[Massplanners] Alternate Planning Board Members - guidance on responsibilities

Tue Jun 7 11:10:37 EDT 2022

Bob and others:

I tended to agree with your expansive home-rule-type interpretation (so did Bob Ritchie), but here’s what we got back from the AG’s office:

“Article 14 – We approve Article 14 from the Shutesbury Annual Town Meeting of June 

12, 2021 except for text in the proposed by-law that conflicts with G.L. c. 40A, § 9 because it 

authorizes associate planning board members to act on matters other than special permit 

applications. 

The proposed by-law authorizes the appointment of two associate members of the 

planning board to “participate fully in procedures for a special permit, site plan review, or any 

other application before the Planning Board, as well as other procedural matters designated by 

the chairperson…” (Section 10.4A, Associate Members) (emphasis supplied). We disapprove 

and delete the underlined text because it conflicts with G.L. c. 40A, § 9 that authorizes associate 

planning board members to serve only when the planning board is reviewing special permits: 

Zoning ordinances or by-laws may provide for associate members of a planning 

board when a planning board has been designated as a special permit granting 

authority.

Section 9, paragraph 11. 

Because the statute only authorizes the service of associate planning board members when a 

planning board is serving as a special permit granting authority, the Town may not extend the 

authorization to review of site plans and other applications, and we disapprove and delete the 

underlined text. Apart from the underlined text, the proposed by-law is consistent with the 

requirements of G.L. c. 40A, § 9.”

Jeff Lacy

Rural Planning Associates

(413) 230-9693

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Bob Mitchell via MassPlanners
Sent: Monday, June 6, 2022 2:22 PM
To: Paul Dell'Aquila <psdplans at gmail.com>; Daniel Fortier <daniel.j.fortier at gmail.com>; Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] Alternate Planning Board Members - guidance on responsibilities

PauI: I would add a couple of notes to Dan's response.

a) Chapter 40A, Section 9 covers associate PB members. A city or town may adopt a zoning ordinance or bylaw provision for the appointment of associate members (sometimes referred to as “alternate members”) of a planning board when the board acts as a SPGA. A 5-member planning board is authorized to have one associate member, while a board of more than 5 members is authorized to have 2 associate members. The city or town shall establish the procedure for filing this position. (Emphasis added. The towns have to have an adopted and written procedure for the appointment of associate members)

b) If either town has a by-right Site Plan Review process in their zoning bylaw then an alternative PB member may also vote on a SPR application but only if the text of the zoning bylaw specifically authorizes alternative PB members to vote on Site Plan Reviews.

SPR is a creature of local government, not the Zoning Act, thus you can establish the "rules" for the SPR process in your local zoning bylaw.

Bob

Bob Mitchell FAICP

Planning Consultant

Land Use, Planning, Zoning, & Training Programs

151 Tremont Street Suite 23A

Boston, MA 02111

617-512-9751 (c)

MitchellFAICP at gmail.com <mailto:MitchellFAICP at gmail.com> 

On Mon, Jun 6, 2022 at 11:33 AM Daniel Fortier via MassPlanners <massplanners at masscptc.org <mailto:massplanners at masscptc.org> > wrote:

There is no provision in the Subdivision Control Act for alternates, so we have taken the position that they cannot act on subdivisions or ANR’s. The Zoning Act provides for alternates, so the alternates are allowed to sit on Special Permits and all other zoning matters.

Dan Fortier

Retired/Interim Dennis Town Planner

Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986>  for Windows

From: Paul Dell'Aquila via MassPlanners <mailto:massplanners at masscptc.org> 
Sent: Monday, June 6, 2022 11:12 AM
To: MassPlanners at masscptc.org <mailto:MassPlanners at masscptc.org> 
Subject: [Massplanners] Alternate Planning Board Members - guidance on responsibilities

Happy Monday, MassPlanners -

The Planning Boards in both of the towns I work for have long-standing alternate members, however there is no specific verbiage in any town documents about their roles and responsibilities.

This is relevant because some full board members believe that Alternates can't vote on subdivisions or special permits, and we might have some upcoming quorum issues. Do any communities have guidance on the role and responsibilities of a Planning Board Alternate?

Thanks,

Paul Dell'Aquila

Boylston/Upton Town Planner 

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