[Massplanners] Site Plan Review Conundrum

[Daniel Fortier]

Definitely a denial, since it is by-right probably going to be challenged
and you will likely lose.  Get Counsel advice on how to correct this as
quickly as possible.

Daniel Fortier, AICP Retired Planner

On Thu, May 8, 2025, 8:46 AM Mark Smith Design Inc. via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>> <https://www.google.com/maps/search/Plainville,+MA+%0D%0A190+South+Street?entry=gmail&source=g>
>> 190 South Street
>> <https://www.google.com/maps/search/Plainville,+MA+%0D%0A190+South+Street?entry=gmail&source=g>
>> | Plainville, MA 02762
>> Connect On LinkedIn
>> <https://www.linkedin.com/in/taylor-tj-torres-aicp-23031464/>
>>
>>
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>>
>
>
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