[Massplanners] Zoning Board case - constructive approval
Harry LaCortiglia
hlacortiglia at comcast.net
Thu Jun 29 09:45:46 EDT 2023
I occasionally have the same problem with Netflix.
Happy 4th! Everyone!
H.
On 6/28/2023 4:13 PM, Paige via MassPlanners wrote:
> My ID number does not grant me access but I've never taken the time to
> figure out why. Just wanted to add that I, too, cannot gain access
> even with a valid APA ID number.
>
> ~Paige
>
> ______________________
>
> Paige E. Duncan, AICP
>
> Director of Land Use and Economic Development
>
> Town of Foxborough
>
> 40 South Street
>
> Foxborough, MA 02035
>
> W: 508.543.1250
>
> F: 508.543.6278
>
> pduncan at foxboroughma.gov <mailto:pduncan at foxboroughma.gov>
>
> www.foxboroughma.gov/planning <http://www.foxboroughma.gov/planning>
>
>
> On Wed, Jun 28, 2023 at 11:59 AM Comia, Ken via MassPlanners
> <massplanners at masscptc.org> wrote:
>
> Hi all,
>
> The direct link to the guidebook with its disclaimer can be found
> here: The Guidebook to Massachusetts Land Use – 2021 Disclaimer –
> American Planning Association – Massachusetts (apa-ma.org)
> <https://www.apa-ma.org/resources/guidebook/>.
>
> If you scroll to the bottom and click /Acknowledgement/, your
> national membership ID allows you to log in to the resource there.
>
> The Chapter Administrator can assist with those who are chapter
> members – you can email him at communications at apa-ma.org.
>
> Ken Comia
>
> *Kenneth Comia, AICP *
>
> /Deputy Director, Land Use and Environment Department/
>
> //
>
> *Pioneer Valley Planning Commission*
>
> 60 Congress Street – Floor 1
>
> Springfield, MA 01104
>
> p: 413-285-1175 | e: kcomia at pvpc.org <mailto:kcomia at pvpc.org>
>
> w: pvpc.org <http://www.pvpc.org/>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On
> Behalf Of *Richard Harris via MassPlanners
> *Sent:* Wednesday, June 28, 2023 11:11 AM
> *To:* Daniel Fortier <daniel.j.fortier at gmail.com>
> *Cc:* Listserv (massplanners at masscptc.org) <massplanners at masscptc.org>
> *Subject:* Re: [Massplanners] Zoning Board case - constructive
> approval
>
> Here is a link to the Mass APA site
>
> https://www.apa-ma.org/
>
> On Wed, Jun 28, 2023 at 10:59 AM Daniel Fortier via MassPlanners
> <massplanners at masscptc.org> wrote:
>
> Ok, I am logged into my national APA account. How do I create
> a password for the state APA site? I do not see anywhere on
> the site a place to create a log in.
>
> Dan Fortier
>
> Retired Planner
>
> On Wed, Jun 28, 2023, 8:37 AM Jeff Lacy via MassPlanners
> <massplanners at masscptc.org> wrote:
>
> Far as I know it’s only available electronically via the
> APA-MA website. APA-MA paid handsomely for the years of
> work that went into this prodigious project. I think
> APA-MA membership is a small price to pay.
>
> Jeff Lacy
>
> Rural Planning Associates
>
> (413) 230-9693
>
> Sent from my iPhone
>
>
>
> On Jun 28, 2023, at 7:06 AM, Harry LaCortiglia via
> MassPlanners <massplanners at masscptc.org> wrote:
>
>
>
> I'm not an APA-MA member... Is there any chance that a
> Planning Board member such as myself, might be able to
> access that resource? (Any bootleg copies available?)
>
> H. LaCortiglia
> Georgetown Planning Board
>
> On 6/26/2023 11:38 AM, ruralplanningassociates--- via
> MassPlanners wrote:
>
> By the way, MA planners, the answers to this and
> many, many questions that come up in the course of
> running our planning offices can be found in “The
> Guidebook to Massachusetts Land Use,” written by
> Bob Mitchell and Bob Ritchie. It’s available to
> any APA-MA member. A tremendous resource!
