[Massplanners] Who you gonna call, with a zoning related question?

Tue Apr 5 16:50:54 EDT 2022

I know that guy.....so I understand it.....the Building commissioner of a town is asking who is responsible for zoning interpretation / enforcement?

Things that make you say "hmmmmmm"....I do not get the question?

Evan Belansky
Director of community development
Town of Chelmsford

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Thomas Bott via MassPlanners
Sent: Tuesday, April 5, 2022 4:27 PM
To: Michelle Tyler <mtyler at randolph-ma.gov>
Cc: Massachusetts Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] Who you gonna call, with a zoning related question?

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Michelle:
Absolutely, that's pretty much our day job.
I harken from the cocktail napkin generation and often tell applicants bring me your plans on the back of a cocktail napkin if necessary to discuss the basic tenets of what you want to do. Because when people spend money on plans with stamps from engineers and surveyors or have counsel to represent them they are less inclined to change their plans because of the dollars they've already spent. Its not unusual to have a second more formal informal meeting with the Conservation, Health Agents and the Building Commissioner if needed to clarify any grey areas.

I learned a long time ago in a town not so far far away that its the Building Commissioner who interprets the bylaw. In the ToK back in the last millennia, a committee and I made some changes to the zoning bylaw not long after I moved here from Atlanter. The changes passed but when applied the Building Inspector/Commissioner had a different take on the language much to everyone's chagrin. After I made my case he said, "that's not what that says."

Since that time I have always sat with a Building Commissioner with our draft bylaw, explained our intent and handed them a red pen so they could mark up the bylaw so their interpretation matched our intent. Pronouns have morphed but the  navigation of building inspector/commissioner/zoning enforcement officers hasn't.
TBott

Thomas Bott, Interim Carver  Town Planner

You too could follow me on Twitter @TBottPlimoth but it clearly isn't necessary

On Tuesday, April 5, 2022, 03:50:27 PM EDT, Michelle Tyler <mtyler at randolph-ma.gov<mailto:mtyler at randolph-ma.gov>> wrote:

"Asking" information ---to me -- is different from asking for a DETERMINATION.  So I'd say that a Planner could provide information subject to final decision/opinion by whomever is charged with Zoning Enforcement per a community ordinance or bylaw.
[https://drive.google.com/uc?id=1B6j3ietT62Ha2z-7cZV8TtzXLczsUs35&export=download]
Michelle R. Tyler
Director of Planning
Town of Randolph
781-961-0936
Please be advised that the Massachusetts Secretary of State considers e-mail to be a public record, and therefore subject to the Massachusetts Public Records Law, M.G.L. c. 66 § 10.

On Tue, Apr 5, 2022 at 3:44 PM Thomas Bott via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

Dear Planners:

I am posting the following verbatim on behalf of the Building Commissioner who's question is from a Building Commissioner in another town (clearly the names, except for "inspector" and "commissioner" have not been changed):

" When a resident or developer has a zoning related question who is the authority in the community to answer? Is it the Town Planner or the Building Commissioner/Zoning Enforcement Officer?"

Carver, like most bylaws I have seen, include some provision in the Administration section to wit:
5100.  ADMINISTRATION
5110.  Permits.  This [Zoning] By-Law shall be administered by the Building Inspector....
5120.  Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this [Zoning] By-Law and of permits and variances issued thereunder,...

For the record, the Commish here and I are sympatico on the issue.
Lemme know: asking for a guy who knows a guy.
Thanks,
TBott

Thomas Bott, Interim Carver Town Planner

You too could follow me on Twitter @TBottPlimoth but it clearly isn't necessary
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