[Massplanners] Private conversations with an applicant?
Daniel Fortier
daniel.j.fortier at gmail.com
Thu Feb 13 12:06:36 EST 2025
I echo Richard, I discourage all discussion between Board members and
applicants or public outside of the hearing. Clearly any outside
discussion taints the fairness of the public discourse. Generally, I as the
Planner understands the issues and can represent the Board in this type of
discussion and report ba k to the Board in the hearing.
Daniel Fortier, AICP Retired Planner
On Thu, Feb 13, 2025, 10:59 AM Richard Harris via MassPlanners <
massplanners at masscptc.org> wrote:
> 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.
>> --
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>>
> --
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>
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