>
> Jeff lacy
>
> Rural Planning Associates
>
> (413) 230-9693
>
> *From:* Jeff Lacy
> <ruralplanningassociates at crocker.com>
> <mailto:ruralplanningassociates at crocker.com>
> *Sent:* Monday, June 26, 2023 7:47 AM
> *To:* Bob Mitchell <mitchellfaicp at gmail.com>
> <mailto:mitchellfaicp at gmail.com>
> *Cc:* Stephen Wallace <swallace at sterling-ma.gov>
> <mailto:swallace at sterling-ma.gov>;
> massplanners at masscptc.org; Bill Caldwell
> <bcaldwell at sterling-ma.gov>
> <mailto:bcaldwell at sterling-ma.gov>
> *Subject:* Re: [Massplanners] Zoning Board case -
> constructive approval
>
> Thanks, Bob, for the more complete answer.
>
> Jeff Lacy
>
> Rural Planning Associates
>
> (413) 230-9693
>
> Sent from my iPhone
>
> On Jun 25, 2023, at 8:57 PM, Bob Mitchell via
> MassPlanners <massplanners at masscptc.org> wrote:
>
>
>
> Stephen: There seems to be a number of issues
> in the special permit situation in your email,
> one of which Jeff has addressed. A few comments:
>
> a) As Jeff noted, after the close of the
> public hearing the board has ninety days to
> take final action, final action being the
> making of the decision, the vote on the
> decision, and the filing of the written
> decision with the town clerk. The board is
> required to file its written decision
> within 14 days of making the decision and the
> 14 days has to occur within the 90 day time
> period. Some boards make and vote on the
> decision within the context of the public
> hearing and close the hearing after the vote.
> Other boards close the public hearing and then
> deliberate and vote on a decisioni at a
> subsequent public meeting (not
> a public hearing). Either way, the 14 day
> clock starts from the date of the vote on the
> decision.
>
> b) There are a number of court decisions that
> clarify what modifications a board may make in
> its decision after having made the decision.
> The most important distinction the courts
> have noted is that a board may make clerical
> corrections at a subsequent public meeting.
> However, if the modification is substantive
> and changes the result of the original
> decision, then the only way for the board to
> modify the original decision is to go through
> a new special permit process (public notice,
> notice to abutters, public hearing etc.). Is
> changing the number of units allowed by the
> decisions substantive? The town needs to
> answer that question.
>
> c) As for a constructive grant, there is a
> defined procedure that the applicant would
> have to go through in order to claim
> constructive grant, starting with filing such
> a claim after the 90 days from the close of
> the hearing expire without a decision being
> filed with the town clerk. If this procedure
> is followed and the applicant receives a
> constructive grant certificate from the town
> clerk, the constructive grant is based on the
> original plans submitted by the applicant.
> There would be no board review, no changes to
> those plans, and no conditions on those plans.
>
> Bob Mitchell FAICP
>
> Planning Consultant
>
> Land Use, Planning, Zoning, & Training Programs
>
> 151 Tremont Street Suite 23A
> <https://www.google.com/maps/search/151+Tremont+Street%0D%0A++++++++++++++++++++++++++++++++Suite+23A+%0D%0A+++++++++++++++++++++++++++++%0D%0A+++++++++++++++++++++++++++++%0D%0A+++++++++++++++++++++++++++++++Boston,+MA+02111?entry=gmail&source=g>
>
> Boston, MA 02111
> <https://www.google.com/maps/search/151+Tremont+Street%0D%0A++++++++++++++++++++++++++++++++Suite+23A+%0D%0A+++++++++++++++++++++++++++++%0D%0A+++++++++++++++++++++++++++++%0D%0A+++++++++++++++++++++++++++++++Boston,+MA+02111?entry=gmail&source=g>
>
> 617-512-9751 (c)
>
> MitchellFAICP at gmail.com
>
> On Thu, 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?
>
> Stephen Wallace
>
> Town Planner
>
> Phone: 978-422-8111, Extension 2320
>
> Email: swallace at sterling-ma.gov
> <mailto:swallace at sterling-ma.gov>
>
> Butterick Municipal Building
>
> 1 Park Street
>
> Room 202
>
> Sterling, MA 01564
>
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> --
>
> Thank you
>
> Richard Harris, AICP
>
> PDR, LLC
>
> Planning Consultant
>
> 413-335-5012
>
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> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
>
>
> --
>
>
> *****************************
> Paige E. Duncan, AICP, Director of Land Use and Economic Development
> Foxborough Town Hall, 40 South Street
> Foxborough, Massachusetts 02035
> Ph: 508-543-1250
>
> pduncan at foxboroughma.gov
>
>
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