8572_AMENDMENT TO RULES AND REGS FILING FEES � ,S 7cL
l�M-erldme,A+ �a
PU�CS d i2e� s
FI-)�n9 Fees
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
September 22, 2008
I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE APPROVED CHANGES
TO THE SUBDIVISION RULES AND REGULATIONS OF THE AGAWAM PLANNING
BOARD.
APPROVED September 18, 2008
VOTE: 4 YES, 0 NO, 0 ABSTENTIONS
ATTEST:
ichard . Therc u Town Clerk
C>
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0 Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
y` Tel. 413-786-0400 Fax 413-786-9927
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PLANNING BOARD 3 >
w (In-:
September 22, 2008
Recorder of Land
24 New Chardon Street
Court House
P.O. Box 9662
Boston, MA 02114
To Whom It May Concern:
Attached please find amendments to the Agawam Subdivision Rules and Regulations which were
approved by the Planning Board on September 18, 2008.
Sincerely,
Violet Baldwin, Acting Chairman
AGAWAM PLANNING BOARD
DSD/DSD:prk
cc: HCRD
Town Clerk
File
0
AMENDMENTS TO SUBDIVISION RULES & REGULATIONS
APPROVED - September 18, 2008
Amend Section 159-4 A Plan believed not to require approval which now reads:
A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be
filed with the Land Court a plan of land and who believes that his plan does not
require approval under the Subdivision Control Law may submit his plan, two
originals and two copies,minimum and application Form A to the Planning Board
accompanied by the necessary evidence to show that the plan does not require
approval. Said person shall file, by delivery or registered mail, a notice with the
Town Clerk stating the date of submission for such determination and
accompanied by a copy of said application. A filing fee of$35 shall accompany
the application.
Amend Section 159-4 A Plan believed not to require approval shall now read:
A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be
filed with the Land Court a plan of land and who believes that his plan does not
require approval under the Subdivision Control Law may submit his plan, two
originals and two copies, minimum and application Form A to the Planning Board
accompanied by the necessary evidence to show that the plan does not require
approval. Said person shall file,by delivery or registered mail, a notice with the
Town Clerk stating the date of submission for such determination and
accompanied by a copy of said application. A filing fee of$50 plus $20 per lot
shall accompany the application.
Amend Section 159-6 B (2) Preliminary Plan - Method of Submission which now reads:
(2) Notice shall be given to the Town Clerk when the preliminary
application is filed with the Planning Board. A filing fee of$25
plus $5 per acre or any part thereof shall accompany the
application. Payment shall be made by check payable to the Town
of Agawam. Should the application be determined to be
incomplete, the fee shall be returned and all privileges shall be
voided.
0
Amend Section 159-6 B (2) Preliminary Plan - Method of Submission shall now read:
(2) Notice shall be given to the Town Clerk when the preliminary
application is filed with the Planning Board. A filing fee of$250
plus $25 per lot or any part thereof shall accompany the
application. Payment shall be made by check payable to the Town
of Agawam. Should the application be determined to be
incomplete, the fee shall be returned and all privileges shall be
voided.
Amend Section 159-7 B (5) Definitive Plan- Method of Submission which now reads.
(5) A filing fee of$150 plus $60 per acre or any part thereof shall
accompany the application. Payment shall be by check payable to
the Town of Agawam.
Amend Section 159-7 B (5) Definitive Plan - Method of Submission shall now read:
(5) A filing fee of$500 plus S75 per Iot or any part thereof shall
accompany the application. Payment shall be by check payable to
the Town of Agawam.
Amend Section 159-7 C (8)(b)(2) Definitive Plan - Contents of Application which now reads:
(2) Plans shall be presented in two sets of original or reproducible
drawings and five sets of copies. All other documents shall be
presented in three copies. One set of original plans and one copy
of other documents will be returned to the applicant as endorsed.
Amend Section 159-7 C (8)(b)(2) Definitive Plan - Contents of Application shall now read:
(2) Plans shall be presented in two sets of original or reproducible
drawings and a minimum of five sets of copies. All other
documents shall be presented in three copies. One set of original
plans and one copy of other documents will be returned to the
applicant as endorsed.
PROPOSED AMENDMENTS TO SUBDIVISION RULES & REGULATIONS
September 18, 2008
Amend Section 159-4 A Plan believed not to require approval which now reads:
A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be
filed with the Land Court a plan of land and who believes that his plan does not
require approval under the Subdivision Control Law may submit his plan,two
originals and two copies, minimum and application Form A to the Planning Board
accompanied by the necessary evidence to show that the plan does not require
approval. Said person shall file, by delivery or registered mail, a notice with the
Town Clerk stating the date of submission for such determination and
accompanied by a copy of said application. A filing fee of$35 shall accompany
the application.
Amend Section 159-4 A Plan believed not to require approval shall now read:
A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be
filed with the Land Court a plan of land and who believes that his plan does not
require approval under the Subdivision Control Law may submit his plan,two
originals and two copies,minimum and application Form A to the Planning Board
accompanied by the necessary evidence to show that the plan does not require
approval. Said person shall file,by delivery or registered mail, a notice with the
Town Clerk stating the date of submission for such determination and
accompanied by a copy of said application. A filing fee of$50 plus $20 per lot
shall accompany the application.
Amend Section 159-6 B (2) Preliminary Plan- Method of Submission which now reads:
(2) Notice shall be given to the Town Clerk when the preliminary
application is filed with the Planning Board. A filing fee of$25
plus $5 per acre or any part thereof shall accompany the
application. Payment shall be made by check payable to the Town
of Agawam. Should the application be determined to be
incomplete, the fee shall be returned and all privileges shall be
voided.
Amend Section 159-6 B (2) Preliminary Plan- Method of Submission shall now read:
(2) Notice shall be given to the Town Clerk when the preliminary
application is filed with the Planning Board. A filing fee of$250
plus $25 per lot or any part thereof shall accompany the
application. Payment shall be made by check payable to the Town
of Agawam. Should the application be determined to be
incomplete, the fee shall be returned and all privileges shall be
voided.
Amend Section 159-7 B (5) Definitive Plan-Method of Submission which now reads:
(5) A filing fee of$150 plus $60 per acre or any part thereof shall
accompany the application. Payment shall be by check payable to
the Town of Agawam.
Amend Section 159-7 B (5) Definitive Plan- Method of Submission shall now read:
(5) A filing fee of$500 plus $75 per lot or any part thereof shall
accompany the application. Payment shall be by check payable to
the Town of Agawam.
Amend Section 159-7 C (8)(b)(2)Definitive Plan - Contents of Application which now reads:
(2) Plans shall be presented in two sets of original or reproducible
drawings and five sets of copies. All other documents shall be
presented in three copies. One set of original plans and one copy
of other documents will be returned to the applicant as endorsed.
Amend Section 159-7 C (8)(b)(2) Definitive Plan - Contents of Application shall now read:
(2) Plans shall be presented in two sets of original or reproducible
drawings and a minimum of five sets of copies. All other
documents shall be presented in three copies. One set of original
plans and one copy of other documents will be returned to the
applicant as endorsed.
AGAWAM PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, September 18, 2008 at
7:45 PM at the Agawam Public Library, 750 Cooper Street, Agawam,MA. The purpose of this
hearing will be to hear the petition of the Agawam Planning Board on proposed amendments to
the Subdivision Rules and Regulations regarding filing fees.
Per order of:
Travis Ward,Chairman
AGAWAM PLANNING BOARD
To be run 9/4 &9/11/08.
i
September 4,zoos MAWAf I ADVERTISER NEWS Page 70 itt ioric�s
ALFRED F. BOOSKA for his valor and bravery on the battle of W& I Construction,Inc.,a NASCAR was a member of the Massachusetts
Alfred F. "Al" Booska, 88, of field as well a final battlefield promotion race fan and owner of a 76X Late Model. Association of Independent Insurance
to sergeant first class. He returned to his She leaves her husband of 43 years,John Agents. He belonged to the Sons of Erin
Agawam, died Friday,Aug. 29 at home.Al was born in Bristol, Vt., the son of home in Feeding Hills where he married W. Johnson; two daughters, Michelin in Westfield and the "Old Farts" Golf
Joseph and Delia (Patno) Booska, and his wife, Bettyanne and raised four chil- "Miki"Shea and her husband,John Shea League. He was a communicant of
has lived here since the 1950s. He dren. He was communicant of Valley of Agawam, and Tammijean Johnson of Sacred Heart Church in Springfield and
worked as an appliance repair man retir- Community Church in Feeding Hills, Westfield; a son-in-law, Daniel Romano; a Korean Army veteran. He was prede-
ing in 1984 after 15 years with the Sears where his father in-law, Reverend Frank a brother, Giles "Wally" and his wife, ceased by his wife, Jeannette (Limoges)
Corporation. He served in the Pacific Dunn, was the founder. He worked and Barbara Daigneau of Southwick; a sister, Sullivan in 1996. He leaves his longtime
with the United States Army during continued his service to his country as a Priscilla "Patti" Thornton and her part- companion, Jean E. Brusseau of
World War II and was a longtime mem- Staff Supervising Officer at the U.S. ner, Bill Donnellan of Feeding Hills; a Agawam; two sons,Stephen G. Sullivan,
ber of the First Baptist Church in Army Reserve Center on East Street in brother, Richard and his wife, LauraLee and Patrick J. and his wife, Cynthia A.
Agawam. He leaves his wife of 52 years, Springfield. He served the Cacti Brigade Bertram of Blandford; two sisters, Sullivan, all of Westfield; a daughter,
Leona (Kampschroer) Booska; a son, as a Chief Warrant Officer 4. John Cynthia and her husband, Ed Weber of Karen A. Sullivan and her partner,
Steven and his wife, Amanda of San worked hard, but he also loved to enter- Agawam, and Pamela Sulak and her Deborah Alves of East Otis; a sister and
Francisco; five daughters, Nancy L. tain. John was a semi-professional magi- partner, Steve Hahn of California; five her husband, Theresa and Robert
Booska-Velozo and her husband, Bill of cian and performed numerous magic grandchildren. ---inson, Conway of Springfield; and three grand-
Feeding Hills, Elizabeth R. Blood and shows in the greater Western ordan children, Stephanie, Shayna and Riley
her husband, Dana of Bradenton, Fla., Massachusetts area. He performed for :veral Patrick Sullivan. The funeral was from
many youth groups as well as started a rihed the Agawam Funeral Home,with a Mass
Marian 1. Schindler of Agawam, Betty s
Moore and her husband, Larry of Deer local chapter of the Linking Ring. John 0 a the in Sacred Heart Church and burial in
Park,Calif. and Laloni Normand and her retired with his wife to North Truro ass in Gate of Heaven Cemetery, both in
husband, Harold of Monson. He also (Cape Cod) in 1989. He stayed very al in Springfield. Donations may be made to
leaves 18 grandchildren; 18 great-grand- active in his local church as well and tions the Sacred Heart Renovation Fund, 395
children and two great-great-grandchil- joined his local chapters of the VFW, iting Chestnut Street,Springfield,MA 01104.
dren. Al was predeceased by his daugh- American Legion, and was a member of ± L. 058,
ter, Connie Hollis in 1992; his grandson, the Masonic Temple. He served as Post ...__ �.K.zo the JACQUELINE WILLARD
Matthew O'Connor in 2002; his grand- Commander of the VFW. John will be National Ovarian Cancer Coalition,4900 Jacqueline
daughter, Tina Marie Hollis in 1962 and missed by many. Services were held at Hopyard Road, Suite 200, Pleasanton, Marie "Jackie"
his son-in-law, Joseph Hollis in 1998, Southwick-Forastiere Funeral Home. CA 94588. ( W o o d s )
Burial will be at a later date in the
The funeral was held at the Agawam Willard, of
Curran-Jones Funeral Home followed by Massachusetts Veteran's Memorial JEAN-PAUL ROY Agawam, 82,
burial in the Agawam Center Cemetery. Cemetery. Donations in memory of John Jean-Paul Roy, 81,.of Feeding Hills, passed away
Memorial contributions may be made to may be made to The National Parkinson died at home in the loving comfort of his peacefully at
the First Baptist Church, 760 Main St. foundation by calling (800) 327-4545 or family on Thursday, Aug. 28. He was home at
Agawam,MA 01001. by the Web at Parkinson.org (click on born in Quebec, Canada on March 7, Heritage Woods
donation,then,memorial gift). 1927. He came to Springfield in 1955 in Agawam on
JOHN S. CESAN and found work as a mason. Jean-Paul T u e s d a y
John S. Cesan, of Feeding Hills and CRYSTAL L. JOHNSON was a communicant of Sacred Heart August 26. She
North Truro, 79, died on August 29 at Crystal L. Church. He leaves his loving wife of 53 was born in
( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
the Holyoke Soldiers' Home. He was Johnson, 61, of daughters, Joann Stewart of California, of the late Bartholomew and Catherine
born July 13, 1929 in Feeding Hills, son Y y Agawam, died on Danielle Roy of Illinois and Amy (Donahue) Woods. She was predeceased
of David E. Cesan and Irene Cesan. He Wednesday, Daugherty of South Carolina; and a by her husband of 59 years, Howard
was predeceased by his sister, Ruth August 27 at grandson, Sean Stewart. He was the old- Willard, who died in 2005. Jackie grew
Bettyanna (Dunn) Cesan; his brother,
Cesan. leaves behind his wife, home surrounded est of 15 children and leaves his eight up in Springfield and graduated from
�- n
David T..Cesan and sister-in-law, Dee 3 by her loving brothers and six sisters. The funeral was , Classical High School..She.,was a long-
Dee Cesan of Feeding Hills; two daugh- family. Born in from Agawam Curran-Jones Funeral time resident of the 16 Acres section of .
ters, Anne Cesan and Camille Klein Webster, daughter Home followed by Mass in Sacred Heart Springfield where she and her husband
(husband Neil); two sons,John T. Cesan = � of the late Giles Church. Howard raised their children. She started
l and Paul Cesan (wife Tracy); and four and Lorraine her career with the Fisk Rubber
wonderful grandchildren Rachel, (Gadbois) Daigneau, she was a 1966 JAMES SULLIVAN, JR. Company before becoming a telephone
graduate of Windsor Connecticut High operator and longtime employee of the
Brittany, Bailey, and Johnny. John had a James J.
wonderful family life growing up in School. She lived in Agawam for many Sullivan,Jr., JD, original "Ma Bell," AT&T, retiring in
years. Crystal graduated in 1970 as a � 1989. She was a communicant of St.
