[Massplanners] Planning Board - Special Permit Timeline

[Leeann Bradley]

This is interesting for sure because I am receiving responses that state the 90 days is from the date the hearing was closed  as well as from the date the hearing was opened.  I really think towns/cities are interpreting this quite differently.  Again, I can’t imagine why a Board would need 90+ days to issue a decision.  I haven’t looked at the appeal case yet but looking forward to it.

Leeann

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

PLEASE NOTE NEW EMAIL ADDRESS:  BradleyL at middleboroughma.gov

From: Katrina O'leary <katrina.oleary at middletonma.gov>
Sent: Thursday, March 31, 2022 12:10 PM
To: Leeann Bradley <bradleyl at middleboroughma.gov>; massplanners at masscptc.org
Subject: RE: Planning Board - Special Permit Timeline


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Leeann,
We always start the clock when the special permit public hearing is closed; therefore, we never need to ask for an extension from the applicant.  I believe this practice is based on Kenrick v. Board of appeals of Wakefield (90 day period is measured from the termination of the public hearing).

This isn’t the case with variances and subdivisions – time limits for decision are measured from the date of filing or submission.

Katrina O'Leary, AICP
Middleton Town Planner
195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and, therefore, cannot be kept confidential.

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Leeann Bradley via MassPlanners
Sent: Thursday, March 31, 2022 9:34 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Planning Board - Special Permit Timeline

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

PLEASE NOTE NEW EMAIL ADDRESS:  BradleyL at middleboroughma.gov<mailto:BradleyL at middleboroughma.gov>


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When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.

Please note:  The Town of Middleborough has transitioned to .gov over the past year.  All Town email addresses have changed to @MiddleboroughMA.GOV.  All mail to the old @middleborough.com, addresses will not go through after June 30, 2022.   Please update your address books accordingly.



When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.
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