[Massplanners] PB - drafting conditions

[Nipun Jain]

Another important part of the decision is the Findings section. This section creates the underpinning for the special conditions that go in a decision for larger projects. Many boards tend to gloss over any discussion on the findings. If they are detailed in a draft decision, then the Board can vote on the findings as well, making them part of the record. Very helpful if the Board’s decision is appealed by a party of interest.

NIPUN JAIN
Director of Planning
T (978) 388-8110
C (978) 270-9873


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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of cityplanner--- via MassPlanners
Sent: Thursday, May 11, 2023 5:09 PM
To: 'Belansky, Evan' <ebelansky at chelmsfordma.gov>; 'MassPLanners CPTC' <massplanners at masscptc.org>
Subject: Re: [Massplanners] PB - drafting conditions

Hi Evan,
Specifically when: conditions are discussed and adopted by majority vote of the Planning Board after the public hearing is closed (not necessarily on the same night the public hearing is closed); we have a boilerplate list of conditions that apply 95% to every subdivision (the boilerplate conditions are occasionally modified, as necessary); in addition, the Board will impose additional conditions specific to a subdivision;
Specifically how: whether on the same night the public hearing is closed or at a subsequent meeting, the Planning Board discusses conditions of approval and requests the staff to prepare a draft decision; the draft decision is prepared and distributed to the Board in advance of the next meeting; at the next meeting, the Board discusses the decision and conditions of approval; they then vote;

Same process for waivers. However, there are instances during the public hearing process that the Board will vote on a requested waiver(s) because the outcome of some waivers have a ripple effect on the design of other aspects of, for example, a definitive subdivision plan.  For example, the Attleboro Planning Board’s minimum centerline radius is 200-feet. Some developers have requested a reduction that could result in a shorter roadway. The length of roadway impacts the design of the stormwater management system. So this is an instance when I advise the Board to decide on a waiver during the public hearing process so that the applicant has the direction needed to move forward with a design.

I hope this helps.

Thanks,
Gary

_____________________________________
Gary G. Ayrassian, Director
Department of Planning & Development
City of Attleboro | City Hall - Government Center |
77 Park Street | Attleboro, MA  02703 |
p: 508.223.2222 x 3143 | f: 508.222.3046 |
cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us> |
www.cityofattleboro.us<http://www.cityofattleboro.us/> |

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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Belansky, Evan via MassPlanners (massplanners at masscptc.org<mailto:massplanners at masscptc.org>)
Sent: Thursday, May 11, 2023 9:32 AM
To: MassPLanners CPTC <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] PB - drafting conditions

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


Notice: Please be aware the Massachusetts Secretary of State has determined that most emails to and from the City of Amesbury are public records and therefore cannot be kept confidential.
MGL: Chpt.66, Sec.10 Public Records Law.<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section10/>
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