[Massplanners] Returning to ZBA after an initial denial

[Jamie Webb]

Easthampton's ZBA & PB are very lenient in allowing applicants to withdraw
their applications if it is looking to be denied. If the board allows an
application to be withdrawn without prejudice then it can be resubmitted.
In cases where the application has been denied or withdrawn with prejudice,
the applicant needs to wait 2 years or needs to make substantive changes to
the application to be eligible to reapply.

If no changes were made to the application and it is still within the 2
year window, then we would follow MGL 40a Section 16:

No appeal, application or petition which has been unfavorably and finally
acted upon by the special permit granting or permit granting authority
shall be acted favorably upon within two years after the date of final
unfavorable action unless said special permit granting authority or permit
granting authority finds, by a unanimous vote of a board of three members
or by a vote of four members of a board of five members or two-thirds vote
of a board of more than five members, specific and material changes in the
conditions upon which the previous unfavorable action was based, and
describes such changes in the record of its proceedings, and unless all but
one of the members of the planning board consents thereto and after notice
is given to parties in interest of the time and place of the proceedings
when the question of such consent will be considered.


Jamie Webb
Assistant Planner
City of Easthampton - Planning Department
50 Payson Avenue, Easthampton, MA 01027
413.529.1405  /  Website <https://easthamptonma.gov/176/Planning>  /
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<https://www.facebook.com/Easthampton-Planning-Department-380076865424358>
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On Tue, Sep 6, 2022 at 12:35 PM Evan Sears via MassPlanners <
massplanners at masscptc.org> wrote:

> Hi all,
>
> I'm hoping to gain some insight into how other cities handle return
> applications to the ZBA after the initial application was denied.
>
> Brockton currently requires applicants with proposals denied by the ZBA to
> go before the Planning Board, with a revised proposal, seeking permission
> to return to the ZBA with said revised proposal. The PB then votes on
> whether they believe the applicant has altered the elements of the proposal
> cited in the ZBA's decision as the basis for denial enough to go before the
> ZBA a second time.
>
> This is a formal process requiring a full, separate application, filing
> fee, certified abutter notifications, and placement on the agenda of a
> Planning Board meeting.
>
> This process, and the subsequent decisions, has been causing some
> controversy and contention recently so we're looking to compare our process
> to other cities in the Commonwealth.
>
> So I ask, what process, if any, must your applicants go through in order
> to return to the ZBA for a second chance at an initially denied proposal?
>
> Thanks!
>
> Evan
>
> --
>
> *Evan Sears*
>
> Planner 1
>
> City of Brockton
>
> Planning & Economic Development
>
> 45 School Street
>
> Brockton, MA 02301
>
> tel. 508-580-7113 ext. 6424
>
> esears at cobma.us
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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