[Massplanners] Hearing(s) for zoning bylaw changes

[Richard Harris]

Good Morning Mr. Cole,

No. Once the Planning Board receives the referral from the Selectboard,
they are obligated to set and hold a public hearing.  In Towns with a
Planning Board, this is a Planning Board scheduled, advertised, and
conducted public hearing - it may be different in cities.

The Selectboard sets the Town Meeting date. Town Meeting cannot vote on the
amendments unless the Planning Board has held the public hearing and made a
recommendation to Town Meeting or the 65 days has lapsed from the referral
by the Selectboard.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Thu, Feb 22, 2024 at 11:40 AM William Cole via MassPlanners <
massplanners at masscptc.org> wrote:

> 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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