[Massplanners] holder of right of way or easement a "party of interest" for Hearing notification

bcolema at comcast.net bcolema at comcast.net
Thu Jul 18 11:47:20 EDT 2024


I've looked at APA-MA guidebook (great resource, thanks) and cannot find an answer to this question:
 
When SPGA posts a Hearing for a Special Permit and notifies all "parties of interest" must the holder of a right of way or easement over the parcel be notified as well?  Seems not, if this is comprehensive:  
 
4.1 – PARTIES IN INTEREST – “Parties in Interest” shall mean all of the following:
• the petitioner;
• abutters;
• owners of land directly opposite on any public or private way;
• abutters to the abutters within 300 feet of the property line of the petitioner as they appear
on the most recent tax list and including land of such property owners within an adjacent city
or town;
• the planning board of the city or town where the property is located; and
• the planning board of every abutting city and town
 
In a case at hand, a SP was granted following a hearing for which notice was not sent to a holder of "several rights of way" over the parcel where the use was permitted.  
 
thanks in advance,
 
Bill Cole
Hardwick MA PB
 
 
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