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

[ruralplanningassociates at crocker.com]

Hi, Star:

 

Perhaps it's evident by now that modification of the special permit in a
substantive way triggers a return run-through of the original process. The
advice that Dan Fortier gave a few days ago sounds wise to me. Leave the
special permit in place but enact stricter restrictions via the board of
health. Never mind what the special permit allows, the stricter restriction
will control.

 

Best,

 

Jeff Lacy

Rural Planning Associates

896 Graves Road

Conway, MA 01341

ruralplanningassociates at crocker.com

(413) 230-9693

 

 

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Town
Planner via MassPlanners
Sent: Tuesday, December 17, 2024 8:01 AM
To: Star Atkeson <Star.Atkeson at townofcharlemont.org>;
massplanners at masscptc.org
Subject: Re: [Massplanners] what is a minor change to a Special Permit

 

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
<mailto: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 <mailto: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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