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

[Edgartown Planning Board]

Maybe this is obvious, and not for nothing, but from where I sit:

A proposed DECREASE to the proposal - particularly in response to public
comment - would not require new public notice.

However, and maybe this goes without saying:  If the change after the
initial public notice proposed a significant INCREASE to the size of the
area / proposal / structure / use, then I would, yes, advertise and
renotice (at the very least).

A person might not have an objection to, let's say, a gas station with four
pumps adding a small retail store.  However, they might object to a gas
station with four pumps adding four more pumps and a Starbucks inside their
retail store.  Significantly more use on the site, significantly greater
traffic to the site = new public notice and notice to abutters.

FWIW.  YMMV.

- Doug. (Edgartown / Westhampton)

On Mon, Apr 14, 2025 at 9:55 AM Planning via MassPlanners <
massplanners at masscptc.org> wrote:

> We experienced a similar situation in Orange with a project that reduced
> its size by half during the hearing process due to financial changes on the
> applicant's side and their need to phase a large project that they thought
> they could originally do all at once. We did what Daniel Fortier suggests
> in his email and had our departments re-review the new revisions/plans
> showing the removal of items that were originally on the application. Our
> independent reviewer for the town who assists with the storm water and site
> engineering review also sees the revised plans. We scheduled the
> continuance to allow time for these reviews, and in the end ensured that
> when the special permit was granted, the specific date of the revised plans
> were in the granting language and conditions.
>
> Our officials felt this was reasonable for them to be able to enforce
> because they follow the language of the plan date that is spelled out in
> the special permit document. I ensure that the loop is closed with our
> Building Commissioner by providing them a copy of the special permit so
> that when the applicant comes to apply for their building permit, the
> building department knows to watch for the recorded copy of the special
> permit and plans approved. Our building department requires a recorded copy
> of special permits, etc to be attached to their application for a building
> permit.
>
> Hope this is supportive,
>
> *Mercedes*
>
>
> Mercedes Clingerman
>
> Planning Board Chair
>
> Town of Orange
>
> Mail: 6 Prospect Street, Attn: Planning Board, Orange, MA 01364
>
> Location of Planning Board Office: BY APPOINTMENT- 62 Cheney Street,
> Orange, MA 01364
>
> email: planning at townoforange.org
>
>
> ------------------------------
> *From:* MassPlanners <massplanners-bounces at masscptc.org> on behalf of
> Daniel Fortier via MassPlanners <massplanners at masscptc.org>
> *Sent:* Friday, April 11, 2025 10:41 PM
> *To:* bcolema at comcast.net <bcolema at comcast.net>
> *Cc:* Listserv (massplanners at masscptc.org) <massplanners at masscptc.org>
> *Subject:* Re: [Massplanners] Applicant changing size of project in
> Special Permit Hearing...reapply or add conditions to possible approval?
>
> 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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-- 
The Edgartown Planning Board
PO Box 5130
Edgartown, MA 01027
413-627-6170
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