[Massplanners] Planning Board Member Voting Disqualification

[Kristina Johnson]

Good Morning Planning Friends and Colleagues,

Let me set the scene...

We have a new Planning Board member who has been sworn in and attended his first meeting last evening. There is an existing site plan application before the Board that has been continued a number of times.  Throughout the process there has been no testimony received from abutters or interested citizens, but there has been ample testimony provided by the applicant's engineering and legal team.

The Chair is convinced that since there was no "public input," that the new member can vote on this application. Despite numerous attempts to explain why the new member is disqualified from voting, the Chair is convinced otherwise.

I understand that MGL Chapter 39, Section 23D deals sets the framework for voting disqualification for communities that have adopted the Mullin Rule. We have not adopted the Mullin Rule.  What is the statutory framework dealing with voting disqualification for municipal boards and commission in communities without the Mullin Rule?

Thanks in advance for any insight you can provide.

Best,
Kristina

Kristina Johnson, AICP
Director of Planning & Community Development
Town of Hudson,  MA
President, Mass. Association of Planning Directors
Tel: 978-562-2989
Cell:  857-939-3427
Email: kjohnson at townofhudson.org<mailto:kjohnson at townofhudson.org>

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