[Massplanners] Substantial Use of a Special Permit

Thu Feb 22 09:33:21 EST 2024

Thank you all for the informative conversation. It’s great to hear about the various approaches, suggestions, potential pitfalls, and successes.
Maren

Maren A. Toohill, AICP
Town Planner
978/540-2425
MToohill at littletonma.org<mailto:MToohill at littletonma.org>
Town of Littleton

From: Gary Ayrassian <cityplanner at cityofattleboro.us>
Sent: Thursday, February 22, 2024 7:42 AM
To: 'Richard Harris' <rhplanner01075 at gmail.com>
Cc: Maren Toohill <MToohill at littletonma.org>; massplanners at masscptc.org
Subject: RE: [Massplanners] Substantial Use of a Special Permit

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**
Thank you for your follow-up and explanation.

_____________________________________
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 |
cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us> |
www.cityofattleboro.us<http://www.cityofattleboro.us/> |

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From: Richard Harris (rhplanner01075 at gmail.com<mailto:rhplanner01075 at gmail.com>) <rhplanner01075 at gmail.com<mailto:rhplanner01075 at gmail.com>>
Sent: Wednesday, February 21, 2024 5:30 PM
To: Gary Ayrassian <cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us>>
Cc: Maren Toohill <MToohill at littletonma.org<mailto:MToohill at littletonma.org>>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Substantial Use of a Special Permit

Since I was called out, I will respond. Yes, we did have a Performance Guarantee on the residential development - we would require Performance Guarantees on residential developments approved by Special Permit to ensure that the "special conditions" were followed. In the case of a project under development, the Board would grant an extension of the Special Permit for good cause as authorized under MGL 40A, Section 9.

But, each community can interpret the legislation as they wish. We never had a developer push back on the Board's "substantial use" interpretation that we held to - at a minimum, the project had to be under construction and continually so.

Thank you.

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

On Wed, Feb 21, 2024 at 3:22 PM Gary Ayrassian <cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us>> wrote:
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 |
cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us> |
www.cityofattleboro.us<http://www.cityofattleboro.us/> |

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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Richard Harris via MassPlanners (massplanners at masscptc.org<mailto:massplanners at masscptc.org>)
Sent: Wednesday, February 21, 2024 1:51 PM
To: Maren Toohill <MToohill at littletonma.org<mailto:MToohill at littletonma.org>>
Cc: massplanners at masscptc.org<mailto: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
MToohill at littletonma.org<mailto:MToohill at littletonma.org>
Town of Littleton

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