Feeding Hills working on the family �- 76, of Agawam, ,
licensed practical nurse from the Western _. Patrick's Church in Springfield. During
farm with immediate family as well as = died on Friday,
his large extended family. John told Massachusetts Hospital School of August 29 in her retirement, she and Howard enjoyed
many stories about how his family's Nursing. She then graduated in 1993 as a B a y s t a t e traveling and attending her grandchil-
farm was the first in Western Mass to registered nurse from Holyoke Medical Center. dren's athletic events and other activi-
Community College. She worked for ties. Jackie was a loving wife, mother
start the pick-your-own-strawberries, of Born in
which they were famous for. He also five-and-a-half years at the Hampden €g i Springfield, son and grandmother. She will be missed by
Count House of Correction, 10 ears at her three sons, Bruce C. and his wife,
looked back on his family's business the y y � of the late James
Eastern States Farmer's Exchange which the former Springfield Hospital and also _ J. and Anna Robin Willard of Enfield, Brian K. and
worked for the Department of Rosemary Willard of Holyoke, and
his father and brother started, with many ( Kearney )
fond memories, including stories of hard Corrections for the State of Connecticut Sullivan, he was a 1949 graduate of David L. Willard and Debbie Willard of
work lifting several hundreds of pounds She was an emergency medical techni- Cathedral High School. He lived most of Sioux City, S.D. She also leaves two spe-
of grain and carrying them up several cian and a former Brownie and Girl his life in Westfield, moving to Agawam cial grandchildren, Jillian Willard of
flights of stairs to make grain deliveries Scout leader. She taught the EMT pro- in 2004. James received his business Natick, and Eric Willard of San Diego,
to local farmers. John entered the US gran'at Hartford Hospital where she was degree from St. Michael's College in Calif. The funeral was at the Agawam
also a volunteer and worked on the Funeral Home, followed by burial in St.
Army on April 24, 19S 1 as a young pri- Suffield Ambulance as an EMT.She was Winooski, Vt. and his Juris Doctorate Michael's Cemetery. Donations may be
vate, and was assigned to the 2nd degree in 1972 from Western New
a foster parent for 20 years and a cony- made to the American Lung Association,
Infantry Division. He was assigned to a England College. He was the owner of
Field Artillery Battery during the Korean municant of St. Theresa's Church of All the O'Brien-Murphy Insurance Agency 393 Maple Street, Springfield, MA
War and was awarded the Bronze Star Saints Parish. She was also the co-owner where he worked for over 25 years and 01105.
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larvest estivdl a�,Oct.so
_. of that unforgettable moment captured
in the newspaper. Photos become
timeless when framed or prinked on a
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_MMt-shirt, mug or mouse pad
You can now purchase photographs '
' from THE AGAWAM ADVERTISER NEWS
2 h ekSteet online by visiting www.turiey.cam.
' t 11 > A Q1C13 „ _
Browse through galleries of photos taken by our staff
photographers that appear every week in THE AGAWAM
" ►` a ADVERTISER NEWS. You will also be able to purchase
► � many photos that didn't make it into print..
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September 4,2008 AGAWAN ADVHRTISER NEWS Page 7_
Obiltori
ALFRED F. BOOSKA for his valor and bravery on the battle of W&I Construction,Inc., a NASCAR was a member of the Massachusetts
Alfred F. "AI" Booska, 88, of field as well a final battlefield promotion race fan and owner of a 76X Late Model. Association of Independent Insurance
Agawam, died Friday,Aug. 29 at home. to sergeant first class. He returned to his She leaves her husband of 43 years,John Agents. He belonged to the Sons of Erin
Al was born in Bristol, Vt., the son of home in Feeding Hills where he married W. Johnson; two daughters, Micheline in Westfield and the "Old Farts" Golf
Joseph and Delia (Patna) Booska, and his wife, Bettyanne and raised four chil- "Miki"Shea and her husband,John Shea League. He was a communicant of
has lived here since the 1950s. He dren. He was communicant of Valley of Agawam, and Tammijean Johnson of Sacred Heart Church in Springfield and
worked as an appliance repair man retir- Community Church in Feeding Hills, Westfield; a son-in-law,Daniel Romano; a Korean Army veteran. He was prede-
ing in 1984 after 15 years with the Sears where his father in-law, Reverend Frank a brother, Giles "Wally" and his wife, ceased by his wife, Jeannette (Limoges)
Corporation. He served in the Pacific Dunn, was the founder. He worked and Barbara Daigneau of Southwick; a sister, Sullivan in 1996. He leaves his longtime
with the United States Army during continued his service to his country as a Priscilla "Patti" Thornton and her part- companion, Jean E. Brusseau of
World War II and was a longtime mem- Staff Supervising Officer at the U.S. ner, Bill Donnellan of Feeding Hills; a Agawam;two sons, Stephen G. Sullivan,
ber of the First Baptist Church in Army Reserve Center on East Street in brother, Richard and his wife, LauraLee and Patrick J. and his wife, Cynthia A.
Agawam.He leaves his wife of 52 years, Springfield.He served the Cacti Brigade Bertram of Blandford; two sisters, Sullivan, all of Westfield; a daughter,
Leona (Kampschroer) Booska; a son, as a Chief Warrant Officer 4. Jahn Cynthia and her husband, Ed Weber of Karen A. Sullivan and her partner,
Steven and his wife, Amanda of San worked hard, but be also loved to enter- Agawam, and Pamela Sulak and her Deborah Alves of East Otis; a sister and
Francisco; five daughters, Nancy L. tain.John was a semi-professional magi- partner, Steve Hahn of California; five her husband, Theresa and Robert
Francisco; five
and her husband, Bill of cian and performed numerous magic grandchildren, Brandon Johnson, Conway of Springfield; and three grand-
Feeding Hills, Elizabeth s mood and ,shows in the greater Western Amanda Shea, Joshua Shea, Jordan children, Stephanie, Shayna and Riley
her husband, Dana b Bradenton, Fla.,
Massachusetts area. He performed for Shea, and Nikayla Rogers; several Patrick Sullivan. The funeral was from
Marian I. Schindler of Agawam, Betty many youth groups as well as started a nephews and nieces, and many cherished the Agawam Funeral Home,with a Mass
Moore and her husband, Larry of Deer local chapter of the Linking Ring. John friends. The funeral was from the in Sacred Heart Church and burial in
Park,Calif. and Laloni Normand and her retired with his wife to North Truro Agawam Funeral Home, with a Mass in Gate of Heaven Cemetery, both in
husband, Harold of Monson. He also (Cape Cod) in 1989. He stayed very St. Theresa's Church and burial in Springfield. Donations may be made to
leaves 18 grandchildren; 18 great-grand- active in his local church as well and Agawam Center Cemetery. Donations the Sacred Heart Renovation Fund, 395
children and two great-great-grandchil- Joined his local chapters of the VFW, may be made to the Baystate Visiting Chestnut Street,Springfield,MAO1104.
dren. Al was predeceased by his daugh- American Legion, and was a member-of Nurse & Hospice, Box 9058,
ter, Connie Hollis in 1992; his grandson, the Masonic Temple. He served as Post Springfield, MA 0 1102-905 8 or to the JACQUELINE WILLARD
Matthew O'Connor in 2002; his grand- Commander of the VFW. John will be National Ovarian Cancer Coalition,4900 Jacqueline
daughter,Tina Marie Hollis in 1962 and missed by many. Services were held at Hopyard Road, Suite 200, Pleasanton, Marie "Jackie"
his son-in-law, Joseph Hollis in 1998. Southwick-Forastiere Funeral Home. CA94588. ( W o o d s )
Burial will be at a later date in the
The funeral was held at the Agawam Willard of
Curran-Jones Funeral Home followed by Massachusetts Veteran's Memorial JEAN-PAUL ROY Agawam, 82,
burial in the Agawam Center Cemetery. Cemetery. Donations in memory of John Jean-Paul Roy, 81, of Feeding Hills, passed away
Memorial contributions may be made to may be made to The National Parkinson died at home in the loving comfort of his 3 peacefully at
the First Baptist Church, 760 Main St. Foundation by calling(800) 327-4545 or family on Thursday, Aug. 28. He was home at
Agawam,MA 01001. by the Web at Parkinson.org (click on born in Quebec, Canada on March 7, Heritage Woods
donation,then,memorial gift). 1927. He came to Springfield in 1955 in Agawam on
JOHN S. CESAN CRYSTAL L• JOHNSON acre ear August
found work as a mason. Jean-Paul T u e s d a y �,
was a communicant of Sacred Heart A ust 26. She
John S. Cesan, of Feeding Hills and 8
North Truro, 79, died on August 29 at =i''1° %s Crystal L. Church. He leaves his loving wife of 53 was born in
the Hol yoke Soldiers' Home. He was ( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
y Johnson, 61, of daughters, Joanne Stewart of California, of the Iate Bartholomew and Catherine
born July 13, 1929 in Feeding Hills, son s
of David E. Cesan and Irene Cesan. He - `° Agawam, died on Danielle Roy of Illinois and Amy (Donahue) Woods. She was predeceased
;;
was predeceased by his sister, Ruth �e Wednesday, Daugherty of South Carolina; and a by her husband of 59 years, Howard
Cesan. He leaves behind his wife, & August 27 at grandson, Sean Stewart. He was the old- Willard, who died in 2005. Jackie grew
Bettyanne (Dunn) Cesan; his brother, home surrounded est of 15 children and leaves his eight up in Springfield and graduated from
David T., Cesan and sister-in-law, Dee by her loving brothers and six sisters.The funeral was Classical High School.She;was a long-
Dee Cesan of Feeding Hills; two daugh- family. Born in from Agawam Curran-Jones Funeral time resident of the 16 Acres section of
ters, Anne Cesan and Camille Klein Webster; daughter Home followed by Mass in Sacred Heart Springfield where she and her husband
(husband Neil); two sons,John T. Cesan 1 of the late Giles Church. Howard raised their children. She started
and Paul Cesan (wife Tracy); and four _ and Lorraine her career with the Fisk Rubber
wonderful . grandchildren Rachel, (Gadbois) Daigneau, she was a 1966 JAMES SULLIVAN, JR. Company before becoming a telephone
Brittany, Bailey, and Johnny. John had a graduate of Windsor Connecticut High James J. operator and longtime employee of the
School. She lived in Agawam for many original "Ma Bell," AT&T, retiring in
wonderful family life growing up in Sullivan,Jr.,JD,
ears, Crystal graduated in 1970 as a 1989. She was a communicant of St.
Feeding Hills working on the family licensed practical nurse from the Western 76, of Agawam, Patrick's Church in Springfield. During
farm with immediate family as well as died on Friday,
his large extended family. John told Massachusetts Hospital School of August 29 in her retirement, she and Howard enjoyed
many stories about how his family's Nursing.She then graduated in 1993 as a B a y s t a t e traveling and attending her grandchil-
farm was the first in Western Mass to registered nurse from Holyoke Medical Center. dren's athletic events and other activi-
start the pick-your-own-strawberries, of Community College. She worked for Born in ties. Jackie was a loving wife, mother
which they were famous for. He also five-and-a-half years at the Hampden. ; ���� Springfield, son and grandmother. She will be missed by
County House of Correction, 10 years at _ her three sons, Bruce C. and his wife,
looked back on his family's business the of the late James
Eastern States Farmer's Exchange which the former Springfield Hospital and also °, 3. and Anna Robin Willard of Enfield, Brian K. and
worked for the Department of Rosemary Willard of Holyoke, and
his father and brother started, with many ( Kearney )
fond memories, including stories of hard Corrections for the State of Connecticut. Sullivan, he was a 1949 graduate of David L. Willard and Debbie Willard of
t work lifting several hundreds of pounds She was an emergency medical techni- Cathedral High School. He lived most of Sioux City,S.D. She also leaves two spe-
of grain and carrying them up several cian and a former Brownie and Girl his life in Westfield, moving to Agawam cial grandchildren, Jillian Willard of
flights of stairs to make grain deliveries Scout leader. She taught the EMT pro- in 2004. James received his business Natick, and Eric Willard of San Diego,
to local farmers. John entered the US gram at Hartford Hospital where she was degree from St. Michael's College in Calif. The funeral was at the Agawam
also a volunteer and worked on the Funeral Home, followed by burial in St.
vate, and was assigned to the 2nd
Army on April 24, 1951 as a young pri- Suffield degree in 1972 from Western New
ld Ambulance as an EMT. She was Winooski, Vt. and his Juris Doctorate Michael's Cemetery. Donations may be
a foster parent for 20 years and a coin- made to the American Lung Association,
Infantry Division. He was assigned to a England College. He was the owner of
Field Artillery Battery during the Korean municant of St. Theresa's Church of All the O'Brien-Murphy Insurance Agency 393 Maple Street, Springfield, MA
War and was awarded the Bronze Star Saints Parish. She was also the co-owner where he worked for over 25 years and 01105.
,r
1 1 ,
Daisy,Witt'gate me yow anwer do ...RWary jnV hes pUbt7C to
Smilel Now you can own the picture
of that Harvest Festival an Oct.20
, E
@ � atunforgettable moment cup
in the newspaper. Photos become =�
timeless ltime �� -°
when framed or printed on a
' "J.
� t•shirt, mug or mouse pod.
You can now purchase photographs
x
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Ifte 8 AGAWAN ADVERTISER NEWS September 4,2008
Councilors then voted 7-3 in favor
' If School from page 1 of Cavallo's motion to end debate.
