[Massplanners] Petitioned Zoning Amendments

[Schreiber, Gideon]

Watertown has the petitioner pay for the legal notice when it is not a City request.  Since they are requesting a public hearing they pay the cost of the legal, which is required to hold the hearing they have requested.  There are no formal fee at this time so the required mailing of notice is paid for by the City.

Gideon Schreiber, AICP, Assistant Director of Planning
________________________________
Community Development & Planning
City of Watertown, 149 Main Street, Watertown, MA 02472
(617) 972-6417 then press 1 and then 3

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 THOMAS FUDALA via MassPlanners
Sent: Friday, February 3, 2023 4:09 PM
To: Thomas Bott <tbott.townplanner at verizon.net>; Thomas Bott via MassPlanners <massplanners at masscptc.org>; Kristina Johnson <kjohnson at townofhudson.org>; Alan Pease <master471 at gmail.com>
Subject: Re: [Massplanners] Petitioned Zoning Amendments

40A Section 5 language is a little muddled on mandating a PB hearing within 65 days, but assuming one is held, the PB has an additional 21 days to file a report on its vote/recommendations regarding a zoning article. So, Select Board, per Section 5, "must" (but very often doesn't) forward the article to the PB within 14 days and adding this all up, there can be up to 100 days between the submission of an article and the delivery of the PB's recommendation. There are cases where the PB can "pocket veto" an article by not holding a hearing or, more legally, not file their recommendation before the date of Town Meeting (unless 21 days have passed between their hearing and the TM date), since TM can't vote on a zoning article without a report, "with recommendations", from the PB. My PB actually killed a few zoning articles by filing a report that said the PB declined to make a recommendation!

Tom Fudala AICP retired
On 02/03/2023 1:26 PM Thomas Bott via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:


Dear Alan:
The PB is required to hold a hearing within 65(?) days of when the Select Board forwards the articles to Planning. If the TA's office doesn't have a complete petition, i.e. no check for advertising, they don't/can't forward the petition in order for Planning to advertise.
TBott

Thomas Bott Carver Town Planner

You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary


On Friday, February 3, 2023 at 01:12:31 PM EST, Alan Pease via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:


If we don't have enough money in our budget to advertise the hearing for petition zoning articles we request a reserve fund transfer for an unanticipated expense. My understanding is the Planning Board is required to hold a hearing and therefor incurs any associated costs.

On Fri, Feb 3, 2023, 8:35 AM Kristina Johnson via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

Hello Friends and Colleagues,



A Friday question for my municipal peeps…for petitioned zoning amendments, who is responsible for paying for the legal advertisements for the statutory public hearing? The petitioner (s)? The property owner? The municipality? Here is Hudson this cost is borne by my Department’s Ad budget; and, as you all know, the cost for legal ads adds up quick. Lately, we are getting a lot of petitioned articles (many we don’t even support), and this cost is wiping out my budget.



Let me know how your municipality handles this cost.



Thanks, and stay warm.

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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