[Massplanners] Private conversations with an applicant?

[Burney, Adam]

Hi Doug,

Has the Board asked this individual to meet with the applicant or is this something they have decided is the best course of action in an attempt to be the white knight?

I have worked with Boards who have appointed a non-quorum group to have off-line meetings with a proponent in an attempt to resolve some complex and pointed issues that would have made the public hearings unbearably long. The appointed members were not able to guarantee any action by the Board and often there was further modification to the developer’s proposal, it did however demonstrably move the needle on the projects. I don’t believe discussions of this nature are a basis for appeal. It is important for a general outline of the conversation and any proposed changes made based on it are presented in the public hearing.

Respectfully,
Adam

Adam R. Burney, MPA
Director of Planning & Community Development
278 Old Sudbury Rd.
Sudbury, MA 01776

P: 978.639.3398
burneya at sudbury.ma.us<mailto:burneya at sudbury.ma.us>

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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Douglas Finn via MassPlanners
Sent: Thursday, February 13, 2025 11:23 AM
To: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] Private conversations with an applicant?

To all -

I need some reinforcement for my assumptions:

I have a board member who is proposing a one-on-one conversation with an applicant, in an attempt to work out differences as to the scope of their proposal, and to try to resolve some of the more sticky details.

This is in the middle of a special permit public hearing process (that has been continued twice, and will likely be continued again.

To me, I'm afraid this could expose the adjudicative board's decision in being overturned upon appeal.

Is there case law that supports my nervous concern?

Thanks,

- Doug.
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