I nial NWK:cs . II George George Bitzas, a member of Bitzas then offered another charter
the council's School , Budget objection when Calabrese asked for a
LEGAL NOTICE public hearing on to hear the petition of the Subcommittee, stepped in and issued a roll call vote, thereby ending the mat-
TOWN OF AGAWAM Thursday, September 18, Agawam Town Council on charter objection, a parliamentary ter for the night,
CONSERVATION COM- 2008 at 7:45. PM at the a proposed zoning amend- maneuver that,allows a councilor to During the testy debate, Simpson
MISSION Agawam Public Library, ment to Section 180-49 and instantly stop the council from taking a began by stating the subcommittee felt
750 Cooper Street, Section 180-2 of the vote on an issue at that meeting. there were several unresolved ques-
The Agawam Agawam, MA. The pur- Agawam Zoning
Conservation Commission pose of this bearing will be Ordinance regarding height The controversial $70,000 transfer tions about money that needed to be
will meet on Thursday, to hear the petition of the of amusement devices in will now appear on the council's Sept. addressed by members of,the school
September 11,2008 at 6:30 Agawam Planning Board amusement parks in the 17 agenda for a vote.According to the administration and School Committee
PM at the Agawam Public on proposed amendments Business B zone.A copy of rules governing a charter objection, before a vote by the full council should
Library,750 Cooper Street, to the Subdivision Rules the proposal can be councilors will only be allowed to be taken.
Agawam, Mass. The pur- and Regulations regarding obtained from the Agawam vote on the transfer with no further Cavallo retorted that he was not
pose of this meeting will be filing fees. Planning Office between discussion, notified of the subcommittee meeting,
to hear the Request for Per order of: the hours of 8:30 AM and At press time, School Committee saying, "I am co-chairman of the com-
Determination of Travis Ward,Chairman 4:30 PM in the Agawam Vice-Chairman Anthony C. Bonavita mittee, although sometimes I do not
Applicability of McDonald AGAWAM PLANNING Town Hall, 36 Main Street,
for property located on 74 BOARD Agawam,MA, said he was "disgusted by the whole feel that I am asked to be the co-chair-
Kosak Court. Published:Sept.4 and BY ORDER OF: situation." man.
"
By Order of Henry A. Sept.11,20M Travis Ward,Chairman Commented Bonavita, "We (the Cavallo called .out Simpson for
Kozlosk4 Chairman Agawam Planning Board School Committee) were not invited to putting the transfer back on Monday's
Agawam Conservation LEGAL NOTICE Published:Sept,4 and Tuesday's meeting until Monday, agenda without first conferring with
Commission TOWN OF AGAWAM Sept.It,20M Labor Day, a holiday. And I am not him. He further chastised school
Published:Sept 4,2008 PLANNING BOARD sure if there is anything left to say that administrators and members of the
The Agawam LEGAL NOTICE we haven't already said over and over School Committee for not appearing at
LEGALNOTICE Planning Board will hold a TOWN OF AGAWAM again. At this point the committee Monday's meeting, claiming the trans-
TOWN OF AGAWAM public hearing on PLANNING BOARD
ZONING BOARD OF Thursday, September 18, members will be polled to see what fer had become a "political football
APPEALS 2008 at 7:30 PM in the The Agawam everyone's opinion is about meeting and grandstanding."
- Agawam Public Library, Planning Board will hold a with the council again. I believe we "My concern is the School
Notice is hereby given 750 Cooper Street, public hearing on have stated our position that we Committee chose not to be here this
(flat the Agawam Zoning Agawam,MA.The Thursday, September 18, absolutely support this transfer. We evening. They were invited. I gave
Board of Appeals will hold purpose of this hear- 2008 at 7:15 PM in the have justified our budget to the council information at the subcommittee meet-
a public hearing at the ing will be to hear the peti- Agawam Public Library, throughout the entire budget process." ing regarding why I will vote against
Agawam Public Library tion of the Agawam Town 750 Cooper Street, Monday night's council meeting the transfer of funds. There is suffi-
Conference Room, 750 Council on a proposed zon- Agawam, MA. The pur- became entangled in several other par- cient money in the (school) budget to
Cooper Street, Agawam, ing amendment to Chapter pose of this hearing will be MA on Monday,September 180, Article XIII of the to hear the petition of the liamentary moves concerning the supply text books to these students,,
'
22, 2008 at 6:30PM for all Agawam Zoning Agawam Town Council on transfer, which was first defeated on said Cavallo, a former four-year
parties interested in the Ordinance regarding gov- a proposed zoning amend- July 7 when six councilors voted in School Committee member.
appeal of Susan Morse and erning signs,A copy of the ment to Section 180-15 and favor and three voted against. Cavallo said he and several other
Joellen LeGrand, who are proposal can be obtained Section 18046 of the Because Mayor Susan R. Dawson councilors were portrayed as "being
seeking a Special Permit in from the Agawam Planning Agawam Zoning was using the stabilization fund to against the kids."
accordance with Section Office between the hours Ordinance regarding transfer the funds, a two-thirds vote of Cavallo said the transfer contro-
180-7, Paragraph B of the of 8:30 AM and 4:30 PM in enforcement and penalties the 11-member council (8 votes) was versy should have ended after the July
Zoning Ordinances, which the Agawam Town Hall,36 for violating the zoning needed. Councilors Donald M. 7 vote and that upon further investiga-
would allow for the con- Main Street,Agawam,MA. ordinances of the Town of
struction of an addition to a BY ORDER OF: Agawam. A copy of the Rheault, Robert Rossi, and Vice- tion, he said there was sufficient funds
residential structure with Travis Ward,Chairman proposal can be obtained President Cecilia Calabrese dissented in the school's salary account to pay
less than the required front Agawam Planning Board from the Agawam Planning on July 7. for the text books.
setback and side yards at Published:Sept.4 and Office between the hours Voting in favor were council Simpson responded to Cavallo that
the premises identified as Sept.11,200$ of 8:30 AM and 4:30 PM in president Gina Letellier, Joseph it was Letellier who requested the
35 South Park Terrace. the Agawam Town Hall,36 Mineo, Dennis Perry, Robert Young, budget subcommittee meet again and
Doreen Prouty LEGAL NOTICE Main Street,Agawam,MA. Jill Messick, and Paul Cavallo, co- that past practice was for the commit-
Chairperson TOWN OF AGAWAM BY ORDER OF: chairman of the School Budget tee to convene before the start of areg-
Agawam Board of PLANNING BOARD Travis Ward,Chairman Subcommittee. ular council meeting.
Appeals Agawam Planning Board
Published:Sept 4and The Agawam Published:Sept.4and Bitzas and School Budget "The. memos went out that we
Sept.11,2008 Planning Board will hold a Sept.11,2008 Subcommittee co-chairwoman Jill were meeting tonight a few weeks ago.
public hearing . on Simpson were absent. And I was not the one who placed this
LEGAL NOTICE Thursday, September 18, Following the July 7 meeting, back on (the council's) agenda,"
TOWN OF AGAWAM 2008 at 7.00 PM in the Dawson placed the transfer again on Simpson said.
PLANNING BOARD Agawam Public Library, / the agenda, this time for$2,000 less at Rheault and Rossi.each criticized
750 Cooper Street, / $70,000, drawing the ire at Monday the transfer for appearing before the
The Agawam Agawam, MA. The pur-
Planning Board will hold a pose of this hearing will be night's meeting of Rossi and Rheault, council for a second time after it was
as well as Cavallo. defeated in July. `°I am tired of listen-
Prior to Monday's meeting, mem- ing about it,tired of looking at it,read-
:........................................ ........................................................................... bers of the council's School Budget ing about it, and I am tired of smelling
an
COrilleCt Wlt�I t71e Subcommittee met to discuss the trans- it,"Rossi remarked.
Best Opportunities a the fer and voted 4-1 to ask the full coun- "Until the School Committee and
.. cil to postpone taking any action school administration can come in here
C l a s s i f i e d s Monday night. and demonstrate a critical need for
Cavallo was the lone subcommit- these books and demonstrate with all
:................................. ..................................................................................i certainty there is no fat in a $34 mil-
tee member to vote no. Y i
An attempt by Bitzas to postpone lion budget we just appropriated, I will
voting on the transfer before the full not vote for this,"Rossi stated.
The new standard in optical perfection council was defeated on a 5-5 vote, In May, Dawson had reduced
with Letellier absent. $181,378 from the $34 million school
A progressive lens without visual barriers After the debate, Cavallo then budget. She agreed to the initial com-
asked to move the question so a vote promise of $72,000 after a series of
could be taken and Bitzas issued a meetings were held by the council's
charter objection to counter this. subcommittee and the School
After a brief interval, Calabrese, Committee's Budget Finance
acting as council president until Committee.
-HOYA Letellier arrived at the meeting, ruled "I again want to make it clear that
the charter objection by Bitzas was out. the School Committee never supported
HOYALUX of order, a budget with cuts,"Bonavita said.
Summit
Agawam Op icians NATIVE PEACHES
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a
SAMPLE FEES
COMPARISON OF PLANNING BOARD FEES WITH LOCAL TOWNS
Updated 24-Mar-08
Each Each Each Each
Approval Additional Additional Additional Definitive Release of Additional Covenant
Not Required Lot Notes preliminary Lot Notes Definitive Cot Notes Modification Covenant Lot Extension
50%of
hearing
Brewster $ 200.00 --- $ 500.00 --- Up to 15 lots $ SOO.00 $ 200.00 U p to 2 lots fee $ 250.00 $ 500.00
$ 750.00 --- Over ISlots
Chatham $ 50.00 $ 25.00 $ 100.00 --- $ 200.00 $ 100.00
Eastham $ 50.00 --- $ 50.00 --- $ 50.00 $ 50.00
+.01 per 1/2 original
Harwich $ 200.00 $ 100.00 sq foot $ 200.00 --- $ 500.00 $ 500.00 filing fee $ 250.00 --- $ 500.00
Orleans $ 200.00 $ 100.00 $ Zoo.0o $ 100.00 $ 500-00 $ 100.00 $ 200.00 $ 50.00 $ 50.00
Provincetown $ 150.00 --- $ 200.00 $ 200.00
PLANNING BOARD
APPLICATION FEE SCHEDULE
Effective 4-7-2004
Site Plan Review
$150 0-1 acre +$75/acre over 1 acre
Waiver of Site Plan Review and Amendment to a Previously Approved Site Plan
$100 per Application
Special Permit
PRD-Elderly Housing: $150/DU+ cost of legal notice publication+ cost of certified mail notice
All Other: $300 + cost of legal notice publication+ cost of certified mail notice
$1-P/ Form A 1 Approval Not Required (ANR) Plans
$150.00 +$100.00 for each new lot or parcel
Subdivsions:
Preliminary Plan: $500.00 +$100.00 per lot in residential subdivisions
$500.00 +$2.00 per linear foot of road frontage in non-residential
subdivisions
Definitive Plan: $1,000.00 +$200.00 per lot in residential subdivisions + cost of legal
notice publication+ cost of certified mail notice
$1,000.00 +$5.00 per linear foot of road frontage in non-residential
subdivisions + cost of legal notice publication+ cost of certified mail
notice.
Final Inspection: $100 per lot in residential subdivision
$2.50 per linear foot of subdivision road frontage in non-residential
subdivisions
CADocuments and Settingsldeborab.dachosA ocal Settings%Temporary Internet Files1OMTEES 4-7-2004.doc
City of Chicopee
Department of Planning and Development
Fee Schedule
(Effective May 29 2008)
Application Type Fee
Subdivision Approval Not Required $85.00
Plans ANRs
Waiver of Frontage $250.00
Site Plans Requiring a Public Hearing $900.00+$100.00 per acre
�Preliminary and Definitive
Condominium/Mobile Home Projects $250.00 + $50.00 per unit
(Preliminary)
Condominium/Mobile Home Projects $450.00 +$75.00 per unit
Definitive
Subdivision Plan (Preliminary) $250.00+$50.00 per lot
Subdivision Plan (Definitive) $450.00+$75.00 per lot
Modification of Plans $250.00
Variance $50 5-2-08—new rate upcoming)
Variance Renewal $50 5-2-08—new rate upcoming)
Zone Change $150.00 to Board of Aldermen
$150.00 to Planning Board
5-2-08—New rate upcoming)
Re-advertising fee $250.00
Site Plans not requiring Public Hearings $85.00
Miscellaneous Fee
Regulations Packet (bothportions)) $25.00
Subdivision Regulations $12.50
Site Plan Regulations $12.50
Site Plan and Subdivision Tree $450.00 per tree (see Site Plan and
Requirement Value Subdivision Regulations)
Chicopee Guide to Urban Trees and $2.00
Planting Details
City Maps $3.00
*Note: If someone is submitting an application for a project, subdivision and site plan
regulation packets are part of application fee. If no application submitted then above fees
pertain.
Medway Planning Board Fees and Bond Schedule
Approved-November 2, 2006
TYPE OF PROJECT FEE — Approved 1112106
LAND SUBDIVISIONS
ANR Plan (Approval Not Required.Plan) $250 plus $100/lot or parcel for any project involving more than 2
Also referred to as an 81 P or Form A Plan lots or parcels. Maximum = $750
Informal Discussion No charge. (7 meeting only. After that, applicant must file a
preliminary or definitive subdivision plan application.)
Preliminary Subdivision Plan/Form B $750 (2 meetings. After that, a second$750 riling fee is required.)
Plus a $750 advance toward expense of plan review services to be
provided by outside consultants
Submit 2 checks.
Definitive Subdivision Plan/ Form C $2,500 plus $2.50/linear foot or street centerline proposed.
(5 meetings. After that, a second$2,500 filing fee is required.)
Plus a $2,500 advance toward expense of plan review services to
be provided by outside consultants.
Submit 2 checks.
Minor Revision to Approved Def. Sub. Plan $250 (9 meeting)
Plus a $500 advance toward expense of plan review services to be
provided by outside consultants.
Submit 2 checks.
Major Modification to Approved Def. Sub. Plan $750 (2 meetings. After that, a second $750 filing fee is required.)
Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants
Submit 2 checks.
TYPE
. PROJECT
Approved 1112106
SITE PLANS
Informal Discussion No charge. (1 meeting only)
Minor Site Plan Project Filing/Application Fee = $350 plus $ .251sq. ft. gross floor area.
(2 meetings. After that, a second $350 filing fee is required.)
Plus $500 advance toward the expense of plan review services to
be provided by outside consultants.
Submit 2 checks.
Major Site Plan Project Filing/Application Fee = $750 plus $ .251sq. ft. gross floor area.
(Up to 4,999 sq. ft. of gross floor area) (3 meetings. After that, a second $750 filing fee is required.)
Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks
Major Site Plan Project Filing/Application Fee = $1,000 plus $ .251sq. ft gross floor area.
(5,000— 9,999 sq. ft. gross floor area) (4 meetings. After that, a second $1,000 filing fee is required.)
