[Massplanners] Hearing(s) for zoning bylaw changes

bcolema at comcast.net bcolema at comcast.net
Thu Feb 22 11:39:30 EST 2024


Our town of Hardwick has a Planning Board and a Select Board.  A landowner (corporation) has presented the Select Board with a request for at least two zoning changes.  MGL Chapter 40A section 5 lays out the process and timetable by which the SB forwards the proposals to the PB.  As we understand it, after that the next steps are that the PB set a date for a Public Hearing to begin within 65 days of receipt of the proposal from the SB, post and hold and close the hearings and then possibly offer a non-binding opinion recommendation to approve or not approve the proposal.  And then set a date for Special Town Meeting at which the proposals (non-housing related) would be adopted if 2/3 of voters approved.  Any comments on our understanding of the process are welcome. 
 
But there is one definite question I'd like to ask:  40A sec 5 reads:  No zoning ordinance or by-law or amendment thereto shall be adopted until after the planning board in a city or town, and the city council or a committee designated or appointed for the purpose by said council has each held a public hearing thereon, together or separately, at which interested persons shall be given an opportunity to be heard. 
 
Does this mean that the Planning Board cannot set and hold the Hearing on its own? 
 
Thanks in advance.
 
Bill Cole
Hardwick PB 
 
 
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