[Massplanners] Planning Board - Special Permit Timeline

[Leeann Bradley]

Good Morning,

I know this has been a topic of discussion in the past but having a hard time finding in the archives.  MGL Ch. 40A, Sec. 9 states "The decision of the special permit granting authority shall be made within ninety days following the date of such public hearing. The required time limits for a public hearing and said action, may be extended by written agreement between the petitioner and the special permit granting authority. A copy of such agreement shall be filed in the office of the city or town clerk".

Got that but it doesn't specify if the 90 days is from the date the public hearing is opened or the date the public hearing is closed.  I've seen towns/cities interpret this both ways as well as the 90 day clock starting when the special permit application is filed with the town clerk.  We have an attorney stating that the 90 day clock doesn't begin until the PB has closed the public hearing.  It seems very odd that a Planning Board would have up to three months after the close of a hearing to issue a Special Permit and that the date could be extended.  Why would you need 90 (or more) days to draft and issue a SP?  Thanks!

Leeann

Leeann Bradley
Town Planner
Town Hall Annex
20 Center Street
Middleborough, MA 02346
508-946-2425 ext. 1150

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