[Massplanners] Repetitive Petitions and PB votes

[cyberburke at gmail.com]

With regards to question one, it applies to the reintroduction.  As the original failed to pass, it must be reintroduced and repeat the process and will only be considered again within the two year period if it receives a favorable recommendation from the Planning Board.

 

For question two, a tie vote is the same as no recommendation and as such the Town Meeting may not vote on the article until 21 days have passed from the date of the close of the public hearing,  Unless the vote of Town Meeting is after the 21 day period, the amendment is not eligible for a vote by virtue of the lack of a Planning Board recommendation.  The Planning Board recommendation needs to be binary, Recommend or Not Recommend. The amendment may be considered by Town Meeting immediately after the issuance of the Planning Board recommendation and must be acted upon within 6 months by Town Meeting and 90 days by City Council.

 

Russell J. Burke, AICP 

Special Projects Manager

1 Mercantile Street, Suite 610 / Worcester, MA 01606

O: 617-896-4300 / D: 617-896-4510 / C: 617-633-3590

 <mailto:rburke at bscgroup.com> rburke at bscgroup.com

 <http://www.bscgroup.com/> www.bscgroup.com



 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of William Cole via MassPlanners
Sent: Tuesday, September 12, 2023 10:58 AM
To: massplanners at masscptc.org
Subject: [Massplanners] Repetitive Petitions and PB votes

 

>From CPTC webinar: 

  

"If a city or town fails to approve a zoning 
proposal, the proposal cannot be considered 
by the council or town meeting within two 
years unless the planning board recommends 
adoption." 

  

Question:  does "unless the PB recommends adoption" refer to the original proposal that failed to gain Town Meeting approval....or to the reintroduction of the proposal within two years? 

  

Question:  If a PB holds hearings on a zoning amendment and then either has a tie for PB vote regarding support, or does not deliver an opinion either way, this would seem to qualify as not "recommending adoption" correct?   

  

Thanks for your input. 

  

Bill Cole 

Hardwick MA 

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