Plus a $1,500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks
Major Site Plan Project Filing/Application Fee =$1,500 plus $ .25 sq/ft. gross floor area.
(10,000— 14,999 sq. ft. gross floor area) (5 meetings. After that, a second$1,500 filing fee is required.)
Plus a $2,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
Major Site Plan Project Filing/Application Fee = $2,000 plus $ .251sq. ft. gross floor area.
(15,000 sq. ft, gross floor area and over) (6 meetings. After that, a second $2,000 filing fee is required.)
Plus a $2,500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks
2
TYPE OF PROJECTApproved 1112106
SITE PLAN MODIFICATION
Amend/Revise Site Plan Decision $150 (1 meeting only)
Modify Minor Site Plan Filing/Application Fee = $250 (1 meeting only.)
Plus a $500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks
Modify Major Site Plan Filling/Application Fee = $500 (2 meetings only.)
(Up to 4,999 sq. ft. gross floor area) Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 ch4s
Modify Major Site Plan Filing/Application Fee = $750 (3 meetings only.)
(5,000— 9,999 sq. ft. gross floor area) Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants
Submit 2 checks
Modify Major Site Plan Filing/Application Fee = $1,00.0 (4 meetings only.)
(10,000 to 14,999 sq. ft. gross floor area) Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants
Submit 2 checks
Modify Major Site Plan Filing/Application Fee = $1,500 (5 meetings only.)
(15,000 sq. ft. gross floor area and over) Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks
Gross floor area includes the existing building and
proposed addition if any, and/or proposed new
building.
3
TYPE OF PROJECT FEE - Approved 1112106
ADULT RETIRMENT COMMUNITY
PLANNED UNIT DEVELOPMENT
(ARCPUD) SPECIAL PERMIT
Informal Discussion No charge. (I meeting only.)
Pre-Application Meeting $500 (2 meetings.)
ARCPUD Special Permit Filing Fee = $2,500 plus $25 per proposed dwelling unit.
(5 meetings. After that, another$2,500 filing fee is required.)
Plus a $2,500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
Amend/Revise ARCPUD Special Permit Decision $ 250 (1 meeting only.)
Modify ARCPUD Special Permit Plan Application/Filing.Fee = $750 (2 meetings)
Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
OPEN SPACE RESIDENTIAL
DEVELOPMENT(OSRD) SPECIAL PERMIT
Informal Discussion ' No charge (I meeting only.)
Pre-Application Meeting $500 (2 meetings)
OSRD Special Permit Application/Filing Fee = $1,500 plus $25 per proposed dwelling unit
(4 meetings. After that, another$1,500 filing fee is required.)
Plus a $2,500 advance toward the expense of plan review services
to be provided by outside consultants.
4
TYPE OF PROJECT FEE - A • • • - • 1112106
OPEN SPACE RESIDENTIAL
DEVELOPMENT(OSRD) SPECIAL PERMIT
Amend/Revise OSRD Special Permit $250 (1 meeting. After that, another$250 fee is required.)
Modify OSRD Concept Plan Application/Filing Fee = $500
(2 meetings. After that, another$500 fee is required.)
Plus a $500 advance toward the expense of plan review services
to be provided by outside consultants
Submit 2 checks
ADAPTIVE USE OVERLAY DISTRICT
(AUOD) SPECIAL PERMIT
Informal Discussion No charge. (1 meeting only.)
Pre-Application Meeting Fee $ 250 (9 meeting. After that, another$250 fee is required.)
AUOD Special Permit Application/Filing Fee = $500 plus $ .25Isq. ft. gross floor area.
(Projects up to 2,499 sq. ft./gross floor area)
Plus a $500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
AUOD Special Permit $750 plus $ .251sq. ft. gross floor area.
(Projects of 2,500— 4,999 sq. ft./gross floor area)
Plus a $1,000 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
5
TYPE OF PROJECT FEE - Approved I
ADAPTIVE USE OVERLAY DISTRICT
(AUOD) SPECIAL PERMIT
AUOD Special Permit
(Projects of 5,000 to 9,999 sq. ft./gross floor area) $1,000 plus $ .25/sq. ft. gross floor area.
Plus a $1,500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
AUOD Special Permit
(Projects of 10,000 sq. ft./gross floor area & over) $1,500 plus $ .251sq. ft. gross floor area.
Plus a $2,500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
Amend/Revise OSRD Decision $ 250
Modify AUOD Plan $ 250
Plus a $500 advance toward the expense of plan review services
to be provided by outside consultants.
Submit 2 checks.
ZONING REPETITION - Request for
Planning Board Consent Application/Filing Fee = $ 150 (1 meeting.)
SCENIC ROAD WORK PERMIT Trees - $150 plus $25 per tree to be removed
Stone Walls = $150
MINIMUM SUBDIVISION BOND $40,000
6
TOWN OF GRAFTON
GRAFTON MEMORIAL MUNICIPAL CENTER
' 30 PROVIDENCE ROAD
,�7� GRAFTON,MASSACHUSETTS 01519
(508)839-5335 ext 120 • FAX (508)839-4602
PLANNING BOARD
Fee Schedule
All checks made payable to "Town of Grafton".
• Special Permits
Special Permit and Site Plan Approval Application Fee ......................................................$250.00
Special Permit Only Application Fee ..................................................................................$250.00
Legal Advertising Fee— required for both Applications, separate check................................$80.00
Additional Specific Use Application Fees
Multi-Family Special Permit &Site Plan Approval
• Dwelling Unit Fee; ....................................................................................$80.00 per unit
• Peer Review Fee........................To be determined at time of application, separate check
Commercial and Industrial Uses
• Parking Space Fee: ...................... ......................................................... $6.00 per space
• Peer Review Fee........................To be determined at time of application, separate check
Wireless Communication Facilities ........................ Recording Secretary..................$500.00
separate check
• Special Permit Plan Revisions (Modification)
ApplicationFee........................................................................................... ....................$100.00
• Unit Fee— Multi Family Residential Projects Only: ...................................$20.00 per unit;
$550.00 minimum
• Legal Advertising Fee—separate check.................................................................$80.00
• Site Plan Approval
Site Plan Approval Only -Application Fee........................................................................$100.00
Legal Advertising Fee —separate check ............................................................................$80.00
• Scenic Road Permit
Scenic Road Application Fee .............................................................................................$25.00
Legal Advertising Fee—separate check ............................................................................$80.00
Updated:June 11, 2008 Page 1 of 2
Town of Grafton-Planning Board
Application Fee Schedule
• Subdivision — Approval Not Required (ANR)
ANRApplication Fee........................................................................................................$100.00
Lot Fee per each new lot.........................................................................................$50.00 per lot
• Subdivision — Preliminary Plan
Major Residential Special Permit Application Fee............................................................$250.00
Lot Fee per each new lot created....................................$50.00 per lot; minimum fee of$500.00
Peer Review Fees - separate check..........................................10 lots or less:................$500.00
11 —60 lots: ................$1,000.00
61 lots or more:...........$2,000.00
Legal Advertising Fee—separate check ............................................................................$80.00
• Subdivision — Definitive Plan With Preliminary Plan
ApplicationFee................................................................................................................$100.00
Lot Fee per each new lot created....................................$50.00 per lot; minimum fee of$400.00
Peer Review Fees - separate check..........................................10 lots or less:................$500.00
11 —60 lots: ................$1,000.00
61 lots or more:...........$2,000.00
Legal Advertising Fee—separate check ............................................................................$80.00
• Subdivision — Definitive Plan Without Preliminary Plan
Application Fee ....................................................................$200.00
Lot Fee per each new lot created............................... $100.00 per lot; minimum fee of$1,000.00
Peer Review Fees - separate check..........................................10 lots or less:................$500.00
11 —60 lots: ................$1,000.00
61 lots or more:...........$2,000.00
Legal Advertising Fee— required for all applications, separate check ................................$80.00
• Waiver Request from Subdivision Rules & Regulations
Waiver Fee ..................................Each waiver- $20.00 per lot, maximum of$500.00 per waiver.
• Plan Revision (Modification)
Application Fee................................................................Base Permit Fee:....................$100.00
Unit Fee: .....................$20.00 per unit
Legal Advertising Fee—separate check ............................................................................$80.00
• Other Subdivision Fees
Request for Lot Release .................................................. ...................................$100.00 per lot,
maximum of$500.00 per request
Inspection Fee Deposit .................................................... ..$100.00 per linear feet of roadway or
$1,000.00—whichever is greater
Updated.June 11, 2008 Page 2 of 2
Deborah Dachos
From: John Hansen Uhansen@seekonk-ma.gov]
Sent: Wednesday, July 02, 2008 4:24 PM
To: Debbie Dachos{Agawam Planning Dept.}
Subject: RE: [Massplanners] Filing fees
We charge $50/lot for ANR's, $200 per plan for Preliminary and $500 + $250/lot for
Definitives. Just started here a few mos ago so I haven't looked into updating these, but
I'm sure the service far exceeds these costs.
John P. Hansen, Jr. , AICP
Town Planner
Town of Seekonk
100 Peck Street
Seekonk, MA 02771
P: 508-336-2962
F: 508-336-0764
jhansen@seekonk-ma.gov
-----Original Message-----
From: massplanners-bounces@cs.umb.edu
[mailto:massplanners-bounces@cs.umb.edu] on Behalf Of Debbie Dachos (Agawam Planning
Dept. )
Sent: Wednesday, July 02, 2008 4: 12 PM
To: massplanners
Subject: [Massplanners] Filing fees
Good Afternoon,
Agawam is in the process of updating its filing fees for ANR's, Preliminary Subdivisions
and Definitive Subdivision. What are your communities currently charging? Also, could
you send me a copy of your Planning Board By-Laws.
Thank you.
Deborah S. Dachos, Director
Agawam Office of Planning and Community Development
36 Main Street
Agawam, MA 01001
(413) 786-0400, ext. 283
planning@agawam.ma.us
MassPlanners mailing list
MassPlanners@cs.umb.edu
http://mailman.cs.umb.edu/mailman/listinfo/massplanners
1
FEES - WEST SPRINGFIELD -_April 5,_2007
SUBDIVISION APPLICATION FEES
ANR Plan -Form A $50+$20/lot for plans containing more than 3 lots
Pre-Sub Plan -Form B $100+$20/lot
Def. Sub Plan -Form C $250+$30/lot with approval of preliminary plan
$500+$50/lot without approval of preliminary plan
Amend Sub Plan -Form CC $100/affected lot
More Than One Building Plan-Form D $500+$50/building
Inspection Charges $2.50/lineal foot of roadway
$250/detention/retention basin/subsurface leaching
basin
Public hearing notice $65 (check made payable to West Springfield Record)
All checks except that for the Public Hearing Notice are to be made payable to the Town of West
Springfield
SITE PLAN REVIEW
New construction or exterior alteration or $125.00
change in use to existing structures
Minor amendments to approved plans $ 50.00
Public hearing notice(made payable to the West SpringTield Record) $ 25.00
(The applicant reserves the right to advertise in the Springfield Rein at additional charge)
SPECIAL PERMIT FEES
Application for a special permit or amendment to a special permit $125.00
(made payable to the Town of West Springfield]
Repetitive Petition Application $ 50.00
Public hearing notice (made payable to the WestSpringfeld Record) $ 50.00
(The applicant reserves the right to advertise in the Springfield Republican at additional charge)
BOARD OF APPEALS - FEE SCHEDULE
Variance Application $125.00
Special Permit Application
Single and Two-family $125.00
Multi-family&Commercial $125.00
Site Plan Review Appeal $125.00
Appeal of Action of Building Commissioner
Single and Two-Family $ 50.00
All others $100.00
Repetitive Petition Application $ 50.00
Public hearing notice(made payable to the West S rin geld Record) $ 50.00
(The applicant reserves the right to advertise in the Springfield Resat additional charge)
SAMPLE BYLAWS
TOWN OF LONGMEADOW—PLANNING BOARD
RULES AND REGULATIONS
Version 4.1,3/13/07
The Longmeadow Nanning Board in accordance with Chapter 40A, Section 9 of the General
Laws hereby adopts the following Rules and Regulations, governing the organization and
conduct of the Board.
SECTION 1: PURPOSE AND INTENT
These Bylaws and Rules of Procedure shall govern the operation of meetings and business before
the Longmeadow Planning Board in carrying out its duties and responsibilities as assigned to it
by the bylaws of the Town of Longmeadow and the General Laws of the Commonwealth of
Massachusetts. Where there appears any conflict between these Rules and state laws or the Town
Charter,the Law and Charter shall govern.
For any item of parliamentary procedure not gverned by these rules or by appropriate laws, the
provisions of Robert's Rules of Order (Revised)will govern.
SECTION 2: ORGANIZATION
Section 2.1: Election of Officers and Appointment to Committees
1. The Planning Board shall consist of five members elected at the Annual Town Election
each with a five (5)year term.
2. The first regular meeting held after the Annual Town Election will be the organizational
meeting, during which standing committees are appointed, representatives to particular
organizations elected, and the Planning Board's Goals and Objectives are established for
the coming year.
3. Two officers, Chair and Clerk, shall be elected by a majority of the quorum at the first
meeting of each calendar year.
4. A Planning Board member may serve as Chair or Clerk for 3 consecutive years, after which
he/she shall not be eligible to be nominated for the same position until one year has passed.
However, a two-thirds (2/3) vote of the Board can waive this provision.
5. Whenever a new Board member is elected by the Board authorizing him/her to sign certain
documents in the name of the Board, copies of the authorization, signed by a majority of
the full Board, shall be forwarded to the Registrar of Deeds and to the Land Court.
6. Vacancies on committees will be filled in the same manner as prescribed above under
Section 2.1, for original appointment at the next meeting of the Board held following the
receipt of the official notice of vacancy.
Town of Longmeadow Planning Board Rules&Regulations Page 1 of 9
Section 2.2: The Chair
The Chair shall preside at meetings, establish agenda, call special meetings, represent the Board
in certain matters, and have the power to appoint board members to standing and special
committees. The Chair may vote on all matters coming before the Board and may participate in
debate.
Section 2.3: The Clerk
The Clerk shall act as Chair when the Chair is absent or is unable to perform his/her duties. In
the absence of both the Chair and Clerk, either the Chair shall appoint an acting Chair prior to
the meeting, or the Board members at a meeting shall elect an acting Chair.
