[Massplanners] PB - drafting conditions

Thu May 11 16:19:20 EDT 2023

Our process is very similar to Michelle's below.

The Board has also accepted a set of "standard conditions" that are almost
always included (e.g. rodent control, review required for modifications,
building consistent to the approved plan, stormwater management reporting,
etc.). These standard conditions are often putting into the decision things
we already expect the developer/proponent to do based on the Ordinance or
standard practice. Contractors / builders are not going back into the
ordinance or regulation to see what they are supposed to do.

We list all conditions within the decision letter itself and have found
that necessary so the record is clear and we can point to the list of
requirements at time of building / occupancy permit. Specifically, so they
cannot say "we didn't know."

Darlene Wynne, AICP

*City of Beverly*

*Director of Planning & Development*

*978-605-2341*

*dwynne at beverlyma.gov <dwynne at beverlyma.gov>*

*--*

*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. *

On Thu, May 11, 2023 at 10:43 AM Michelle Tyler via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>>
>>
>>
>>
>> --
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>>
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