[Massplanners] Planning Board - Special Permit Timeline

[Bob Mitchell]

As has been stated by others  the 90 days starts from the end of the
hearing and that has been true at least since 1989, which is the date of
the Kendrick case noted by Katrina. Since apparently some number of town
boards (and staff?) don't seem to know this they may also not know that c.
40A , s. 9 also states that "final action" must be taken within those same
90 days. "Final action" has been interpreted by the courts to mean that the
decision is both made and filed with the city/town clerk.

As an FYI, for those of you who have access to the APA-MA Chapter's
Guidebook to Massachusetts Land Use, on the Chapter's website, Zoning
Chapter 4-32 - Action Date Timelines - has both a one page diagram of
timelines for special permits, variances, and appeals, and a series of
tables with more detailed information on those timelines.

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



On Thu, Mar 31, 2022 at 12:33 PM Leeann Bradley via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>
>
>
> [*NOTICE:*  This message originated outside of the Town of Middleborough
> mail system -- *PLEASE DO NOT CLICK *on *links* or open *attachments*
> unless you are sure the content is safe.]
>
> 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
>
>
>
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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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