[Massplanners] [EXTERNAL]Re: Private conversations with an applicant?

Thu Feb 13 12:35:58 EST 2025

Jay

Makes a good point about “pre-application” discussions. I would  usually
have those discussions on a staff level. But if a prospective applicant
insists on wanting to meet with the Board and the Chair concurred, I would
schedule any such board discussions as part of a regular meeting and have
the item included on the posted agenda. I would always advise board members
not to express opinions about the project but identify initial
issues/concerns that they see with the project.

Never would I include such a meeting once an application had been submitted.

This typically is not what a prospective applicant wanted but it is the
most I would even suggest.

Thank you

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

On Thu, Feb 13, 2025 at 12:25 PM Jay Vinskey <j.vinskey at cityofwestfield.org>
wrote:

> Except that substantively engaging the Board pre-hearing can make it look
> like the Board is a partner on the project, and the public/abutters feel
> like "the fix is in"
>
>
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> *Jay Vinskey, AICP, RLA*
> City Planner
>
> 59 Court Street - Suite 300, Westfield, MA 01085
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> ------------------------------
> *From:* MassPlanners <massplanners-bounces at masscptc.org> on behalf of
> John Cruz via MassPlanners <massplanners at masscptc.org>
> *Sent:* Thursday, February 13, 2025 12:12 PM
> *To:* Richard Harris <rhplanner01075 at gmail.com>
> *Cc:* Mass Planners <massplanners at masscptc.org>
> *Subject:* [EXTERNAL]Re: [Massplanners] Private conversations with an
> applicant?
>
>
> CAUTION: This email originated from outside of the organization. Do not
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>
> 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.
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> John Cruz, AICP
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