Section 2.4: Planning Board Appointments
The Chair, with the concurrence of a majority of the Board, shall make appointments to such
other boards, committees, and task forces as authorized by the Town Manager or Board of
Selectmen.
The Board, by majority vote, shall appoint one of its members to serve as a member of the
Pioneer Valley Planning Commission. The appointment shall be for a period of one (1) year.
SECTION 3: MEETINGS AND HEARINGS
Section 3.1: Notice of Board Meetings
Agendas for the Board meetings shall be prepared on the Friday prior to the meeting by the Chair
of the Board. All agenda items shall be submitted to the Board no later than the Thursday prior
to the meeting for inclusion on the agenda.
The agenda for the meetings shall be filed with the Town Clerk and publicly posted in Town
Hall at least 48 hours, not including Sundays or legal holidays, prior to such meetings. Agendas
shall also be sent to the Town Manager, Building Inspector, media, applicants and any interested
parties.
Section 3.2: Notice of Public Hearings
1. All hearings shall be open to the public. The applicant may appear on his/her own behalf
or may be represented by an agent. If the applicant or representative is not present without
due cause, the Board may act based on the information before it, may continue the hearing
or may declare the petition withdrawn without prejudice.
2. Public hearings shall precede all other business at Planning board meetings, following
review and action on minutes. Regular Board business shall be scheduled following public
hearings. Regular Board business, while conducted in meetings open to the public, is not a
Town of Longmeadow Planning Board Rules&Regulations Page 2 of 9
public hearing. The Board will allow testimony only as it deems necessary. Unsolicited
comments may be ruled out of order by the Chair.
3. Notice of hearings shall be advertised as required by the provisions of the General Laws,
Chapter 40A and Chapter 41 §81A. A copy of the Notice shall be sent by mail, in a timely
manner prior to the date of the baring, postage prepaid, to the applicant or petitioner, to
"Parties of interest" as defined in MGL Ch 40A and Ch 41, as they appear on the most
recent tax list, to the Planning Board of every abutting town and all others as required by
law.
4. Notice of hearings held pursuant to MGL Ch 40A and Ch 41, shall be filed with the Town
Clerk and posted a minimum of fourteen (14) days in advance of the date of the hearing.
Section 3.3: Regular Meetings
Regular meetings of the Board are generally scheduled for the first Thursday of the month, in the
Police Department Community Meeting Room or such other time and/or place as is determined
appropriate by the Chair. Other meetings may be scheduled as necessary.
Section 3.4: Special Meetings
Special meetings may be called by the Chair at a time and location generally convenient to the
Public. There shall be at least 48 hours notice given for a special meeting.
Section 3.5: Emergency Meetings
Emergency meetings (same as special meetings, but without the ability to give 48 hours notice)
may be called by the Chair; however, any action taken at an emergency meeting shall be
confirmed at the next regular meeting.
Section 3.6: Subcommittee Meetings
Sub-committee meetings are required to be posted, and shall be open to the public. Informal
work group meetings are not considered subcommittees, and are not required to be posted or
open to the public.
Section 3.7: Miscellaneous/Workshop Meetings
The Planning Board may also hold other types of public meetings, information sessions,
workshops in which the public is invited to participate.
Section 3.8: Public Participation During Meetings
1. During a regular meeting, members of the general public will only be allowed to address
the Chair or Board upon the invitation of a Board member and consent of the quorum,
through a formal vote.
Town of Longmeadow Planning Board Rules&Regulations Page 3 of 9
2. If the Chair determines that a meeting or Public Hearing is becoming too disorderly to
properly conduct business, he/she may request a motion for a recess. In addition, the Chair
may ask for a vote to eject unruly members of the audience pursuant to the General Laws.
A majority of the quorum will carry the motion.
Section 3.9: Calling of Public Hearings
Public hearings will be conducted:
l. For any Special Permit and/or Site Plan Approval application before the Planning Board;
2. For any Definitive Subdivision application before the Planning Board;
3. Prior to the enactment of any master plan or plan element;
4. For mandated public hearings prior to adoption or amendments to the Zoning Bylaw or
Map.
5. For any other action for which the Planning Board determines a public hearing will be
useful.
Section 3.10: Conduct of Public Hearings
1. Public Hearings, which may take place during regularly scheduled meetings, will be
advertised in accordance with the applicable provisions of the State Statutes which governs
it.
2. Public Hearings, when called, will be conducted in the following manner:
(A) The Chair will announce that it is time for a Public Hearing and will announce the
subject of such hearing.
(B) The Chair will review evidence of adequate advertisement and legal notice and, if
found to be appropriate and proper according to law, will have the advertisement read
into the record. The Chair will then explain the procedure to be followed, including
the time limits on speakers and the fact that each speaker shall give his name and
address for the record. The Chair will then announce that the Public Hearing will
begin.
(C) The Chair will report on any new or changed information pertinent to the subject, if
any, and then have read into the record all memoranda, opinions, comments and
recommendations of Town departments or boards pertinent to the matter.
(D) The principal proponent or project staff person will then be asked to make a
presentation regarding the matter.
(L) Other persons supporting the position of the proponents will then be allowed to
express the fact of their support and to present such supportive information as was not
included in the initial or previous presentations.
(F) Before opponents to an application or petition are called to speak, a member of the
Board, may move for invocation of a summary procedure and, if seconded and
Town of Longmeadow Planning Board Rules& Regulations Page 4 of 9
approved by a majority of the quorum, may subsequently move to deny the request
made by the �pplicant, based on a finding that the evidence presented was not
adequate to justify the request. If the motion for denial is then seconded and is
approved by the quorum, the public hearing may be deemed complete.
(G) Those persons speaking in opposition to the position taken by the principal proponent
are then allowed to speak, each being allowed to express the fact of his opposition
and to present such supportive as was not included in previous presentations before
the Board.
(H) After all opponents have been heard, the Chair will then allow the proponent and or
project staff person to respond to any issues/questions raised by the opponents. The
Chair will then have read into the record, all letters received concerning the matter.
(I) The Chair will then call for a general discussion or question and answer period. Only
the Chair may recognize speakers and shall refer questions to the appropriate persons.
(J) At any point, a public hearing may be continued or postponed to a time, place and
date certain, provided that these rules and procedures are adhered to when it is
resumed, or may be continued or postponed to a time, place and date not certain,
providing required advertising and notice procedures are followed to announce the
time, place and date of resumption.
(K) Written information, by the applicant, or public regarding an application shall be
submitted either to the Planning Board prior to the public hearing or at the public
hearing.
Section 3.11: Quorum at Regular Board Meetings
A majority of the authorized membership of the Board will constitute a quorum and must be
present to conduct a meeting.
Section 3.12: Site Visit
The Planning Board, or a designated subcommittee of the Board may make a site visit to the
property that is the subject of the application. The applicant will be notified of the site visit.
SECTION 4: APPLICATIONS
Section 4.1: Application Forms
Applications to the Board for either Subdivision or Site and Design Review shall be made on the
official application form specific for these procedures. Applications forms are available from the
Planning Board as well as the Town Clerk's office. The information required with each
application as specified in the Town of Longmeadow Subdivision Rules and Regulations and/or
Zoning Bylaw shall be considered a part of the application and no application shall be deemed
complete unless said information and fees are included.
Section 4.2: FilinS
Town of Longmeadow Planning Board Rules&Regula Page 5 of 9
Applications to the Board for either Subdivision or Site and Design Review shall be filed with
the Board at a regular meeting of the Board. The applicant shall file by delivery or registered
mail a notice with the Town Clerk stating the date of submission for such approval and
accompanied by a copy of the completed application form. The date of receipt by the Board
shall be considered the date on which the application has been filed. All required information
and the filing fee(s) shall be required at the time of filing unless waived by the Board.
Section 4.3: Information Required
Subdivision Applications—See Town of Longmeadow Subdivision Rules and Regulations
Site and Design Review —See Town of Longmeadow Zoning Bylaw, Article XI.
Section 4.4: Fees
1. General
All applications shall be accompanied by the appropriate fee as determined by the
Planning Board list of application fees.
2. Project Review Fees
(A) Introduction - In accordance with M.G.L. Chapter 44, Section 53G, the Planning
Board may impose project review fees for those applications which require the
services of outside consultants for the review process due to the size, complexity, or
scale of a proposed project; the need for additional expertise in the review; or because
of the potential impacts of a project.
The Board may engage attorneys, engineers, planners, landscape architects, architects
or other appropriate professionals.
(B) Fee Payment— The Planning Board shall determine the initial deposit to be made and
the amount of any additional funds that may be required during the review process.
The applicant shall pay such fees to the Town of Longmeadow and such fees shall be
deposited in a special account with the Town.
(C) Expenditure of Fees — Outside consultants retained by the Planning Board shall be
paid from this special account. The expenditure of said fees shall be at the direction
of the Planning Board, without further appropriation.
(D) Excess Fees — After completion of the Planning Board's review of a project, any
excess fee amount, including interest, shall be refunded to the applicant or the
applicant's successor in interest and a final report of said account shall be made
available to the applicant or the applicant's successor in interest.
Town of Longmeadow Planning Board Rules&Regulations Page 6 of 9
(E) Failure to Pay Fee—Failure to pay a Review Fee by the applicant shall be grounds for
disapproval of the subject application.
(F) Reports — The Town Treasurer shall submit annually a report of said special account
to the Chief Elected Board and Chief Administrative Officer of the Town.
The Town Treasurer shall cause said report to be published in the Annual Report of
the Town.
3. Planning Board Fee Schedule
The following fees shall be assessed for Planning Board filing and publications:
Preliminary Subdivision Plan $100 plus $50 per lot
Definitive Subdivision Plan $500 plus $100 per acre if no Preliminary Plan was
filed or
$200 plus$50 per acre if Preliminary Plan was filed
Approval Not Required $200
Site and Design Plan Review $500
Sign Bylaw Application $50
Advertising and Legal Notices $100
Abutter Notification $5.00 per Abutter
Section 4.5: Distribution Of Plans
The Planning Board shall send transmittal forms, and copies of plans where necessary, to the
appropriate Town boards/commissions/departments including, but not limited to, the Building
Inspector, Conservation Commission, Historic District Commission, Fire Chief, DPW, and the
like. These boards shall have forty-live (45) days to submit their continents to the Planning
Board.
SECTION 5: DECISION
Section 5.1: Review Criteria
The Board shall use the review criteria/design guidelines found in Section F of Article XI of the
Longmeadow Zoning Bylaw for Site and Design Plan Review and other applicable sections of
the Zoning Bylaw in reviewing and making a decision on such applications before it.
Section 5.2: Voting Requirements
Approval Not Required Plans — Majority vote of the Planning Board (Chapter 41, Sections
81 K-81 GG of M.G.L.)
Town of Longmeadow Planning Board Rules&Regulations Page 7 of 9
Subdivision Applications — Majority vote of the Planning Board (Chapter 41, Sections 81K-
S1GG of M.G.L.)
Site and Design Plan Review -- The concurring vote of four (4) of the five (5) members of the
Board shall be required for any decision on a site plan application (Article Xl, Section G of the
Longmeadow Zoning Bylaw).
Section 5.3: Decisions
1. The Board's written decision shall consist of either:
(A) Approval of the application based on specific findings that the project meets all of the
necessary sections of the Zoning Bylaw and Subdivision Rules and Regulations.
(B) Denial of the application based on a finding that either: a) insufficient information
was submitted with the application in order for the Board to adequately review the
proposal; or b) a determination, based on specific findings, that the project does not
meet the applicable sections of the Zoning Bylaw and Subdivision Rules and
Regulations.
(C) Approval of the application, subject to conditions, modifications and reasonable
restrictions necessary to ensure compliance with appropriate sections of the Zoning
Bylaw and Subdivision Rules and Regulations.
2. In the case of Site and Design Plan Review, the Board's decision shall be filed with the
Town Clerk and mailed to the applicant within ninety (90) days of the public hearing,
unless extended by written agreement with the applicant, said agreement shall be filed with
the Town Clerk.
Section 5.4: Withdrawal
An application may be withdrawn without prejudice by notice in writing to the Town Clerk, with
a copy submitted to the Planning Board, any time prior to the publication of the notice of the
public hearing. Requests to withdraw after the publication date of the notice may be granted
only by permission of a majority of the Planning Board. Any application fees paid by the
applicant may be reimbursed at the Board's discretion.
SECTION 6: ADOPTION & AMENDMENT
1. These Rules and Regulations are hereby adopted [Insert Date] by the Planning Board.
2. These Bylaws and Rules of Procedures may be adopted and subsequently amended at any
regular meeting by a majority vote of the Board, provided that any original proposal or
amendment shall have been proposed at a regular meeting immediately preceding that
Town of Longmeadow Planning Board Rules&Regulations Page 8 of 9
during which a vote is taken, and further provided that all members are mailed copies of the
proposal in the interim.
3. These Rules and Regulations shall be reviewed at the organizational meeting each year.
Town of Longmeadow Planning Board Rules& Regulations Page 9 of 9
NORTHAMPTON PLANNING BOARD
BYLAWS AND RULES OF PROCEDURES
As amended June 26,2008
SECTION 1.0--PURPOSE & INTENT:
These Bylaws and Rules of Procedure shall govern the operation of meetings and
business before the Northampton Planning Board in carrying out its duties and
responsibilities as assigned to it by the ordinances of the City of Northampton (especially
Zoning Ordinance),the Northampton Subdivision Regulations, and the General Laws of
the Commonwealth of Massachusetts (especially MGL Chapter 40A(zoning), Chapter
40R(smart growth overlays), Chapter 41 (planning and subdivisions), and Chapter 43D
(expedited permitting). Where there appears any conflict between these Rules and any
state law, city ordinance, or subdivision regulations, the law, ordinance, and regulations
shall govern.
For any item of parliamentary procedure not governed by these rules or by appropriate
laws,the Chair's ruling, subject to override by a majority of the Planning Board,=will
govern.
SECTION 2.0--ORGANIZATION
Section 2.1 —Election of Officers and Appointment to Committees:
1. The first regular meeting held during each calendar year will be the
organizational meeting, during which standing committees are appointed,
representatives to particular organizations elected, and the Planning Board's
Goals and Objectives are established for the coming year.
