[Massplanners] Zoning amendment hearings

[Corrin Meise-Munns]

Hi Bill,

I cannot speak with any legal expertise here, but in Longmeadow we have
undergone 4 of these in the past two years -- starting right when I came on
as the first Planning Director. It has been my job to ensure both the
Select Board and the Planning Board are informed of the MGL requirements
and follow the timelines, so I can tell you what I have learned and how we
implement it here.

Per MGL c40 s5, the Select Board receives the original petition and *must
forward to the Planning Board within 14 days* (not 21 days). This is not
discretionary; the Select Board cannot decide not to forward to the
Planning Board. The Planning Board then holds the Public Hearing within 65
days. Verbatim from c40 s5: "No zoning ordinance or by-law or amendment
thereto shall be adopted until after the* planning board* in a city or
town, and the city council or a committee designated or appointed for the
purpose by said council has each held a public hearing thereon, together or
separately, at which interested persons shall be given an opportunity to be
heard." Without a City Council, it is only the Planning Board that holds
the hearings.

You can also take a look at Form 7
<https://www.mass.gov/doc/form-7-zoning-procedures-attachments/download>,
which is the form that you will need to submit to the AG's Office to show
your community followed the correct procedure. That form only asks for
specific dates, and gives you the criteria surrounding the setting of those
dates. It's very helpful.

Corrin

On Mon, Jul 17, 2023 at 12:00 PM <massplanners-request at masscptc.org> wrote:

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> Today's Topics:
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>    1. Zoning amendment hearings (bcolema at comcast.net)
>    2. Televised Meetings (Stephanie Davies)
>    3. Re: Televised Meetings (Michelle Tyler)
>    4. Re: [EXTERNAL]  Televised Meetings (Michael McCarthy)
>    5. Re: Televised Meetings (Eric Twarog)
>    6. Re: Televised Meetings (Lois)
>    7. Re: Zoning amendment hearings (Richard Harris)
>    8. Re: Televised Meetings (Darlene Wynne)
>    9. Re: Televised Meetings (Elizabeth Bonventre)
>
>
> ----------------------------------------------------------------------
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> Message: 1
> Date: Mon, 17 Jul 2023 08:49:47 -0400 (EDT)
> From: bcolema at comcast.net
> To: "massplanners at masscptc.org" <massplanners at masscptc.org>
> Subject: [Massplanners] Zoning amendment hearings
> Message-ID: <1098264961.433723.1689598187540 at connect.xfinity.com>
> Content-Type: text/plain; charset="utf-8"
>
> When a developer/landowner sponsors a rezoning of parcels from
> Ag/Residential to Industrial (in order to allow a major industrial project)
> and presents an overall proposal to a Town Select Board, who holds the
> hearings?  It seems to me that C 40 s 5 states the the SB needs to forward
> the rezoning proposal to the Planning Board within 21 days and for the PB
> to then post and hold the required public hearing.  But some are of the
> mind that hearings for the whole proposal (the industrial use and the
> rezoning amendment) are the responsibility of the SB.  Leading to a Town
> vote of course.  Guidance appreciated.
>
> Bill Cole
> PB
> Hardwick MA
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> ------------------------------
>
> --
*Corrin Meise-Munns* *(she/her)*
Assistant Town Manager / Director of Planning & Community Development
Town of Longmeadow, MA
(413) 565-4110
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