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Introduction to the Zoning Act

Roles and Responsibilities of Planning and Appeals Boards Part 1 – Roles & Administration. Introduction to the Zoning Act. A Presentation by the Citizen Planner Training Collaborative. What we cover today:. PART 1: Being a local official: Administration, Voting, Hearings

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Introduction to the Zoning Act

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  1. Roles and Responsibilities of Planning and Appeals Boards Part 1 – Roles & Administration Introduction to the Zoning Act A Presentation by the Citizen Planner Training Collaborative CPTC 2009

  2. What we cover today: PART 1: • Being a local official: Administration, Voting, Hearings • What do planning and zoning boards do? • Your sources of Support PART 2: Next Session 2:45-4:00pm • Conduct: Conflict of Interest, Open Meeting, Public Records • Your sources of support CPTC 2009

  3. Board Administration and Management Think of your Board as an organization that needs to be run effectively CPTC 2009

  4. The Town/City Hall Team • Town Clerk: Filing, posting • Building Inspector: Zoning enforcement • Conservation Commission: Wetlands protection • Board of Health: Title 5; subdivision review • Historic Commission: Development impacting historic districts • Town Counsel • Board of Selectmen,Mayor,Town/City Manager • Finance Committee: Budgets • Cooperate, don’t litigate CPTC 2009

  5. The Town/City Hall Team Ways to Cooperate: • All-boards meetings • Joint reviews • Shared computer database • Circulation list for all applications • Development review process manual • Understanding each board’s responsibilities • Sharing clerical staff CPTC 2009

  6. Board Rules and Regulations • Organization and Standing Procedures • Election of officers • Meeting schedules, agendas, and rules of order • Appointments • Liaison with other boards and staff • Cable TV • Other CPTC 2009

  7. Your Board as Supervisor: • Subject to appropriations, may hire clerks, planners, consultants • Professional staff-volunteer board relationships: Scope of authority & responsibility Technical know- how Overall policy vs. specific projects, • Create clear job descriptions and systems of accountability • Support your staff CPTC 2009

  8. Voting Requirements Quorum: The number of board members required to meet and to make a decision General Rule: The Majority of a Board is a quorum and the Majority of a quorum may act CPTC 2009

  9. Chapter 40A, Section 11Public Hearing Important considerations: • Notices • Format of the hearing itself • The option of continuance • The timing for making and recording decisions • Availability of Information CPTC 2009

  10. Majority • The Majority is the number of votes needed from the quorum • Extraordinary voting requirements - Special permits and variances – 2/3 vote CPTC 2009

  11. Voting • Must take place at meetings • No call-ins or faxes • Abstention counts toward a quorum • Mullin Rule: M.G.L. c 39 s23D, participate and vote after missing 1 public hearing CPTC 2009

  12. Constructive Grant Process If your Board fails to meet a deadline for a specific decision, it may result in an automatic approval. This is called a Constructive Approval. CPTC 2009

  13. Planningand Zoning

  14. What do Planning and Zoning Boards do???

  15. Planning Board Set Up • 5-9 members • 3-5 years staggered terms • Elected or appointed • Associate members allowed for special permits - 5 member board = 1 associate - more than 5 member board = 2 associates - use associate members for absence, conflict, or vacancy CPTC 2009

  16. Zoning Board of Appeals • 3 or 5 members • Typically appointed • Associate members allowed CPTC 2009

  17. Zoning Role of planning board in zoning: A) Zoning Amendments: • Propose zoning by-law/map amendments • Conduct public hearings on proposed zoning • amendments • Make recommendations to town • meeting/council B) Permit Role: • Act as SPGA • Act as site plan review/site plan approval • authority • Advise on Comprehensive Permits CPTC 2009

  18. Zoning Role of ZBA in zoning: • Hears administrative appeals to decisions of the Building Inspector • Hears special permit applications if it is the Special Permit Granting Authority • Hears Comprehensive Permit Requests • Hears requests for variances CPTC 2009

  19. Zoning Zoning is a process that: • divides a community into districts • regulates the use of land • regulates the dimensional aspects of structures CPTC 2009

  20. CPTC 2009

  21. Planning Planning is a process of preparing in advance, and in a reasonably systematic fashion, recommendations for programs and courses of action to attain the common objectives of the community - Anthony Catanese CPTC 2009

  22. Planning • Creates better opportunities for orderly growth • Minimizes costs and conflicts • Protects natural and cultural resources • Creates a healthy economy • Provides diverse housing • Efficient use of taxes CPTC 2009

  23. Who does what in planning? • The law assigns legal responsibility to the Planning Board for Master Plans and other planning and administration. M.G.L. Chapter 41, Section 81D – Master Plans • The law assigns responsibility to the Zoning Boardof Appeals for handling appeals, variances, comprehensive permits, and other key decisions. CPTC 2009

  24. Master Plan(also referred to as comprehensive plan) “A Planning Board established in any city or town under Ch.41, S. 81A shall make a master plan . . . and from time to time may extend or perfect such a plan.” A Master Plan shall be created in accordance with Ch. 41, S. 81D. A Master Plan is a document that expresses a community’s vision for the future and serves as a guide for municipal decisions. It addresses: • Future land use patterns • Provision of services • Relationship among, housing, business, open space, and transportation. CPTC 2009

