[Massplanners] Length of Special Permit public hearings

[Jamie Webb]

Hi Ken!
I hope all is well with you. It has been the position in Easthampton that
there is no limitation to the amount of time that a hearing can stay open
(with proper acknowledgments throughout the process on extension requests
and continuances to date certain) as long as the board is not just
continuing as a delay tactic. Once the board has all of the required
submittals and all the extra information that they have requested and all
public comment has been heard then the board must deliberate and/or close
the hearing.

According to the Massachusetts APA Land Use Law Guidebook:
Section 4-32, "Zoning - Action Date Timelines", Subsection 3.1, Note A4:
While there is no statutory limit to the duration of the public hearing,
unjustified continuances of the hearing for no valid evidentiary purpose
have led courts to find the hearing has actually “closed” as of the date of
the last evidentiary session, resulting in a constructive approval for
failing to make and file the decision within the 90 days prescribed.

Section 4-27 "Comprehensive Permit", subsection 8.3:
PUBLIC HEARING – CONTINUANCE – The hearing may be continued for a
reasonable period if additional time is needed to address substantive
questions. Though the board should not close a hearing before it has
received all information necessary to make a sound decision, repeated
continuances can raise due process concerns. If the applicant believes that
the hearing has been extended so long and unnecessarily that the delay
constitutes a constructive denial of the permit, the applicant may appeal
to the HAC.

I hope this helps!

Jamie Webb
Senior Planner
City of Easthampton - Planning Department
50 Payson Avenue, Easthampton, MA 01027
413.529.1405  /  Website <https://easthamptonma.gov/176/Planning>  /
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<https://www.facebook.com/Easthampton-Planning-Department-380076865424358>
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On Tue, Sep 19, 2023 at 1:54 PM Comia, Ken via MassPlanners <
massplanners at masscptc.org> wrote:

> Hi Planners,
>
>
>
> Not sure if there’s guidance out there regarding the length of time a
> special permit public hearing item can stay open. Knowing MGL has its
> requirements for when hearings are to be convened and decisions to be
> rendered, are there guidelines on how long a public hearing can stay open
> with proper acknowledgments throughout the process on extension requests
> and continuances to date certain? Is there a practice regarding this?
>
>
>
> Any insight will be greatly appreciated.
>
>
>
> 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
>
> w: pvpc.org <http://www.pvpc.org/>
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
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>
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