[Massplanners] Private conversations with an applicant?

[John Charbonneau]

Doug,

I have had this situation come up in a previous community during a special permit public hearing, where 2 members of the Planning Board had some lingering issues they wanted to discuss with the applicant outside of the public hearing.  So I facilitated an off-site meeting because the Town Hall had a delayed opening because of a snow storm, and we met at a café across the street.  The members expressed their issues and the applicant got to explain their views on them.  I have found that there can be value to being able to have these types of non-public conversations, as long as it doesn’t violate the open meeting law.  That meeting was very productive and the Board members felt much better about the project following the meeting.

Sometimes a private conversation is very productive because the individuals feel they can be more candid with each other.

John

John Charbonneau
Town Planner & Community Development Coordinator
Town of Rutland
246 Main Street
Rutland, MA 01543
(508) 886-4100 x3001

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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