[Massplanners] Incomplete applications

[Bob Mitchell]

Following up on the mini-email thread regarding incomplete applications
located within the larger email thread about electronic filing, note the
following language in Chapter 40A, Section 9 for special permits.

*Each application for a special permit shall be filed by the petitioner
with the city or town clerk and a copy of said application, including the
date and time of filing certified by the city or town clerk, shall be filed
forthwith by the petitioner with the special permit granting authority. **The
special permit granting authority shall hold a public hearing**, for which
notice has been given as provided in section eleven, on any application for
a special permit **within sixty-five days from the date of filing of such
application *(emphasis added).

The clock starts when the application is filed with, and stamped by, the
city or town clerk. There is no statutory authority for a board or staff tp
prevent the clock from starting, or to stop the clock after it has started,
with one exception. That exception allows the board, with the permission of
the applicant, in a written agreement, to delay either the opening of the
hearing or the time for making and filing of the decision.

If there is an application with insufficient information or lacking
required plans etc., the board should open the hearing within the
required timeline, provide a list of the deficiencies (preferably provide
that before the hearing) and then continue the hearing with enough time for
the applicant to get the plans done and submitted with enough time for
municipal staff to review them before the continued hearing. If the
applicant continues to fail to provide plans and information, the board can
simply deny the application for failure to provide information required
with the application submission. Similar to what
Michael Z. posted, my experience is that once the board starts using the
word "denial" it provides an incentive to the applicant to get the plans
done quickly.

Failure to open the hearing within the required timeline, and failure to
make and file a decision within the required timeline leaves the town
vulnerable to a constructive grant claim which could result in the project
being built with no board review.Towns have made this mistake in the past.
You don't want your town to make that same mistake.

On a different note - Happy weekend and Thanksgiving week to all!

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, Nov 17, 2022 at 1:52 PM Michael Zehner via MassPlanners <
massplanners at masscptc.org> wrote:

> In my previous experience we were advised by Town Counsel that only the
> SPGA could determine that an application was incomplete/noncompliant, that
> we were obliged to accept it and process within the timeline. We could and
> did advise applicants of issues, and most were responsive, but in cases
> where they weren’t, we just noted deficiencies in our report to the SPGA
> and recommended deferral or denial, depending on the nature of the issues.
> Again, when we told most applicants that this is how it would be handled,
> they cured the issues.
>
>
>
> Best,
>
> Michael
>
>
>
> *Michael Zehner, AICP, ENV SP*
>
> Environmental Programs Director
>
>
>
> *The Berkley Group*
>
> c. 404-643-7930
>
> michael.zehner at bgllc.net
>
> www.bgllc.net
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Michelle
> Tyler via MassPlanners
> *Sent:* Thursday, November 17, 2022 1:40 PM
> *To:* Alison Manugian <amanugian at dracutma.gov>
> *Cc:* Massachusetts Planners <MassPlanners at masscptc.org>
> *Subject:* Re: [Massplanners] Special permit online applications
>
>
>
>
>
> While we encourage an applicant to submit their documents in DRAFT form to
> me for review before they file formally, there are still those who simply
> file their application.  When received, the application package is stamped
> by the clerk's office and forwarded to my department.  At that point, I
> review for completion against any ordinance or regulation. If it IS NOT
> COMPLETE, I communicate with the Planning Board chairperson first (since
> they are the de facto decision maker). If the chairperson concurs with my
> conclusion, I communicate with the applicant via email citing the missing
> information and providing the relevant section that references the
> requirement.  They are advised that they HAVE NOT PROVIDED A COMPLETE
> APPLICATION and, until such information is provided, and only once ALL
> information is received, will the clock begin the 65 day countdown.
>
>
>
> Thus far, this hasn't been contested by any applicant. Of course there's
> always a first time....
>
>
>
> *Michelle R. Tyler*
>
> *Director of Planning*
>
> *Town of Randolph*
>
> *781-961-0936*
>
> *Please be advised that the Massachusetts Secretary of State considers
> e-mail to be a public record, and therefore subject to the Massachusetts
> Public Records Law, M.G.L. c. 66 § 10.*
>
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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