[Massplanners] Special Permit Granting Authority

[Colleen Stansfield]

Here is the link to the MGL
General Law - Part I, Title VII, Chapter 40A, Section 9 (malegislature.gov)<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section9>

Colleen Stansfield
Business Administrator
Town of Southborough
Planning Department
508-485-0710 ext. 3027

Please be advised that the Secretary of State considers all e-mails to be a public record.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Megan Rhodes via MassPlanners
Sent: Thursday, March 28, 2024 3:34 PM
To: 'massplanners at masscptc.org' <massplanners at masscptc.org>
Subject: [Massplanners] Special Permit Granting Authority

[EXTERNAL]
Hi Planners,

I have request from a town to clarify if the Planning Board has Special Permit Granting Authority (SPGA). The specific bylaw in which a potential project is seeking a Special Permit states that the Planning Board is the SPGA only via the Use Table.  Within the actual bylaw, it says “shall require a Special Permit and Site Plan Review in accordance with the Zoning Bylaws of the Town.”

However, the Special Permit section of the zoning bylaws makes no mention of the Planning Board and in fact only says “Special Permits shall be granted, denied, or issued with conditions by the Zoning Board of Appeals according to the provisions of Chapter 40A of the Massachusetts General Laws” and makes no mention of the Planning Board.

Can the Planning Board act as the SPGA because it is mentioned in the Use Table as a requirement or does the Special Permit section need to be revised to allow other bodies to act as SPGAs?

Thanks All!
Megan Rhodes, AICP
Livability Program Manager

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