[Massplanners] PB - drafting conditions

[Michelle Tyler]

Randolph

-Decisions and conditions discussed only after the close of public comments
on the proposal. Typically the public hearing has remained open

-Staff starts crafting decisions and conditions based upon comments made by
Board members during discussions

-If the project is large/involved and there are likely to be many
conditions outside of the Board standards (rodent control,
stabilized construction entrance, site maintenance, etc.), staff may send
it to the Board in advance for their review. They make their individual
notes in preparation for discussion during the next meeting so they can be
wordsmithed as part of any motion. This helps to ensure that conditions are
specific to ensure comprehension and compliance during
construction/operation as applicable.

-If the conditions are lengthy, staff may share a DRAFT copy (clearly
marked) with the applicant and their project team to ensure their
comprehension before any final vote.

-Agenda packets are available for public viewing (digital agenda software)
and include the  documents the Board has available for a meeting. If there
are documents that weren't included in a packet, they are viewed on screen
during the meeting. All documents are fully visible to the public.

-The Board does not typically engage with the public after public comments
have been closed. That's not to say that comments haven't been heard or
that the Board isn't mitigating concerns in their development of conditions
-- only that the public is not part of the *active* deliberation of the
decision/conditions.

-The decision/conditions are shared with the Building Commissioner as well
as the applicant and their project team. Staff also attach them to the
request for building permit (online permitting) when it comes in.  Staff is
required to "sign-off" on the Building Permit which also provides an
opportunity to discuss with the contractor.


As to the WHY it's done this way:  mostly so that there is a clear record
of the expectations of the Planning Board clearly documented.  Far too
often, the Board has found that the contractor for a project claims they
aren't aware of anything other than the Board's approval. It sounds like
this should be fool-proof but sadly it's not!!!  So when staff stops work
or insists on some correction, the decision/conditions are a solid
reference.

*Michelle R. Tyler*
*Director of Planning*
*Town of Randolph*
*781-961-0936*
*Please be advised that the Massachusetts Secretary of State considers
e-mail to be a public record, and therefore subject to the Massachusetts
Public Records Law, M.G.L. c. 66 § 10.*


On Thu, May 11, 2023 at 9:34 AM Belansky, Evan via MassPlanners <
massplanners at masscptc.org> wrote:

> The context of the below is applicable to a large and complex and
> controversial project, with significant abutter / neighborhood engagement,
>  that would require customized conditions related to such items as hours of
> operation, hours of deliveries, traffic monitoring, etc
>
>
>
> When and how does your PB draft conditions for a decision?
>
> Specifically, when….it is during the public hearing or after the close of
> the public hearing.
>
> Specifically, how……if during the hearing are the potential proposed
> conditions simply being itemized as a list or are the conditions being word
> smithed / drafted for specificity?
>
>                                                 If after the hearing is
> closed….is staff or Board drafting the initial conditions for review?
>
>
>
>
>
> The above questions speak to what extent does the public have an
> opportunity to review and provide comment on the proposed conditions?
>
>
>
> What process does the PB use to develop / craft conditions?
>
>
>
> And why has the PB chosen this process?
>
>
>
> Thanks
>
>
>
> Evan Belansky
>
> Chelmsford Community Development Director
>
>
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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