounces at masscptc.org> on behalf of Nate
Kelly via MassPlanners <massplanners at masscptc.org>
*Sent:* Monday, December 16, 2024 7:28:35 PM
*To:* TownPlanner <townplanner at townofbolton.com>; Star Atkeson <
Star.Atkeson at townofcharlemont.org>
*Cc:* massplanners at masscptc.org <massplanners at masscptc.org>
*Subject:* Re: [Massplanners] what is a minor change to a Special Permit


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> 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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Pamela Harding, AICP
Bolton Town Planner
663 Main Street
Bolton, MA 01740
Phone (978)779-3308
Fax (978) 779-5461
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