[Massplanners] Applicant changing size of project in Special Permit Hearing...reapply or add conditions to possible approval?

[Daniel Fortier]

Plans get modified all the time in the public hearing process. I see no
need to withdraw and re-advertise. However, one or more continuances might
be in order. One to receive a new set of plans, and a second to give the
public time to review and give the Board input. I have been involved with
projects that have changed significantly through the hearing process. I
would definitely recommend the Board require new plans illustrating the
revised plan be submitted at least 2 weeks prior to the continued hearing
to allow the Board, and staff, time to review the material.

Daniel Fortier, AICP Retired Planner

On Fri, Apr 11, 2025, 8:42 PM William Cole via MassPlanners <
massplanners at masscptc.org> wrote:

> Thanks in advance for insight regarding PB responsibilities and options
> regarding a current Special Permit application, which has been briefly
> continued.
>
> (Allow me to be circumspect about particulars)  Likely sensing disapproval
> from neighbors and possibly from PB regarding the size of a proposed
> project and its impact with a residential district, the applicant announced
> at the opening of the SP Hearing that the proposal was now for a project
> only half as large as described in the SP application (and accompanying
> plans).  The applicant pointed out which physical locations in the project
> would not be pursued.  My question is this:  should PB require the
> application be withdrawn and a new application (with new maps and details)
> be required?  And if so, then presumably a new Hearing etc?  I know a
> larger project would require this.  But some are of the opinion that
> approval of the original application could be given and conditions (re
> size, general location etc) simply put on the approval to limit its size
> and impact.  I am inclined to think reapplication versus conditions is the
> fairest and responsible option (and more enforceable for future officials),
> but appreciate any others opinions, with references if possible.
>
> thanks very much,
>
> Bill Cole
> Hardwick MA
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>
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