[Massplanners] Returning to ZBA after an initial denial

Tue Sep 6 15:13:12 EDT 2022

Hello Evan,

You have described the process pursuant to MGL Ch. 40A, §16, Repetitive Petitions. Unless the application is allowed to be withdrawn without prejudice, then one has to either wait the minimum statutory time requirement to reappear before the ZBA following a denial or one may file a Repetitive Petition with the Planning Board for it to determine whether there are substantial and material revisions to the application/site plan. If so, one may proceed to the ZBA. If not, then one has to wait to refile. Obtaining approval of an MGL Ch. 40A, §16 petition is a tall task as it requires either consent of all members of the Board or consent of all but one member of the Board.

Hope this helps,

Gary

_____________________________________

Gary G. Ayrassian, Director

Department of Planning & Development 

City of Attleboro | City Hall - Government Center | 

77 Park Street | Attleboro, MA  02703 |

p: 508.223.2222 x 3143 | f: 508.222.3046 |

 <mailto:cityplanner at cityofattleboro.us> cityplanner at cityofattleboro.us |

 <http://www.cityofattleboro.us/> www.cityofattleboro.us |

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Evan Sears via MassPlanners (massplanners at masscptc.org)
Sent: Tuesday, September 6, 2022 12:32 PM
To: massplanners at masscptc.org
Subject: [Massplanners] Returning to ZBA after an initial denial

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

 <mailto:esears at cobma.us> esears at cobma.us

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