[Massplanners] Planning Board - Special Permit Timeline

[Jeff Lacy]

Katrina 
Your attorney is correct. 90 days after close of hearing. This allows time for deliberation and the crafting of a defensible decision. But, can certainly do it faster if straightforward case.
Jeff Lacy
Rural Planning Associates
(413) 230-9693

Sent from my iPhone

> On Mar 31, 2022, at 12:11 PM, Katrina O'leary via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
> 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> On Behalf Of Leeann Bradley via MassPlanners
> Sent: Thursday, March 31, 2022 9:34 AM
> To: 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
>  
> 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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