[Massplanners] Opening and Continuing Public Hearings with no quorum

[Watchilla, Rob]

Hey Ken,

I believe the covid era regulations dealt with having members present remotely to institute a quorum. As for not having a quorum in order to open a public hearing, yes you would have to readvertise. MGL 40A is very strict with advertising requirements and most Special Permit hearings need a super majority present in order to have a quorum. Hope this helps!

Best,
Rob



Robert Watchilla, AICP<https://www.credly.com/badges/314e3c90-9e15-4bf3-b47c-bcf8c15e8680/public_url>
Planner
Staff Liaison: ZBA and DRB
[cid:image001.png at 01DA0CA7.2E8C0150]
Town of Amherst
4 Boltwood Avenue,
Amherst, MA 01002
413-259-3120 (direct)
413-259-3030 (main)
amherstma.gov<https://www.amherstma.gov/>

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Comia, Ken via MassPlanners
Sent: Tuesday, October 31, 2023 3:50 PM
To: massplanners at masscptc.org
Subject: [Massplanners] Opening and Continuing Public Hearings with no quorum

Hello planners,

It's perfect we have another question of the day regarding public hearings!

I somehow recall that during COVID times there may have been an opportunity for the chair to open and continue a public hearing or some arrangement when there wasn't a quorum to open a hearing before remote meetings became a thing. Was I imagining something like that where the Board Chair without a quorum could open and continue a public hearing if there was no quorum?

As a refresher, what is the most appropriate process in opening a public hearing and/or continuing etc. when you do not have a quorum to act on a permit? If a Board is unable to open a hearing due to lack of quorum to act on a permit or even lack of quorum to open a hearing, does the board have to readvertise for a future date? What are towns and cities doing now?

Thanks in advance for sharing your public hearing opening and continuation processes!

Ken

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/>

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