[Massplanners] Private conversations with an applicant?

[John Cruz]

I agree with Richard entirely.

Based on my municipal experience, whoever staffs the board should be the
intermediary to have offline discussions with a member of the public
outside of public hearings. Board members meeting with someone on an issue
outside of these public talks, regardless of the legality, is not a good
look. I'm also a fan of work sessions that are outside of the standard
board meetings before the public hearing process begins, either with or
without the petitioner, to hear a board's concerns with a development to
hopefully get ahead of any issues that can bog down a public hearing.

-John

On Thu, Feb 13, 2025 at 11:59 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.
>> --
>> MassPlanners mailing list
>> MassPlanners at masscptc.org
>> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>


-- 
John Cruz, AICP
john at cruzweb.net | 314-688-6463
<http://www.urbanistdispatch.com/>
Misplaced Focus - www.misplacedfocus.com
www.linkedin.com/in/johncarloscruz
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