[MassHistPres] [Masshistpres] Fwd: HDC Continued Hearings

[John Worden]

In Arlington, we have a pre-printed assent-to-continuance form, which we make sure the applicant signs before leaving the room.

 

John Worden.

Secretary, Arlington HDC

 

John L. Worden III, Esq.
Simonds, Winslow, Willis & Abbott, P.A.
50 Congress Street, Suite 925
Boston, Massachusetts 02109

(617) 227-8662
(617 227-1961 -  fax

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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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