[Massplanners] Basic public hearing guidance

Douglas Finn dfinn at edgartown-ma.us
Fri Sep 3 09:30:53 EDT 2021


Hey folks -

So, your Friday hypothetical is in regard to public hearings (conducted
under MGL 40A Sec. 9 or 11), I generally adhere to

1 - Gather information
2 - Open public hearing
3 - hear testimony
4 - close public hearing (no more testimony),
5 - deliberate / decide

Are there any judicial decisions that speak to cases where deliberation on
a matter was conducted prior to the OPENING of the public hearing? or where
members expressed a predisposition towards a specific decision or outcome
prior to the CLOSE of the public hearing?

(I suspect this might be more of an "ethics" issue, but wasn't sure how to
search for a successful appeal of a SP decision because of this...)

TIA,

- Doug.

Douglas Finn, Administrative Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us
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