[Massplanners] Private conversations with an applicant?

[Richard Harris]

I recognize that individual board members will engage in discussions with
applicants and members of the public outside of public hearings - I don't
think that is good or sound practice. It calls into question whether Board
members are making decisions based on the public record or information they
have privately received. As an alternative, I have engaged in such
discussions and relayed to the full board the details and new information
arising from that discussion in the public hearing - usually with written
materials I have posted on a website.

If an applicant wants to explain aspects of a project to a few members,
they should do so to all the members and the public. Similarly, if board
members have need for clarification regarding a project, they need to do so
in the public hearing where everyone can hear the question and the response.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Thu, Feb 13, 2025 at 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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