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

[John Cruz]

In my experience, there are two types of special permits: those granted to
the property and those granted to a business.

If the special permit applies / is granted to the land, then it carries
over regardless who the tenant is and new hearings aren't needed for new
uses as long as the occupant follows the guidelines of the special permit
and doesn't wish to amend.

If the special permit is granted to a specific business, then a new
commercial occupancy permit cannot be issued to a new business operating in
the same space until a new special permit is issued following a public
hearing.

You'll need to check to see exactly how the special permits are worded as
they're passed by the public boards and double check with your legal
council, as this varies all across the US based on whatever the local
municipal policy is.

-John

On Fri, Dec 20, 2024, 11:03 Star Atkeson via MassPlanners <
massplanners at masscptc.org> wrote:

> Thank you everyone for the very informative replies. Our Chair has a
> related question—we have, in the past, had a case where a new business has
> taken over the space of a previously permitted business that ran with the
> property. They followed the original conditions of the special permit in
> regards to lighting, hours, sign size, parking, but the business was
> different. In our case it was a sports shop that became a smoke shop, so it
> continued to be retail, (it got the required licenses etc from BOH and
> whatever other agencies require them) and in this case the owner was the
> same. The Planning Board back then was told by the zoning enforcement
> officer that a new special permit was not needed (hence no new
> hearing.)Members of our PB believe that changing the business is a
> substantial change, and we often hear/use the phrase "change of use." Is
> change of use not a planning Board issue? Or is retail retail, restaurant
> is a restaurant and within those uses there can be change as long as all
> the conditions of the original permit are followed?
>
> Thanks so much,
>
> Star
> Charlemont Secretary to the Boards
> ------------------------------
> *From:* ruralplanningassociates at crocker.com <
> ruralplanningassociates at crocker.com>
> *Sent:* Friday, December 20, 2024 10:17 AM
> *To:* 'Town Planner' <townplanner at wnewbury.org>; Star Atkeson <
> Star.Atkeson at townofcharlemont.org>; massplanners at masscptc.org <
> massplanners at masscptc.org>
> *Subject:* RE: [Massplanners] what is a minor change to a Special Permit
>
>
> 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,
>
> <https://www.google.com/maps/search/896+Graves+Road+%0D%0A+Conway,+MA+01341?entry=gmail&source=g>
>
>
>
> Jeff Lacy
>
> Rural Planning Associates
>
> 896 Graves Road
> <https://www.google.com/maps/search/896+Graves+Road+%0D%0A+Conway,+MA+01341?entry=gmail&source=g>
>
> Conway, MA 01341
> <https://www.google.com/maps/search/896+Graves+Road+%0D%0A+Conway,+MA+01341?entry=gmail&source=g>
>
> 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
>
> (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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>
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