[Masshistpres] Fwd: HDC Continued Hearings

[Elizabeth Ware]

Planning Board, Board of Selectmen, Zoning Board and Conservation Commission related projects all have a requirement to record the written extension with the Town Clerk.  While MGL Chapter 40C, Section 11 allows an extension of time noted as “or within such further time as the applicant may allow in writing” there appears to be no requirement of the Historic District Commission to record with the City or Town Clerk.

That being stated, it never hurts to do so.

Betsy Ware

Director of Community Development
Town of Dracut, MA.
Telephone: 978-453-4557

From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of M Fenollosa
Sent: Tuesday, January 16, 2018 9:47 AM
To: masshistpres at cs.umb.edu
Subject: [Masshistpres] Fwd: HDC Continued Hearings


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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