2. Two officers, Chair and Vice Chair, shall be elected by a majority of the quorum
at the first meeting in March of each calendar year. Associate members are
permitted to participate in this act.
3. A Planning Board member may serve as Chair or Vice Chair for 3 consecutive
years, after which he/she shall not be eligible to be nominated for the same
position until one year has passed. However, a two-thirds (2/3) vote of the Board
can waive this provision.
4. Whenever a new Board member is elected by the Board authorizing him/her to
sign certain documents in the name of the Board, copies of the authorization,
signed by a majority of the full board, shall be forwarded to the Registrar of
Deeds and Land Court.
5. Vacancies on committees will be filled in the same manner as prescribed above
for original appointment at the next meeting of the Board held following the
receipt of the official notice of vacancy.
Section 2.2—Chair: Powers and Duties:
The Chair shall preside at meetings, establish agenda, call special meetings, represent the
Board in certain matters, and have the power to appoint board members to standing and
special committees. The Chair may vote on all matters coming before the Board and may
participate in debate.
Prior to the commencement of a Special Permit and/or Site Plan Public Hearing only
(does not include Subdivision hearings or actions on Comprehensive Plans),the Chair
shall designate Associate Planning Board member(s), on a rotating basis,to sit in the
event that any board member is absent, unable to act, or has a conflict of interest. When
acting on any permit,there shall not be more than seven Board members voting on any
Site Plan or Special Permit application.
Section 2.3 -Vice Chair: Powers and Duties:
The Vice Chair shall carry out the functions of the Chair in his/her absence.
Section 2.4—Associate Members: Powers and Duties:
Associate Members shall be designated to sit on the Board by the Chair, as outlined under
Section 2.2 above. Associate members may participate in any discussion of the Rules
and Regulations,procedural matters,and all other matters before the Board. Associate
members are not allowed to vote on any permit requiring Subdivision Approval, or on
approvals of components of Master/Comprehensive Plans, or to hold office.
Section 3.0--MEETING & HEARINGS
Section 3.1 —Notice of Board Meetines:
Notice of all regular meetings will be delivered, emailed, or mailed (postmarked)to
members of the board and posted with the City Clerk, no later than the Monday prior to
the meeting, and notices of all regular and special meetings shall be posted in City Hall at
least 48 hours prior to the time of the meeting. When time is a constraint,telephone calls
or email may be used to supplement such notices.
Section 3.2 —Notice of Public Hearings:
Notice of hearings shall be advertised as required by the provisions of the General Laws,
Chapter 40A and Chapter 41 §8IA.
Section 3.3—Regular Meetings:
Regular meetings of the Board will be held on the second and fourth Thursdays of each
month beginning at 7:00 p.m. in the City Council Chambers, Wallace J. Puchalski
Municipal Building, 212 Main Street,Northampton, or such other time and/or place as is
determined appropriate by the Chair.
Section 3.4— Special and Emergency Meetings:
Special meetings may be called by the Chair at a time and location generally convenient
to the Public. There shall be at least 48 hours notice given for a special meeting except
for emergencies, as defined by state statute.
Section 3.5—Subcommittee/Miscellaneous/Workshop Meetings:
The Planning Board may also hold other types of public meetings, subcommittee
meetings, information sessions, workshops in which the public is invited to participate.
Section 3.6—Public Participation During Meetings:
1. During a regular meeting, members of the general public will only be allowed to
address the Chair or Board upon the invitation of the Chair or invitation of a
Board member and consent of the quorum.
2. If the Chair determines that a meeting or Public Hearing is becoming too
disorderly to properly conduct business, he/she may request a motion for a recess.
In addition,the Chair may ask for a vote to eject unruly members of the audience
pursuant to the General Laws. A majority of the quorum will carry the motion.
Section 3.7—Calling of Public Hearings:
Public hearings will be conducted for Special Permit and/or Site Plan Approval
applications, Definitive Subdivisions, Comprehensive plans or plan elements,
amendments to the Zoning Ordinance or Map, and any other action for which the
Planning Board determines a public hearing will be useful.
Section 3.8—Conduct of Public Hearings:
I. Public Hearings, which may take place during regularly scheduled meetings, will
be advertised in accordance with the applicable provisions of the State Statutes
which governs it.
2. Public Hearings, when called,will be conducted in the following manner:
A. The Chair will announce that it is time for a Public Hearing and will
announce the subject of such hearing.
B. The Chair will review evidence of adequate advertisement and legal
notice. The Chair will then explain the procedure to be followed,
including the time limits on speakers and the fact that each speaker shall
give his name and address for the record. The Chair will then announce
that the Public Hearing will begin.
C. The Chair will report on or ask staff to report on the issues that have to be
addressed and resolved by the board and the relevant sections of law and
regulations, any new or changed information pertinent to the subject, and
all memoranda, opinions, comments and recommendations of City
departments or boards pertinent to the matter.
D. The applicant and their representatives or project staff person will then
make a presentation regarding the matter and the board may ask questions.
E. The public will be invited to testify and make relevant comments or ask
relevant questions.
F. After the public has been heard,the Chair will then allow the applicant
and/or project staff person to respond to any issues/questions. The Chair
will then have all letters received concerning the matter entered into the
record.
G. The Chair will then call for a general Planning Board discussion or
question and answer period. Only the Chair may recognize speakers and
shall refer questions to the appropriate persons.
H. At any point, a public hearing may be continued or postponed to a time,
place and date certain, provided that these rules and procedures are
adhered to when it is resumed, or may be continued or postponed to a
time, place and date not certain, providing required advertising and notice
procedures are followed to announce the time, place and date of
resumption.
Section 3.9—Quorum at Regular Board Meetings:
A majority of the authorized membership of the Board will constitute a quorum and must
be present to conduct a meeting.
Section 3.10—Votes of the Board:
Unless otherwise stated within these Rules and Regulations or as stated within applicable
statues and regulations of the Commonwealth of Massachusetts, the majority of the
quorum is required for a passing vote, except for Special Permits,where a super majority
is required for a passing vote.
Section 3.11 —Attendance of Meetings—Board Members and Associate Members:
Any Member or Associate member who misses more than three consecutive meetings, or
who is unable to attend more than 75%of the meetings, should consider resigning from
the Board.
SECTION 4.0--APPLICATIONS BEFORE THE BOARD
Section 4.1 —Permit Applications:
Applications for Permits before the Planning Board shall be prepared in accordance with
the procedures in the Northampton Zoning Ordinance and Subdivision Regulations and
the instructions on and attached to the application form. Every application for action by
the Board shall be made on the official application form published by the Office of
Planning and Development(in paper or online forms).
SECTION 5.0--REVIEW FEES
Section 5.1 —Determination to Re uire Review Fees-
1. If, after receiving an application the Board determines that in order to properly
review and process that application it requires technical advice unavailable from
municipal employees or departments, it may employ outside consultants.
Whenever possible the Board shall work cooperatively with the applicant to
identify appropriate consultants and to negotiate payment of part or all of
consultant fees by the applicant. Alternatively,the Board, by majority vote,
require that the applicant pay a reasonable review fee (in accordance with Chapter
593 of the Acts of 1989) for the employment of outside consultants chosen by the
Board alone.
2. A review fee may be imposed only if:
A. The work of the consultant consists of review of studies prepared on
behalf of the applicant, and not of independent studies on behalf of the
Board.
B. The Board finds that an adequate review cannot be performed by city
employees/contractors.
C. The work is in connection with the applicant's specific project, and
D. All written results and reports are made part of the record before the
Board.
3. Before a fee is imposed:
A. The applicant shall be given five business days notice and opportunity to
submit written comments relative to the invitation for bids or requests for
proposals.
B. The applicant shall be given five business days notice and opportunity to
comment on all bids or proposals prior to the selection of the consultant
and the award of a contract.
C. The applicant shall be given five business days notice and the opportunity
to file an appeal of the selection of the outside consultant with the City
Council. Grounds for said appeal are limited to written claims, with
documentation,that the consultant selected has a conflict of interest or
does not possess the minimum required qualification in accordance with
M.G.L. c. 44, § 53G. If the City Council does not act within thirty days
the Boards decisions shall stand.
4. Any invitation for bids or request for proposals shall indicate that award of the
contract is contingent upon payment of a review fee. If the applicant fails to pay
the review fee within ten days of receiving written notification of the execution of
a contract with a consultant,the Board may deny the permit.
5. Each review fee shall be deposited in a special account established by the
municipal treasurer pursuant to M.G.L. c. 44 § 53G.
A. Funds from the special account may be expended only for the purposes
described in Section 5.1 above, and in compliance with the Uniform
Procurement Act, M.G.L. c. 30B, § 1-19.
B. Within sixty days of completion of the project or of such time as the
applicant formally withdraws the proposal,the applicant shall received a
final report of funds in the special account and shall be paid any unspent
excess in the account, including accrued interest(if any).
SECTION 6,0--PLANNING BOARD RECORDS
Section 6.1 —Record Keening—Office of Planning & Development
The Office of Planning&Development, acting as staff/agent for the Planning Board,
shall be responsible for preparing, keeping and maintaining the following official records
and documents of the Board to be physically or electronically located within its office:
A. Minutes of the meetings
B. Agendas
C. Staff reports and recommendations
D. Copies of all comprehensive plans, permits, plans, and applications r
SECTION 7.4-ADOPTION & AMENDMENT
Section 7.1 —Procedure for Adopting & Amendinz:
l. These By-laws and Rules of Procedures may be adopted and subsequently
amended at any regular meeting by a majority vote of the Board, provided that
any original proposal or amendment shall have been proposed at a regular
meeting immediately preceding that during which a vote is taken, and further
provided that all members are mailed, emailed, or otherwise providedcopies of the
proposal.
1
CHICOPEE PLANNING BOARD
RULES AND REGULATIONS
Amended and Adapted 6 May 1999
Table of Contents
Page
1-2 Meetings
2 Quorum
2 Order of Business
2 Hearings
2-3 Elected Officers: Chair, Vice-Chair, Clerk
4 Rights and Duties of the Members
4-5 Attendance
5 Selection of New Members
5-7 Agenda: Matter, Plans, New Business, Etc.
7 Personnel
8 Records
8 Other
8-9 Glossary
9 Adoption and Revision History
MEETINGS
RULE #1
Regular meetings of the Board shall be held on the first Thursday of each month at 7:00 p.m. in
the Aldermanic Chambers or City Hall Auditorium,unless otherwise ordered from time to time.
a. In the event a legal holiday falls on a scheduled meeting night, then the meeting shall be
held on the following Thursday at the scheduled time.
b. Special meetings may be ordered by the Board for the purpose of conducting public
hearings for zone change petitions and other matters, and such hearings may be
conducted at a place other than the normal meeting place, if the Board so desires.
RULE #2
The Chair of the Board may, at any time, call a special meeting of the Board by causing a written
notice of such meeting, specifying the subject which he/she desires to have considered, to be left
at the usual place of residence of each member, or given to him or her in hand, at least twenty-
four hours before the time appointed for the meeting; and no business other than that specified in
said notice shall be transacted at such special meeting. On written petition of any three members
of the Board, the Chair shall call a special meeting of the Board to act upon any matters set forth
in the petition. Notice of any such special meeting shall be given as above provided.
1
2
RULE #3
No person will be admitted beyond the rail in the Aldermanic Chambers, during any meeting of
the Board, except upon permission of the Chair.
QUORUM
RULE #4
A quorum of the Planning Board shall consist of three members. If, at any time any meeting is
called to order, a quorum is not present and if after a recess of not more than thirty minutes a
quorum is still not present, the Chair shall declare the meeting adjourned. If the Chair has prior
knowledge that a quorum will not be present, he or she may adjourn the meeting after ten
minutes from the posted meeting time.
ORDER OF BUSINESS
RULE #S
The priority of agenda items shall be determined by the Planning Director and listed on the
meeting agenda mailing. Changes in the order business is conducted at a meeting shall be at the
discretion of the Chair. Generally, the Board should expect the order of business to be scheduled
as follows:
a. The minutes of the previous meeting(minutes shall be read if requested by a member).
b. Public hearings (zone change petitions shall have priority, followed by subdivisions,
waivers, liquor licenses, street name changes, street abandonment and tree removal
requests).
C. Unfinished business.
d. New business.
HEARINGS
RULE #6
On all hearings before the Planning Board the proponents and the opponents to such petition may
each be allowed a total time of 5 minutes, with the further limitation that no more than 2 minutes
be allowed to any individual speaker. Questions by members of the Planning Board shall be
made only after the speaker's allotted time has expired. Notwithstanding and foregoing
limitation as to time, any person may have the right to be recorded for or against the subject
being heard. The Chair of the Board may waive these time limits.
ELECTED OFFICERS
RULE #7
Annually, in the month of April, the Planning Board shall elect a Chair from its own members
who shall preside at all meetings of the Board. The Planning Board shall, in like manner elect a
Vice-Chair and a Clerk.
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RULE #8
No Chair shall serve more than 2 consecutive terms. The preferred practice of the Board shall be
to rotate elected officers (Chair to member, Vice-Chair to Chair and Clerk to Vice-Chair).
RULE #9
The Chair of the Board shall take the chair at the appointed hour and call the members to order
and shall forthwith cause the roll to be called by the Clerk and the names of the absentees
recorded.
In the absence of the Chair, the Vice-Chair shall serve as temporary Chair. In the absence of both
the Chair and Vice-Chair, the Clerk shall serve as temporary Chair. Otherwise, a temporary
Chair shall be chosen by the members who shall serve during the absence of the Chair. The
Chair or Vice-Chair shall act as the Planning Board Clerk when the Clerk is not present. If both
the Chair and the Clerk are absent then the Vice-Chair shall designate an Acting Clerk.
RULE #10
The Chair:
♦ shall preserve order and decorum
♦ shall respond to a member's request for a point of order
♦ shall respond to a member's appeal of a ruling
♦ shall respond to a member's request for a point of information
♦ shall respond to a member's request for parliamentary inquiry
♦ shall respond to a member's request for division of a question
♦ shall respond to a member's objection to consideration of a question
♦ shall respond to a member's request for permission to withdraw a motion
RULE #11
The Chair may call any member to the chair for a period of time not extending beyond an
adjournment, and when out of the chair, the Chair may participate in any debate and shall not
resume the chair while the same question is pending. The Chair may state facts that give his or
her opinions on the questions of order and interrogate persons participating in public hearings,
without leaving the chair.
