[Massplanners] Zoning Board case - constructive approval

[Jeff Lacy]

Town Counsel misspoke. Decision  must be made within 90 days of close of hearing. Final action (filing a written decision) must occur within 14 days of the board’s vote. The 14 days must fall within the 90. So, if the board voted on day 30 after close of hearing, final action must occur within 14 days thereafter. Whole thing cannot exceed 90 unless parties agree.

Bob Mitchell, please correct me if I’m off.

Jeff Lacy
Rural Planning Associates 
(413) 230-9693

Sent from my iPhone

> On Jun 22, 2023, at 10:20 AM, Stephen Wallace via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
> Questions on constructive approval. Here goes….
> 
> The Situation: Our Zoning Board voted to approve a Special Permit for a multi-family development. Before the decision was filed, the Board believed that they had made a mistake on the calculation on how many units were allowed under the bylaw. The Board wanted to amend the approval and correct the number of units.  (Which is allowed per MGL 40A Section 14).  The Town obtained an opinion from Counsel that they may correct the decision, but it must be done at a public meeting and it had to be done with 14 days of the close of the public hearing.
> 
> The Board, being unable to meet within the 14 days has decided to refuse to sign the decision and allow constructive approval.  According to Bobrowski, the SPGA must take "final action" within 90 days from the date of the close of the public hearing.  And the "14 days" shall be part of the 90 days but not beyond the 90 days.  This seems to contradict what our counsel stated that "final action" was to take place 14 days from the close of hearing.
> 
> Questions: Has anyone had a Board refuse to sign a decision that they approved?  Do you have any thoughts on how to handle the constructive approval?  If the Board refuses to sign and allow constructive approval to take over, does the decision they negotiated go away and the original application get approved?
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>  
> 
> Stephen Wallace
> 
> Town Planner     
> 
> Phone: 978-422-8111,  Extension 2320             
> 
> Email: swallace at sterling-ma.gov 
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>  
> 
> Butterick Municipal Building
> 
> 1 Park Street
> 
> Room 202
> 
> Sterling, MA 01564
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>  
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