[Massplanners] Private conversations with an applicant?

[Andrea A.]

Douglas:

Not sure about the exact case law, as I've been retired from planning for a
while, but I was taught (and practiced the policy that) any contact between
an applicant and one Board Member is strictly forbidden.

If such a one on one meeting were to occur, the involved Board Member would
have information that was not shared simultaneously with the other Members,
and, it took place outside of the public's ability to hear what was
discussed.

This is the definition of Ex Parte (apologies to those better at Latin)
communication.  The only way in my book that a Board Member is allowed to
interact with the applicant is either in a public meeting, or a public
hearing.

No such prohibition is attached to any communications between applicants
and staff, or between staff and Board Members.

Finally, your Town Counsel can render an opinion which would be binding on
the Board Member.  Good luck 🤞.
Andrea Adams
Land Use Planner
118 Green Street
Woburn, MA 01801
508-332-8070

On Thu, Feb 13, 2025, 11:24 AM Douglas Finn via MassPlanners <
massplanners at masscptc.org> wrote:

> 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.
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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