[Masshistpres] Fwd: HDC Continued Hearings

[M Fenollosa]

Hi, everyone -

A gentle reminder to those HDCs that continue hearings on applications 
for additional information, lack of quorum, or any other reason: get the 
applicant's agreement to the continuance /in writing/.  An appeals panel 
of the Metropolitan Area Planning Council (MAPC) recently found that the 
failure to comply with the statutory requirement for written 
confirmation was fatal to an HDC's determination of inappropriateness, 
made after the mandated original time limits, forcing the HDC to issue a 
constructive certificate of hardship ...the panel relied on a Haverhill 
planning board case where the undocumented continuance did not bind a 
developer even though the developer had orally agreed to the continuance 
at the original hearing, and his agreement had been reflected in the 
minutes of the meeting.

MGL Chapter 40C Section 11 reads "As soon as convenient after such 
public hearing but in any event within sixty days after the filing of 
the application, or such lesser period as the ordinance or by-law may 
provide,or within such further time as the applicant may allow in 
writing, the commission shall make a determination on the application. 
If the commission shall fail to make a determination within such period 
of time the commission shall thereupon issue a certificate of hardship."

Be warned, and be careful!

Marilyn Fenollosa

Lexington

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