[Massplanners] Automating Abutters List

Thu Jul 15 09:37:54 EDT 2021

Nipun,
I interpret the definition of "parties in interest" to include several parameters, including location and distance of the lots to be notified and also that the owners of those lots must be from the most recent tax list.  This last part is where the Assessor's job to "certify" that the owners are from the most recent tax list comes in.

I did just have a case where we had a minor special permit for a front porch.  The house happened to be roughly 299 feet away from the corner of a large condominium project with over 200 units.  I admit I didn't look over the certified assessor's list we received and our office dutifully sent out the 200+ notices for the public hearing.  After a decision was made, and it was time to send out the "notice of decision" to the abutters - I noticed that according to the definition of parties in interest, the list should have only included about 6 properties.  As we were at the end of the fiscal year and out of stamps, etc. etc. I asked Town Counsel if we could send notices of decision out to the parties in interest as defined by MGL 40a Sec 11 even if the Assessor's certified list was different. He told me that we only had to notify those that met the definition of parties in interest and that the Assessor certifies that the names are of the most recent property owners of the abutting land.

Katrina O'Leary, AICP
Middleton Town Planner
195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and, therefore, cannot be kept confidential.

From: Nipun Jain <NIPUN at amesburyma.gov>
Sent: Thursday, July 15, 2021 9:20 AM
To: Katrina O'leary <katrina.oleary at middletonma.gov>; Danielson, Stephanie <SDanielson at easton.ma.us>; massplanners at masscptc.org
Subject: RE: Automating Abutters List

Katrina - Once you weed out any properties, do you have the Assessor re-certify the list? Take note of the language in ch40A section 11, specifically - ".....such certification shall be conclusive for all purposes"

Nipun Jain
Director of Planning
Office of Community and Economic Development

(978) 388-8110 x 503

From: Katrina O'leary [mailto:katrina.oleary at middletonma.gov]
Sent: Thursday, July 15, 2021 8:57 AM
To: Nipun Jain; Danielson, Stephanie; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: RE: Automating Abutters List

Nipun - I've come to interpret the "assessors certification" as certifying that the addresses and names of parties of interest are from the "most recent applicable tax list."   I don't depend upon our Assessor's office to give us a list that abides by the definition of "parties in interest"  under the Zoning Act because I know that they use our GIS system to give us all abutters within 300 ft circle around the subject property - and that is not the proper definition of "parties in interest."  This method ends up creating an abutter's list that is much larger than if you followed the definition under 40A.  I end up going through the certified Assessor's lists our office receives and weeding out those properties that should not be included.

Stephanie - I suppose if your town's GIS system only contains the names of property owners from the "most recent applicable tax list," you could create a form that has a note from the Assessor's office certifying that the list of property owners is up to date?

Katrina O'Leary, AICP
Middleton Town Planner
195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and, therefore, cannot be kept confidential.

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Nipun Jain
Sent: Wednesday, July 14, 2021 4:28 PM
To: Danielson, Stephanie <SDanielson at easton.ma.us<mailto:SDanielson at easton.ma.us>>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Automating Abutters List

The abutters list should be prepared under MGL Chapter 40A § 11 or MGL Chapter 131 § 40, as applicable, to certify that at the time of the last assessment for taxation made by the respective Town/City that the names and addresses provided are the assessed abutting owners based on the distance noted pursuant to the applicable statute to the parcel of land
MGL Ch. 40A, section 11 states- .....The assessors maintaining any applicable tax list shall certify to the permit granting authority or special permit granting authority the names and addresses of parties in interest and such certification shall be conclusive for all purposes.
So hopefully any automation process takes these legal and statutory requirements into account.

Nipun Jain
Director of Planning
Office of Community and Economic Development

(978) 388-8110 x 503

From: MassPlanners [mailto:massplanners-bounces at masscptc.org] On Behalf Of Danielson, Stephanie
Sent: Wednesday, July 14, 2021 11:52 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Automating Abutters List

Hi,

Wondering which/if communities have automated the abutters list process such that applicants are able to generate the lists and labels themselves and how it is working.

Stephanie Danielson, AICP, Director of Planning & Economic Development
Department of Planning & Economic Development
Town of Easton, 136 Elm Street, Easton, MA  02356
508.230.0641
Easton.ma.us<http://www.easton.ma.us/>

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