[Massplanners] Substantial Use of a Special Permit

[Gary Ayrassian]

I agree with Dan. In Attleboro, if one pulls the building permit in the 24th month, the SPGA (whether ZBA or PB) and the Building Commissioner consider the special permit being exercised (aka “substantial use”).

 

To Bob’s comment, we’ve intentionally maintained the 24-month window in our Zoning Ordinance.

 

Question for Richard – if whatever extent of the “roadways, utilities etc.” that were installed fell short of the "substantial use" threshold at the end of the 24-month period, as deemed by town officials, what would be the town’s recourse in such matters? Revocation of the special permit? Does the town require a form of performance guarantee for a project, a residential development, that’s approved only by a special permit? I would think not, but I thought I’d ask.

 

Thanks,

Gary

 

_____________________________________

Gary G. Ayrassian, Director

Department of Planning & Development 

City of Attleboro | City Hall - Government Center | 

77 Park Street | Attleboro, MA  02703 |

p: 508.223.2222 x 3143 | f: 508.222.3046 |

 <mailto:cityplanner at cityofattleboro.us> cityplanner at cityofattleboro.us |

 <http://www.cityofattleboro.us/> www.cityofattleboro.us |

 

           

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Richard Harris via MassPlanners (massplanners at masscptc.org)
Sent: Wednesday, February 21, 2024 1:51 PM
To: Maren Toohill <MToohill at littletonma.org>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Substantial Use of a Special Permit

 

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 <mailto: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

 <mailto:MToohill at littletonma.org> MToohill at littletonma.org 

Town of Littleton

 

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