[Massplanners] Site Plan Review Conundrum

[Mark Smith Design Inc.]

I agree with Alison here. If a quorum is three, it failed.

Regarding re-vote vs. appeal process, I would seek another opinion from
Town Counsel, as this process differs form municipality to municipality.

--

Mark Smith
Planning Board
Town of Lenox

designink9 at gmail.com

On Thu, May 8, 2025 at 9:15 AM Alison Manugian via MassPlanners <
massplanners at masscptc.org> wrote:

> I'd say this is a denial.
>
> Thank you,
>
> Alison
>
>
>
> Alison Manugian
>
> Assistant Town Manager
>
> Community Development Director
>
> *amanugian at dracutma.gov <amanugian at dracutma.gov>*
>
> 978-453-4557
>
>
> ------------------------------
> *From:* MassPlanners <massplanners-bounces at masscptc.org> on behalf of
> Taylor Torres via MassPlanners <massplanners at masscptc.org>
> *Sent:* Wednesday, May 7, 2025 12:22 PM
> *To:* MassPlanners ListServ <massplanners at masscptc.org>
> *Subject:* [Massplanners] Site Plan Review Conundrum
>
>
> *[EXTERNAL]* This message originated from outside the Town of Dracut. Use
> caution when opening attachments, clicking links or responding to requests
> for information.
> 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.
>
>
> *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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>
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