RULE #12
The Chair shall announce all votes. If any member requests verification of a vote, the Chair shall
immediately retake the vote in a manner that assures the Board of its correctness.
RULE #13
The Chair may, at any time, during debate or otherwise, declare a recess for not more than ten
minutes. The Board may not make any motion to stop the recess.
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RIGHTS AND DUTIES OF THE MEMBERS
RULE #14
♦ Every member, when speaking, shall respectfully address the Chair, confining
himself/herself to the question under debate, and avoid personalities.
♦ No member shall speak out of his or her place without leave of the Chair
♦ No member shall interrupt any member who has the floor. Exceptions may be made to
request the Chair to enforce a RULE (point of order) or request information (point of
information).
♦ Private discussion between members while another has the floor is out of order.
♦ Private discussion between members and the public, including the applicant, is out of order.
RULE #1 S
No member shall speak more than twice on the same question or more than once until other
members choosing to speak shall have spoken, or more than two (2) minutes at each time,
without obtaining leave of the Board.
RULE #16
Any person (member or other) mentioned in debate shall be referred to in a clear and respectful
manner.
RULE #17
It is considered impolite for a member to stand while another member is speaking.
RULE #18
When two or more members address the chair at the same time, the Chair shall name the member
who is entitled to the floor.
RULE #19
No member shall represent, before the Planning Board, any party of interest in any matter
pending before it. (Section 81-A, Chapter 41, M.G.L.)
RULE #20
Every member who is present at a meeting shall vote when a question is put to a vote, unless:
♦ excused by the Board for special reasons
♦ private interests are involved that would create a conflict of interest
ATTENDANCE
RULE #21
Each member of the Planning Board who has knowledge of the fact that he or she will not be
able to attend a scheduled meeting the Planning Board shall notify the Planning Department at
City Hall at the earliest possible opportunity and, in any event, prior to 3:15 p.m. on the date of
the meeting. The Planning Director shall notify the Chair of the Board in the event that the
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projected absences will produce a lack of a quorum. Attendance shall be recorded in the
minutes.
RULE #22
Any member who misses three unexeused consecutive meetings will be requested to resign.
Failing this a written request recommending replacement will be forwarded to the Mayor.
SELECTION OF NEW MEMBERS
RULE #23
Members are appointed by the Mayor, subject to confirmation by the Board of Aldermen. It shall
be the practice of the Planning Board, when full memberships become vacant, to respectfully
request the Mayor to appoint a full member from the associate membership. The procedure shall
be as follows;
1. All associates shall be asked if they are interested in becoming a full member.
2. Of those interested, the associate with the longest service shall be suggested to the Mayor.
3. Attendance at regularly scheduled meetings shall be the deciding factor should two or more
associates appointed at the same time express an interest in becoming a full member.
MATTER, PLANS, NEW BUSINESS, ETC,
RULE #24
Deadlines for agenda items that require advertising shall be established by the Planning
Department in accordance with Massachusetts State Law and Chicopee City Code. Deadlines
will also reflect deadlines for submission established by advertising agencies.
RULE #25
Deadlines for agenda items that do not require advertising shall be established by the Planning
Department. A non-advertised agenda item shall not be added to the agenda if, in the opinion of
the Planning Director or Development Manager, there is insufficient time to prepare an adequate
recommendation for the Board.
RULE #26
Matters referred to the Planning Board by the Board of Alderman shall be placed on the calendar
for consideration and action at the first meeting of the Planning Board after such reference,
which allows legal advertising deadlines to be met.
RULE #27
The Planning Director shall cause to be compiled an agenda of and recommendations or reports
on all such proposed matters, plans and other new business, as well as of the unfinished business
before the Planning Board, and shall mail a copy of same to each member of the Board not later
than the Friday preceding such regular meeting of the Board.
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RULE #28
Motions shall be taken up in the order in which they are moved unless logic dictates a change in
the order. Motions may be divided into parts for separate votes when it makes sense and if
requested by a Member or by the Chair.
RULE #29
Motions in the order of rank:
♦ Main motion is made to introduce business. Members shall vote on the main motion before
entertaining another motion with the exception of the following:
♦ Subsidiary motions that may be made while the main motion is on the floor:
Amend—to change the wording of a motion
Commit—to send to committee
Postpone—delay until later in meeting or table for another
meeting
Limit Debate—assign time limit to debate
Previous question-- End debate
Refer— send to Law Department, etc for opinion/fact finding
RULE #30
After the Chair states a motion, any member of the Board shall dispose it, unless withdrawn by
the mover before an amendment or decision.
RULE#31
Every motion shall be reduced to writing if the Chair directs or any member requests it and no
motion or proposition of a subject different from that under consideration shall be admitted under
color of amendment.
RULE #32
A motion for a reconsideration of a vote shall be in order for immediate consideration, if made
by a member voting with the prevailing side; or if notice be given by any member at the meeting
at which the vote passed, it shall be in order only at the next meeting of the Board which is held
on the first Thursday of a month or at a special meeting which is called to consider such notice,
and a vote deciding the motion to reconsider shall not be reconsidered. Only the member serving
notice or reconsideration can call for such a motion at the next meeting.
RULE #33
Reconsideration of any decision of the Board may be had when the interested party for such
reconsideration makes a showing — satisfactory to the Chair — that without fault on the part of
such party essential facts were not brought to the attention of the Board.
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RULE #34
When a motion to reconsider has been decided, that disposition shall not be reconsidered, and no
question shall be twice reconsidered unless it has been amended after the reconsideration; not
shall any reconsideration be had upon the following motion;
to adjourn;
to previous motion;
to lay on the table;
to take from the table;
to close debate at a specified time.
RULE #35
The affirmative vote of the majority of a quorum of the Board members shall be necessary to
pass any motion, decision or vote, unless otherwise required by statue. A tie may result in
reconsideration of a decision by request of the petitioner.
RULE #36
A roll call vote shall be taken on any question or motion upon the request of two of the members
present.
RULE #37
No rule or standing order of the Board shall be suspended unless all members present do not
consent hereto, nor shall any rule or order be repealed, amend or added unless a majority of the
whole Board concurs therein by roll call vote.
RULE #38
On all matter of parliamentary procedure not provided for in these rules or by law or ordinance,
Robert's Rules of Order shall govern.
PERSONNEL
RULE #39
All employees, over which the Board has power of appointment, promotion, demotion or
dismissal shall be appointed, promoted, demoted or dismissed by roll call vote. (Section 81-A,
Chapter 41, M.G.L.)
RULE #40
The Recording Secretary shall attend all meetings of the Board and keep a full and accurate
journal of the proceedings of the Board meetings and such record shall be open to the inspection
of any registered voter of the city. He or she shall also record the names of members present and
absent. When a yes and no vote are taken the Clerk shall call the names of all the members,
excepting that of the Chair, which shall be called, last.
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RECORDS
RULE #41
The Planning Director shall have the care and custody of all records, documents, maps,plans and
papers of the Planning Board. (Section 81-A, Chapter 41, M.G.L.)
OTHER
RULE #42
These rules may be amended at any meeting by a majority of a quorum of the Board; provided
that notice of said proposed amendment be given to each member in writing at least two (2)
weeks prior to said meeting.
GLOSSARY
Abstain; Refrain from voting
Ad-hoc committee: Special committee
Adjourn: end a meeting
Adopt: act in favor of a motion
Agenda: list of items to be taken up at a meeting
Amend: change a pending motion
Amendment: motion which changes a motion
Appoint: assign to a committee or office
Ballot vote: secret vote, written on a piece of paper
Bylaws: written Rules for governing an organization
Carried: to adopt a motion
Chair: presiding officer
Debate: formal discussion of a motion
Debatable: motion that is open to discussion
Division; Call for a recount of the vote
Division of a question: motion to divide a motion and vote separately on its various parts
Executive session: secret session of Board members only
Floor(as in"have the floor"): be given permission to speak at a meeting
Incidental motion: motion dealing with procedure
Lost motion: a defeated motion
Main motion: motion introducing a subject for discussion and action
Majority vote: one more than half the votes cast
Minutes: official written record of a meeting
Motion: proposal that some action be taken or an opinion expressed by the Board
New business: new matters brought for consideration
Ordered: directed by vote of the Board
Order of business: schedule of business to be considered
Out of order: not correct
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Pending: the question(s) that are under consideration
Pending question: the last motion stated by the Chair
Point of order: motion to use if you feel the Chair is not following the Rules
Precedence: priority of consideration of a motion
Putting the question:placing the motion before the Board for a vote
Previous notice: a written notice before a meeting that a motion will be introduced
Previous question: motion used to cut off debate and bring the Board to vote on the pending
motion(motion last stated).
Question: motion
Reconsider: motion to bring back a motion for further consideration after it has been acted upon.
MUST be done at the same meeting the original vote was taken.
Rescind: strike out a previously adopted motion before action has been taken on it (building
constructed, for example)
Resolution: formal written motion
Ruling: decision made by the presiding officer
Second: a second person agrees to have a motion considered
Secondary motion: an amendment to motion. May be made when the main motion is on the floor
and before it is decided
Subsidiary motion: a class of motions that helps to dispose of the main motion
Tie vote: same number of votes on either side
Vote: formal decision
Yield: give way when you have been assigned the floor
Adoption and Revision History
ADOPTED: 26 March 1995
REVISED: 20 March 1991
REVISED: 6 May 1999
9
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Burlington Planning Board
Burlington, Massachusetts
Adopted: July 13,1972
Amended to February 7,2002
Planning Board Procedural Rules rev.4-2/7/02 Page 1 of 17
Amendments
Amendment Date Description
July 13, 1972 Initial Adoption by Planning Board
I March 7, 1974 Changes to reflect increase in membership from 5 to 7
Members
2 October 15, 1998 Adoption of Policy Statement
3 November 18, 1999 U dated to reflect current board practices
4 February 7, 2002 Add section 3.3 - Missed testimony directive, Fix
typographical errors
Planning Board Procedural Rules rev.4-2/7/02 Page 2 of 17
Table of Contents
Page Section Title
2 N/A Amendment Table
4 N/A Introduction
5 1.0 General Provisions
7 2.0 Officers
9 3.0 Meetings
12 4.0 Planning Board Staff
13 Attachment I Adoption and Approval History
14 Attachment II Statement of Policy
16 Attachment III Meeting Etiquette
17 Attachment IV Votes Required for Approval
Planning Board Procedural Rules rev. 4-2/7/02 Page 3 of 17
Introduction
The Burlington Planning Board (from here in shall be know as the "Board") is the
zoning approval authority for the town, having the powers and rights granted to it
under local Zoning Bylaws and Subdivision Rules and Regulations in accordance with
the General Laws of the Commonwealth of Massachusetts. These powers and rights are
bestowed upon the Board by the Town Meeting. The procedural rules detailed in this
document are presented to provide the Board and other interested parties, clarification
on how the Board conducts its' business.
Any conflict between these procedural rules and legally binding action of the Town
Meeting or the action of the General Court of the Commonwealth of Massachusetts
shall prevail. In the event of a procedural matter is not covered by these rules, the
Board shall be guided by "Robert's Rules of Order Revised."
Planning Board Procedural Rules rev.4-2/7/02 Page 4 of 17
Section 1.0 - General Provisions
1.1 The Procedural Rules of the Board as originally adopted may be amended from
time to time by majority vote of the Board.
1.2 The Board shall consist of seven members, a Chairman, Vice-Chairman, Member
Clerk and four Associate Members. These members shall be elected in
accordance with the Town Bylaws and the Subdivision Control Law, Chapter 41,
Section 81-A of the Massachusetts General Laws. As required, a member may be
appointed to the Board to fill a vacancy. In the event of the need to appoint a
new member, the previously identified laws and procedures outlined in the
General Bylaw shall govern the appointment.
1.3. All members have access to Departmental files and records as necessary to
render an informed decision on an application. The Planning Board Staff (from
here in shall be know as the Staff) is responsible to ensure access.
1.4 The Board shall discharge the duties required by the Massachusetts General
Laws and such other duties as may be assigned to it by Town Bylaws.
1.5 Board members are governed by statutory laws and shall conduct themselves in
accordance with Conflict of Interest and Ethics Laws and Guidelines when
dealing with the Board, applicants, and other Town Boards.
1.6 A simple majority of the Board shall constitute a quorum and the concurring
vote of four members shall be required for any decision or action by the Board,
unless governed otherwise as in a special permit or in waiver requests related to
a Definitive Subdivision application. A record in the approved minutes of a
meeting, a decision submitted to the Town Clerk, or specific instrument or plan
endorsed by the Board, shall be evidence of a vote, decision, action, intention to
act, or policy of the Board. The record shall constitute the authority for all
communication,statements, certifications and other acts necessarily following as
a result of such vote, decision, or action.
1.7 No member of the Board shall purport to express the official position or opinion
of the Board, except in accordance with a specific vote of the Board. Members
and staff shall clearly identify expressions of their own opinion or belief as
personal, and not to be confused with the official position of the Board.
1.8 Changes in the membership of the Board shall not affect the validity of any
previous decision, action, or policy of the Board, nor its` right to amend or
rescind any such previous decision, action, or policy, consistent with the
provisions of any applicable laws and with due regard for the rights of those
affected by such amendment or decision.
PIanning Board Procedural Rules rev.4-2/7/02 Page 5 of 17
1.9 An annual report of the Board shall be submitted to the Selectmen's Office on the
date requested by that office. The Planning staff shall draft the Annual Report
and submit it to the Board for their review and approval.
1.10 The Staff shall prepare a draft operating budget for review by the Board, at least
four weeks prior to the submission date to the Ways and Means Committee. The
Chairman shall direct the Vice-Chairman to work with staff to prepare and
submit to the Board the proposed budget for the succeeding year.
1.11 All requests for the Board or Staff to review potential applications, to create
subcommittees, to review policy or procedural changes, or to endorse
miscellaneous studies, shall be submitted through the Chairman.
