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

Town Planner townplanner at wnewbury.org
Tue Dec 17 08:00:37 EST 2024


Hi Star,
If you are amending a condition of a special permit (or creating a new condition), I would view that as a substantive change (major).

It's a good idea to list all the changes the board will deem "non-substantive" in the decision to make it clear what will require a public hearing in the future.  Items included in past decisions I have been involved with are:  small changes to the site plan, shifts in layout, changes in landscaping materials, etc.

Good luck.

Katrina O'Leary  ,AICP
Town Planner
West Newbury
townplanner at wnewbury.org<mailto:townplanner at wnewbury.org>
(978) 363-1100 x125
M-W, 7AM-3PM



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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