[Massplanners] Substantial Use of a Special Permit

[Richard Harris]

I saw other comments from Jeff and Dan. However, I would suggest that
merely filing a Definitive Subdivision Plan should not constitute
"substantial use". I think it needs to go at least a step further to the
point that the Definitive Plan is approved, endorsed, and recorded.

When I was Planning Director in South Hadley, the Planning Board held that
the improvements to allow development on a majority of the lots was
necessary to constitute "substantial use"; thus, the roadways, utilities
etc. sufficient to provide service to allow buildings to be constructed on
at least half the lots was required. There were suggestions by some
Planning Board members that even that wasn't sufficient.


Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Wed, Feb 21, 2024 at 12:17 PM Maren Toohill via MassPlanners <
massplanners at masscptc.org> wrote:

> It’s not Friday yet, how about a Wednesday question?
>
> “Special Permits shall lapse 24 months following the grant thereof….if a
> substantial use or construction has not sooner commenced, except for good
> cause.”
>
> In your opinion, does the filing of a Definitive Subdivision constitute
> “substantial use”?
>
> I am arguing with….myself about this one.
>
> Maren
>
>
>
> Maren A. Toohill, AICP
>
> Town Planner
>
> 978/540-2425
>
> MToohill at littletonma.org
>
> Town of Littleton
>
>
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