[Massplanners] Planning Board Questions

Tue Sep 21 10:53:01 EDT 2021

FWIW, and maybe this goes without saying, but...

Regardless of the quality, substance, attachments, exhibits, depth, or
completeness (is that even a word?), if an application is received by the
municipal clerk, the clock starts ticking.  (ref: MGL 40A Sec 9).  65 days
to open a public hearing, and 90 days following the CLOSE of the public
hearing to file a decision with the Town Clerk.  Failure to meet either
deadline is grounds for constructive approval.

My practice has always been to accept the application as it is presented,
and start the process.  It's not my job (as an administrative assistant to
the Planning Board) to judge the quality or completeness of hte filing.
Unless there are clear deficiencies in the application (bad or missing
contact information, no clear authority to file, no clear intent of the
request), then it gets a public notice and public hearing.

Once the public hearing is opened, deficiencies in the application are
adjudicated by the board, which may opt to continue to a date certain to
allow the applicant to provide more information.

We have continued public hearings for months, waiting for information from
an applicant.  I have one public hearing that was opened on March 28, 2018,
and remains open (we continue it on 10/5/2021).  I have seen no ruling yet
that prohibits the continuance of a public hearing to a date certain, if
there is legitimate and defensible reasons to do so.  At worst, we renotice
abutters, and republish, at the owner's expense, which I've done at least
twice in three years.

If the SPGA needs more information, and clearly finds that it cannot
adjudicate the matter without it, then the applicant has three options:
provide the information, request to withdraw their request, or choose not
to provide it.  At which point, the board can close the public hearing,
deliberate and (likely) deny the application for cause.

Would love to know if there is case law which might argue against such a
practice...

- 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

On Tue, Sep 21, 2021 at 8:52 AM Joseph Laydon via MassPlanners <
massplanners at masscptc.org> wrote:

> Hello Kathy.  Hope all is well in Northborough!
>
>
>
> When I was in Grafton, we created a Submission schedule to provide
> applicants with advance notice on when material was to be submitted.  This
> was not only for new projects but also for ongoing projects.  See the link
> below.
>
>
>
>
> https://www.grafton-ma.gov/sites/g/files/vyhlif4461/f/uploads/2021_submission_schedule_2.pdf
>
>
>
> We did run into situations that material on new applications (primarily
> responses to Peer Review) were not submitted in time and the Applicant
> requested a continuation of the 1st public hearing and the Board granted
> that request.  No new abutter notification occurred, and we opened and
> continued the hearing.
>
>
>
> For Applications that were submitted, I would review for completeness and
> notify the Board and Town Clerk of determining them incomplete.  If push
> came to shove, and they were not responsive to supplying information, I
> informed them that the board would then reject the application as
> incomplete.
>
>
>
> For continued hearings, if material was not submitted, applicants knew
> what the process was and would request a continuation if material could not
> be submitted in time.  Having the deadline really did help set expectations
> of the Board and took the pressure off staff.
>
>
>
> Regarding enforcement, I worked really closely with the Building Inspector
> (really for all towns I have worked in) to make sure that what was
> submitted and approved to building was what we approved.  We did not have
> non-criminal disposition in Grafton, but the threat of not getting a CO
> brought people into compliance.
>
>
>
> Good luck.
>
>
>
> Sincerely
>
>
> Joe
>
>
>
> _________________________________
>
> Joseph Laydon
>
> Town of Littleton
>
> Assistant Town Administrator
>
> 37 Shattuck Street
>
> Littleton, MA 01460
>
> jlaydon at littletonma.org
>
> 978-540-2460
>
>
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Kathy
> Joubert via MassPlanners
> *Sent:* Monday, September 20, 2021 5:21 PM
> *To:* massplanners at masscptc.org
> *Subject:* [Massplanners] Planning Board Questions
>
>
>
>
>
> **THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**
>
> Hello All - On behalf of the Northborough Planning Board, the Board has
> requested I pose the following questions:
>
>
>
>    1. If your Board requires applicants to send materials in advance of
>    the next meeting, how many days in advance do you require the information?
>    If the material is not sent in advance of the meeting, does your board
>    automatically continue the hearing to the next meeting and if so, do you
>    notify abutters in advance of the date change?  Is this requirement
>    regarding submission of additional information contained in your Planning
>    Board Rules and Regulations? Do you find requiring a deadline effective in
>    that once a firm’s project is continued for not submitting the additional
>    information in a timely manner they are more compliant on the next
>    project?  (This is for material after the initial public hearing.)
>
>
>
>    1. Regarding the adherence of site plan and/or special permit
>    conditions, I’m assuming you find applicants generally comply with the
>    conditions found in the decision.  If an applicant does not comply, do you
>    utilize Chapter 40 Section 21D and enforce your bylaws and conditions
>    through non-criminal disposition?  If so, have you found this to be
>    effective or do you find the applicant paying the fine as opposed to
>    complying with the decision?  I assume most communities have the staff meet
>    with the offender on site, explain the situation, and generally the
>    situation is resolved.  But for situations of non-compliance do you find
>    the non-criminal disposition effective?
>
>
>
> Thank you in advance for your responses.
>
>
>
> Kathy
>
>
>
> Kathryn A. Joubert
>
> Town Planner
>
>
>
> Northborough Town Hall
>
> Planning Department
>
> 63 Main Street
>
> Northborough MA 01532
>
> 508-393-5019
>
> Mon Wed Thurs 8am-4pm; Tues 8am-7pm; Fri 7am-noon
>
>
>
>
> --
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> MassPlanners at masscptc.org
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>
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