  25. Master Plan Role of the Planning Board • Make, adopt and amend • Spearhead broad based input • Seek town meeting/city council approval • Advocate use as guide for decisions Role of Zoning Board of Appeals • Have representative on Master Plan Committee • Participate in public process CPTC 2009

  26. Other Plans Including: • Downtown • Open Space • Community Development • Recreation CPTC 2009

  27. Massachusetts's Zoning Laws • 1933 – Adopts U.S. Dept. of Commerce Standard State Zoning Enabling Act • 1954 – Statute was rewritten and codified (Chapter 40A) • 1975 – Chapter 808 of the Acts of 1975 adopted (Major revision of Chapter 40A) CPTC 2009

  28. Zoning A zoning ordinance or bylaw regulates the use, pattern, and appearance of development through zoning districts, dimensional regulations, etc. If a community has a zoning ordinance/bylaw, a zoning map is also required Use table: uses may be permitted by right, by special permit, by variance, or permitted with site plan approval - or be prohibited altogether. CPTC 2009

  29. Zoning A Few Definitions: • Site Plan Review/Site Plan Approval (SPR/SPA) • Special Permit (SPGA) • Form Based Codes • Variance CPTC 2009

  30. Subdivision Control Law MGL 41§ 81K-GG

  31. Subdivisions A subdivision regulates the division of a tract of land into two or more lots both residential and nonresidential. Subdivision regulations specify standards for roadways, water, waste water, drainage and storm water that affect the new rights of way for the municipality. CPTC 2009

  32. Subdivision Control Role of the Planning Board: • Adopt subdivision rules and regulations • Determine whether a plan is ANR • Review and approval or disapproval of preliminary and definitive subdivision plans CPTC 2009

  33. Types of Subdivisions Include: • Cluster/Open Space • Conservation • Conventional Subdivision • Approval not Required (ANR) CPTC 2009

  34. Subdivision Performance Guarantee • Type of Guarantee - Proper Bond - Deposit of Money or Negotiable Securities - Covenant - Agreement whereby lender retains funds • Can use one or combination of guarantees • Applicant selects type of guarantee CPTC 2009

  35. Role of the ZBA in Subdivision Approval The Board may rest

  36. Comprehensive PermitsMGL Chapter 40B Newton Manchester-by-the-Sea Walpole

  37. Comprehensive Permits Method of consolidating all local approvals with a single application to the ZBA ZBA Duties: • Adopt rules and regulations • Receive and rule on applications • Notify each applicable other local board for their recommendation • Opens public hearing within 30 days of RECEIPT of application • Decision by majority vote • Written decisions, findings CPTC 2009

  38. Permits-Approvals-Licenses • Applications may need other Local, State • and/or Federal review: - Council/Select Board - Licenses - Conservation Commission – wetlands - State Environmental Agencies – Chapter 21E procedure - NEPA/MEPA – Environmental Review CPTC 2009

  39. Fees • Application • Consultant Review (MGL 53G – Requires Board regulation) CPTC 2009

  40. Roles and Responsibilities of Planning and Appeals Boards Part 2 – Conflict of Interest, Open Meeting, Public Records Introduction to the Zoning Act A Presentation by the Citizen Planner Training Collaborative CPTC 2009

  41. Conflict of Interest LawMGL Chapter 268A Who is covered? • Elected/Appointed members • Paid/Unpaid staff/officials • Full and part time municipal employee/special municipal employee CPTC 2009

  42. Conflict of Interest LawMGL Chapter 268A • Definitions • Gifts/compensation • Financial interests • Standards of conduct • Public disclosure CPTC 2009

  43. Conflict of Interest Law A public official or employee shall not knowingly: • Act in a manner such that a reasonable person might conclude that he or she might act with bias • One-step written disclosure to dispel appearance of conflict • Secure unwarranted privileges for his/herself or others CPTC 2009

  44. Conflict of Interest Law A public official or employee shall not knowingly: • Use inherently coercive authority • Use official resources for private or personal use • Disclose confidential information • Accept inherently incompatible employment CPTC 2009

  45. Conflict of Interest Law – does it apply to you in a certain case? • Entitles one to formal opinion from: Town Council - Not Confidential State Ethics - Confidential • Protect yourself from embarrassment • Take the initiative rather than hope for the best • Advise your Board in advance if you are in conflict • Appearance of Conflict CPTC 2009

  46. If you are a member with a conflict…. • Member with conflict cannot count towards quorum • Member with conflict cannot vote on the matter • Member may not participate in the matter (best course of action is for member to leave the room during deliberation and vote) • Rule of Necessity* may need to be invoked CPTC 2009

  47. General Standards of Conduct • A Board member may not: • Accept other employment which would impair independent judgment • Improperly disclose confidential information • Use position to gain privileges • A Board Member Should • Listen to all sides • Consider the overall public good • Be well informed before making decisions CPTC 2009

  48. Open Meeting LawMGL Chapter 39 Section 23A-B Purpose: To conduct government business in full view of the public CPTC 2009

  49. Open Meeting Law • Holding an “Open Meeting” requires • that the public can: • Find out that it is happening (posting) • Find out where it is happening (posting) • Find out who attended (minutes) • Find out what matters were discussed and what decisions were made (minutes) • Physically access the meeting room CPTC 2009

  50. Open Meeting Law • Applies to: • Subcommittees and work sessions • Emergency meetings (exception for notice requirement) • Serial electronic communications provided no deliberation • Does not apply to: • Site visits • Social gatherings CPTC 2009

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