[Massplanners] Site Plan Review Conundrum

[Taylor Torres]

Hello fellow planners,

I'm in a pickle on a site plan review situation and looking for any insight. I know MGL is silent on site plan review and it can be a gray area. My town's by-law treats the site plan review process as similar to a special permit (public hearing required, etc.) but in this case the application is for an as-of-right use.

The Planning Board voted 2-1-1 in favor of it with one member absent. Town Counsel informed me the quantum of vote is still 3 for a simple majority decision. Since it fell short of the needed vote, is it considered a denial? Can the petitioner come back next meeting and seek a re-vote or do they now have to go into the appeal process (in our case, ZBA)?

Thank you.

[cid:b682e6b5-3192-4629-adba-04cbb7e2824a]
Taylor (TJ) Torres, AICP
Director of Planning & Economic Development
508-576-8494 | ttorres at plainville.ma.us
Town of Plainville, MA
190 South Street | Plainville, MA 02762
Connect On LinkedIn<https://www.linkedin.com/in/taylor-tj-torres-aicp-23031464/>


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