[Massplanners] Site Plan Review Conundrum

[Downey, Brad]

Has the Planning Board filed a written decision with the Town Clerk yet, and did they officially vote to close the special permit hearing?

Our Planning Board recently voted 3-2 in favor of a Special Permit, but did not vote to close the special permit hearing. After the meeting, we realized a favorable 4-1 supermajority vote was required to pass. As the written special permit decision had not yet been filed with the Town Clerk, and as the Board did not explicitly vote to close the hearing, our Town Counsel advised that, though unusual, the Board could re-vote the matter at a subsequent meeting. We re-noticed all abutters so they were aware the discussion was going to continue even though an initial vote was taken. I would advise you confer with your Town's legal counsel to see what they advise.


Brad Downey
Senior Planner
Town of Wellesley
888 Worcester Street, Suite 160
Wellesley, MA 02482
Tel: 781-431-1019 ext. 2234
bdowney at wellesleyma.gov<mailto:bdowney at wellesleyma.gov>

When responding, please be advised, the Town of Wellesley and the Secretary of State have determined that email could be considered a public record.


From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Alison Manugian via MassPlanners
Sent: Thursday, May 8, 2025 9:12 AM
To: MassPlanners ListServ <massplanners at masscptc.org>; Taylor Torres <ttorres at plainville.ma.us>
Subject: Re: [Massplanners] Site Plan Review Conundrum


[ EXTERNAL EMAIL :  This message originated outside of the TOWN OF WELLESLEY mail system. DO NOT CLICK on links or open attachments unless you are sure the content is safe.]
I'd say this is a denial.


Thank you,

Alison



Alison Manugian

Assistant Town Manager

Community Development Director

amanugian at dracutma.gov<mailto:amanugian at dracutma.gov>

978-453-4557



________________________________
From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> on behalf of Taylor Torres via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Sent: Wednesday, May 7, 2025 12:22 PM
To: MassPlanners ListServ <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] Site Plan Review Conundrum


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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:image001.png at 01DBBFFB.9456E1E0]
Taylor (TJ) Torres, AICP
Director of Planning & Economic Development
508-576-8494 | ttorres at plainville.ma.us<mailto: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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