[Massplanners] PB - drafting conditions

Fri May 12 12:23:08 EDT 2023

Interesting………for precisely the same reason, we follow a very similar protocol (in instances when the ConCom, ZBA, and PB are all involved in a project’s permitting process, or any two); the only departure is that they render votes/decisions after the close of the public hearing. While there is nothing that statutorily compels applicants to file all of the petitions that they need at the same time, my staff and I encourage and advocate simultaneous filings; and I’d say 98% of the time, they do. It’s a heavy lift upfront when one needs to file with the ConCom, ZBA, and PB but the vast majority of developers recognize the benefits on the back end.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Nipun Jain via MassPlanners (massplanners at masscptc.org)
Sent: Thursday, May 11, 2023 6:45 PM
To: Chris Rembold <crembold at Townofgb.org>; Sarah Raposa <mansfieldplanner at gmail.com>; Michelle Tyler <mtyler at randolph-ma.gov>; massplanners at masscptc.org
Subject: Re: [Massplanners] PB - drafting conditions

Our Board only closes the public hearing after a final vote has been taken. This is very helpful when there are multiple applications involved for the same project – special permit, definitive subdivision, site plan and they were not filed together. It is much easier to discuss all of them together for the purpose of determining conditions, waivers, etc. We try to issue one decision across all permits.

NIPUN JAIN
Director of Planning

T (978) 388-8110
C (978) 270-9873

From: MassPlanners <massplanners-bounces at masscptc.org <mailto:massplanners-bounces at masscptc.org> > On Behalf Of Chris Rembold via MassPlanners
Sent: Thursday, May 11, 2023 4:01 PM
To: Sarah Raposa <mansfieldplanner at gmail.com <mailto:mansfieldplanner at gmail.com> >; Michelle Tyler <mtyler at randolph-ma.gov <mailto:mtyler at randolph-ma.gov> >; massplanners at masscptc.org <mailto:massplanners at masscptc.org> 
Subject: Re: [Massplanners] PB - drafting conditions

Ours is very similar also. Sometimes, and this can get interesting, the Board will want the draft findings and conditions BEFORE they close the public hearing, so that the conditions can be actively discussed with the applicant and abutters. 

Once the hearing is closed the board would review the findings and proposed conditions again, button up, then vote on the findings and then vote on the permit with conditions. Sometimes this takes several more sessions before we get to a vote. The clock starts to tick again once the hearing is closed, so multiple meetings always makes me nervous that we’ll miss a deadline. 

Chris

 <https://townofgb.org/> 

Christopher Rembold, AICP

Assistant Town Manager /  

Director of Planning and

Community Development 

413-528-1619, x. 2401

crembold at townofgb.org <mailto:crembold at townofgb.org> 

Town of Great Barrington

334 Main Street

Great Barrington MA 01230

The Secretary of State's office has determined that most e-mails to and from municipal offices and officials are public records. Consequently, confidentiality should not be expected.

From: MassPlanners <massplanners-bounces at masscptc.org <mailto:massplanners-bounces at masscptc.org> > On Behalf Of Sarah Raposa via MassPlanners
Sent: Thursday, May 11, 2023 11:17 AM
To: Michelle Tyler <mtyler at randolph-ma.gov <mailto:mtyler at randolph-ma.gov> >
Cc: MassPLanners CPTC <massplanners at masscptc.org <mailto:massplanners at masscptc.org> >
Subject: Re: [Massplanners] PB - drafting conditions

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My practice in Medfield (and now in Mansfield) was very similar to Michelle's in Randolph.  

After the public hearing portion of the hearing is closed the Board will move into the deliberations portion where they focus on the findings, waivers, conditions and then after they are all buttoned up, they'll either do a separate vote to accept the findings/waivers/conditions/project or do them as a whole. Recently I started a template for a particularly complex decision after the 1st public hearing session. There were 4 sessions with specific topics at each session. That way I could add the findings and the gist of potential conditions without losing track over the course of a few months. 

--

Sarah L. Raposa, AICP 

Director of Planning & Development 

Mansfield, MA

sraposa at mansfieldma.com <mailto:sraposa at mansfieldma.com>  | 508.851.6457  

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