[Massplanners] Private conversations with an applicant?

[Maureen Pollock]

Hi Doug,

You may wish to review the 2021 Massachusetts Land Use Guidebook<https://www.apa-ma.org/apa-guidebook/> regarding ex parte communication

Also, here is a cut/paste of a few key sections:

2.0 – Due Process (see PDF page 401 of 442)

  *   2.3 – EX PARTE COMMUNICATIONS – An ex parte communication means an informational exchange outside the public hearing process with someone involved or potentially involved in the matter pending before the board. Ex parte communications must be avoided. However, if a board member either has had an ex parte communication or otherwise comes into possession of information that bears on the case, this should be disclosed at the public hearing so that the parties have an opportunity to rebut or comment upon it.

Ex parte communication: (see PDF page 419 of 442)

  *   If general information is brought to your attention, or if someone approaches you with information to discuss a matter that will be, or is, before your board, consider stating something to the effect: “These are serious issues that will be thoroughly, carefully, and fairly examined at a hearing. If you have something to say, come to the hearing and ask to be heard. Or submit written testimony expressing your viewpoint.”
  *   Any information that has inadvertently come to your attention should be disclosed at the hearing so that either party will have an opportunity to comment, respond, or introduce evidence relating to it. In addition, you as a board member can pose questions at the hearing relating to it.

Sincerely,

Maureen

Maureen Pollock (she/her)
Planning Director
Town of Montague
Department of Planning & Conservation
1 Avenue A
Turners Falls, MA 01376
Phone: (413) 863-3200 x 112
Web: www.montague-ma.gov/planning<https://urldefense.com/v3/__http:/www.montague-ma.gov/planning__;!!CPANwP4y!WnWhq8D3i5Kss1s3ePZAQXTFXaaozDzuGaKVsU-wkPZDphDXAyDe2IG0p0urihnnyjLdzRttbHgqI9kAGeaDX5on7eyp$>
Email: mpollock at montague-ma.gov<mailto:mpollock at montague-ma.gov>

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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