Planning Board extends site‑plan deadline for 330 Chestnut to one year after litigation ends

The East Longmeadow Planning Board voted to amend Condition 5(e) for the site plan at 330 Chestnut so that the requirement for “substantial use” will run one year after the end of any appeal or litigation related to the approval. Mr. Clark introduced the applicant’s request and Attorney Fancy told the board the change would protect the site plan while parties negotiate or pursue court review.

Attorney Fancy, representing the applicant, said the existing bylaw requires substantial use within one year after issuance “not pending any appeals,” and that the current wording leaves developers at risk if litigation or appeals delay work. “So this is to try and avoid having to go through, the very cumbersome hearings… and then our year comes up, and then a court says that the action was actually not a viable appeal,” Attorney Fancy said, characterizing the requested language as a way to avoid inadvertently losing the site‑plan rights while disputes are unresolved.

Board members asked how long litigation might last and whether a fixed extension or event‑based language would be preferable; Attorney Fancy said parties expect clarity within a month or two but recommended an amendment that tolls the one‑year clock during any appeals or litigation. Mr. Clark moved to amend Condition 5(e) to read that the one‑year substantial‑use period runs one year after the end of any appeal or litigation related to the site plan; the motion was seconded and approved by voice vote with no opposition recorded.

The board did not record a numeric roll‑call tally in the transcript; the approval was noted as passed by unanimous voice vote. Attorney Fancy said he could provide the case number to the record if the board wanted it added to the file.