Planning Board Procedural Rules rev.4-2/7/02 Page 6 of 17
Section 2.0 - Officers
2.1 At the first regularly scheduled meeting following the annual Town election, at
which all the Board Members are present, the Board shall elect from among its
members a Chairman, Vice-Chairman, and a Member-Clerk, each to serve until
his successor shall be elected and qualified. At this same meeting, the Chairman
shall make appointments to Subcommittees and/or Commissions as required by
Town Bylaws or as requested by another Town Board or Authority. Every
attempt shall be made to accomplish the elections and appointments within one
month of the annual Town election. In the event of a vacancy in office or
appointment, by reason of resignation or otherwise, the Board shall promptly fill
such vacancy.
2.2. Special study committees may be established and appointed by the Chairman.
Each such committee shall remain in existence until it completes its' tasks and
submits a report or recommendations. Appointments shall be for a period of not
more than one year and shall take affect in accordance with Paragraph 2.1 above.
Reports and recommendations generated by a study committee shall not be
deemed to represent the position of the Board unless specifically voted by the
Board.
2.3 The Chairman shall preside at meetings of the Board and shall represent the
Board at all times unless other specific provision is voted. In addition to
responsibilities identified elsewhere in this document, the Chairman shall make
oral or written statements and agreements on behalf of the Board, as authorized
by and within the limits of a vote, decision, or policy of the Board. Working
through the staff, the Chairman shall be responsible for:
a) The preparation of all reports and correspondence.
b) Ensuring that minutes of each meeting are taken and prepared.
c) Receipt of all monies and securities deposited with the Board and its
subsequent deposit with the Town Clerk or the Town Treasurer.
2.4 The Vice-Chairman shall assume the duties of the Chairman in the absence of the
Chairman as described in Paragraph 2.2 above. Working through the staff, the
Vice-Chairman shall also be responsible for:
a) The insertion and timely publishing of all legal notices.
b) Preparation and mailing of registered or certified notices to abutters or
interested parties designated by the Board.
c) The maintenance of plan file.
d) Such other duties as deemed necessary and delegated by the Chairman.
Planning Board Procedural Rules rev.4-2/7/02 Page 7 of 17
2.5 The Member-Clerk shall certify the approval of the minutes of the meetings,
including extracts of minutes of previous meetings when required, shall keep
minutes of a meeting in the absence of a Recording Clerk, and shall perform the
duties of the Chairman in the absence of both the Chairman and the Vice-
chairman as described in Paragraph 2.2 above. Working through the staff, the
Member-Clerk shall also be responsible for the interpretation, validity, and
maintenance of these Procedural Rules as well as any proposed alterations or
amendments to the Zoning Bylaw.
Planning Board Procedural Rules rev.4-2/7/02 Page 8 of 17
Section 3.0 - Meetings
3.1 Regular meetings of the Board shall be held at a designated hearing room on the
first and third Thursday of each month, excluding legal holidays, except as
otherwise voted by the Board. The Board shall meet one time each month during
July and August. In November of the current year, Staff shall prepare for Board
approval, a meeting schedule for the seceding year. All meeting dates, times,
and locations shall be posted in advance in accordance with the provisions of the
Open Meeting Laws.
3.2 Board Members shall come to a meeting prepared to review applications or to
make informed decisions on matters before the Board. In order to assist
members, staff will make the office and records available. Staff shall prepare
and mail an agenda to each member of the Board, together with appropriate
explanatory notes and copies of correspondence and/or other material relevant
to the agenda on the Friday preceding the meeting, if available.
3.3 Should, during absence at a public hearing, a Member miss testimony related
to an application; that Member shall recuse themselves from further
participation on the application and vacate the meeting room when that
application is before the Board. The Member will continue to recuse
themselves through completion of the public hearing process, and vote of the
Board.
(Adopted by the Planning Board on February 7,2002)
3.4 A special meeting may be called by the Chairman or at the request of the
majority of the Board. The Chairman, or staff at the direction of the Chairman,
shall notify all members by telephone or in writing at least 48 hours in advance
of such special meeting, when possible. The business of the special meeting shall
be limited to the purpose for which the meeting was called, and be duly posted
in accordance with the Open Meeting Laws. No special meeting shall be held
before 7:00 p.m. except by the unanimous consent of the Board.
3.5 In accordance with the Open Meeting Laws, all Board meetings shall be open to
the public unless the Board shall vote to go into executive session. Such
executive session may be held only for the purpose of discussing, deliberating, or
voting on those matters which by general or special stature, or federal grant-in-
aid requirements cannot be made public, and those matters which if made public
might adversely affect the public security, the financial interest of the Town, or
the reputation of any person.
PIanning Board Procedural Rules rev.4-2/7/02 Page 9 of 17
3.5.1 Except in emergency, a notice of each Board meeting shall be filed with the
Town Clerk, and the notice or a copy thereof shall be posted in the Town
Hall, at least twenty-four hours prior to such meetings, including Saturdays
but not Sundays and legal holidays. For the purposes of this section,
"emergency" shall mean a situation where immediate action is deemed by
the Board to be imperative. (Chapter 39, Section 23-A)
3.5.2 No individual shall address a meeting of the Board without leave of the
Chairman and all individuals shall, at the request of the Chairman, conduct
themselves in a civil manner. If, after warning from the Chairman, an
individual persists in disorderly behavior, the Chairman may order him/her
to withdraw from the meeting, and, if they do not withdraw, the Chairman
may order a constable, or any other person, to remove him/her and confine
him/her in some convenient place until the meeting is adjourned. (Chapter
39,Section 23-B)
3.6 Minutes of meetings and other official records of the Board, the records of
executive sessions excepted, shall upon approval by the Board, be open to the
public. Records of executive sessions shall become public when, in the opinion
of the Board, such action will no longer defeat the lawful purposes of the
executive sessions. Records shall not be removed from the office of the Board
and no copies of the records will be furnished by the Board to the general public,
except as required by law. The Staff shall be custodian of all Board records.
3.7 Proponents requesting public hearings or meetings before the Board shall make
an appointment with the Staff prior to submission of applications. A completed
application and all required documentation, as outlined in the Site Plan Rules
and Regulations and Subdivision Regulations shall be submitted to the Board,
through the Staff prior to meeting with the Board.
Section 3.6 of these rules shall be published, posted, or otherwise made available
to persons wishing to meet with the Board.
3.8 Except for emergencies or compliance with legal requirements, the agenda for
each regular meeting of the Board will be closed at 3:00 p.m. on Friday preceding
such meeting. Due to certain legal noticing requirements which may prohibit
items from being placed on the agenda if sufficient time for said noticing does
not exist. These items will be placed on the agenda for the following meeting.
Planning Board Procedural Rules rev.4-2/7/02 Page 10 of 17
The order of business for the Board meetings shall be as follows:
1. Call the Regular Planning Board meeting to Order.
2. Minutes
3. Citizens Time
4. Announcements
5. Legal Notice of Interest
6. Non-approvals
7. Matter of Appointment
8. Other Business
a. Discussion
b. Correspondence
c. Reports from Town Council
d. Subcommittee Reports
e. Unfinished Business
f. New Business
g. Press Time
The Board will adjourn the meeting no later than 11:00 p.m., unless decided by a
vote of the majority of the Board.
3.9 Public hearings shall be advertised and held by the Board as required by law or
as deemed necessary by the Board. Meetings shall commence at 7:30 p.m., or as
otherwise posted, in the designated hearing room. Petitions to the Board to hold
a public hearing for purposes of rendering a decision in accordance with the
Zoning Bylaws shall be presented by the petitioner at a regularly scheduled
meeting of the Board.
3.10 All expenses associated with any public hearing, as stated within the Zoning
Bylaw, in which the Board is required to hold by law, shall be borne by the
applicant.
Planning Board Procedural Rules rev.4-2/7/02 Page 11 of 17
Section 4.0 - Planning Board Staff
4.1 The Board shall budget for and hire a combination of full-time and part-time
staff to provide day to day department support.
Planning Director -Full Time
Responsible for staff supervision, ensuring statutory responsibilities are met,
and long range planning.
Assistant Planner-Full Time
Responsible for the daily operations of the Planning Department.
Principal Clerk-Full Time
Responsible for maintenance of all departmental records.
Recording Clerk- Part Time
Responsible for the recording of the minutes at all Planning Board meetings.
Complete job descriptions on fide in the Selectmen's office.
4.2 The Chairman shall be responsible for the preparation of the Planning Director's
annual performance review. The Chairman shall solicit the input from the
Members and shall consolidate all of the comments into the final review.
4.2.1 The Chairman shall be responsible for ensuring that the Planning Director
provide an annual performance review for the Assistant Planner, Principal
Clerk, and the Recording Clerk.
4.2.2 All matters relating to the Staff that require the Chairman's approval shall be
reviewed and discussed by the Board. These matters may include,but are
not limited to, step increases, performance reviews and reprimands.
PIanning Board Procedural Rules rev.4-2/7/02 Page 12 of 17
Attachment I
Adoption and Approval History
Adopted on July 13,1972 by the majority vote of the Burlington Planning Board
Frank E. Baxter, Vice Chairman
John P. Miller
Alfred D. Laing
William 1. Edgerly
Amended on March 7,1974 by Amended on October 15,1998 by
Alfred D. Laing, Chairman Albert L. Fay,Jr., Chairman
Frank E. Baxter, Vice Chairman John A. DeFrancesco, Vice Chairman
Charles C. Crevo Jayne L. Hyde, Member Clerk
Yvette S. Attaya Ernest E. Covino,Jr.
Gerard J. Rouke Paul R. Raymond
John G. McBride Peter J. Coppola
Paul F. Roth
Amended on November 18,1999 by
Albert L. Fay,Jr., Chairman
Paul F. Roth, Vice Chairman
Jayne L. Hyde, Member Clerk
John A. DeFrancesco
Peter J. Coppola
Ernest E. Covina,Jr.
Paul R. Raymond
2002 Revisions Approved by the Burlington Planning Board on February 7, 2002
Filed with the Town Clerk on
Planning Board Procedural Rules rev.4-2/7/02 Page 13 of 17
Attachment II
Statement of Policy
Subdivision Applications
I. All plans as submitted must conform to the Town's Zoning Bylaws and
Subdivision Rules and Regulations and meet the requirements and/or conditions
of the Board of Health and the Conservation Commission. When waivers are
anticipated to be requested, the Planning Board requests the submission of
Preliminary Subdivision Plans which depict full compliance with the design
standards of the Planning Board's Subdivision Rules and Regulations. All
requested waivers shall be submitted with the plans, in writing, along with a
conceptual plan reflecting the subdivision layout pursuant to the requested
waivers. Any subsequent decision made by the Planning Board on the
Preliminary Subdivision may indicate which waivers are found to be acceptable
to be reflected on the Definitive Subdivision Plan.
2. A waiver is not a variance or "right" and will not be considered by the Board in
order to make a site buildable. The Planning Board may grant waivers, or
consider granting waivers only if, in the Planning Board's opinion, they are in
the best interest of the Town.
3. The Planning Board will not incrementally reduce the amount of surety held by
the Town for a Subdivision until the field work is complete. Completion will be
by determination of the Planning Board upon recommendation of the Planning
Staff.
4. The Planning Board will not grant extensions of time to complete construction of
an approved Definitive Subdivision Plan without a written statement from the
developer and/or applicant outlining that best efforts were made to perform the
work, and providing a specific time table for completion.
Site Plan Applications
1. All references to the "Spirit of the Master Plan" shall be specific as to the element,
chapter and section;and embrace that entire section rather than selected parts
out of context.
2. It is a goal of the Planning Board to reduce the number of curb cuts on all
roadways and to ensure safe vehicular access and movement through and
between public and private properties. The applicant shall undertake best efforts
to submit plans with one curb cut. Planned vehicular movements within the site,
customer access to and from the site, and driver friendly appeal of the site do not
justify additional curb cuts. The board encourages cooperative efforts between
property owners to share curb cuts.
Planning Board Procedural Rules rev.4-2/7/02 Page 14 of 17
3. The Planning Board will not grant extensions of time to complete construction of
an approved Site Plan without a written statement from the developer and/or
applicant outlining that best efforts were made to perform the work,and
providing a specific time table for completion.
4. All new Site Plans shall reflect any previously approved alterations or additions
to the site. Any incomplete or outstanding items or unauthorized work shall be
addressed within the new application.
5. The Planning Board reminds nonresidential property owners that any and every
alteration to the premises or building, no matter how seemingly insignificant,
must be reviewed and approved by the Planning Board. The Planning Board
requests that all proposed alterations to a previously approved plan (i.e. Minor
Engineering Changes, Insignificant Changes) be submitted prior to the work
being performed. Exceptions to this policy will only be allowed by authorization
through the Chairman of the Planning Board after conferring with the other
Members.
6. If applicable, documentation shall be submitted to the Planning Board
demonstrating the developer's attempts to meet with site abutters to review their
proposal and address any comments and concerns.
(Adopted by Planning Board on October 15,1998)
Planning Board Procedural Rules rev.4-2/7/02 Page 15 of 17
Attachment III
Meeting Etiquette
1.0 Public Hearings shall be conducted formally under the direction of the
Chairman, who shall open the hearing, state the legal requirement or notice for
the hearing, explain the procedure to be followed and describe the proposal. In
general, thereafter,the proponent of the proposal requiring the hearing, if other
than the Planning Board, shall be recognized next if the proponent wishes to
make a presentation, after which the members of the Board and persons in
attendance may ask questions of fact.
2.0 The Chairman shall then read the record any pertinent written communications
received prior to the hearing. Proponents of the proposal shall be recognized
next,followed by any Board members, followed by any abutters or other
interested parties, each to have a reasonable opportunity to speak.
3.0 The Chairman shall recognize anyone wishing to speak and all remarks must be
addressed through the Chairman, although other Board members may answer
questions.
4.0 Customary parliamentary procedures will be followed except where the number
of people in attendance is small enough to permit a less formal procedure. At the
close of the hearing those attending may be given an opportunity to record
themselves in writing as being in favor of or against the proposal.
5.0 No single matter before the Board will be heard for a period longer than one (1)
hour at any one meeting. At the end of one hour, the Board could take one of the
following actions:
• Render a decision
• Continue the matter to a subsequent regularly scheduled Planning Board
meeting, or
• Vote to waive the time restriction
6.0 In procedural matters not covered by these rules, "Robert's Rules of Order
Revised" shall guide the Board.
Planning Board Procedural Rules rev.4-2/7/02 Page 16 of 17
Attachment IV
Votes Required For Approval
Application Type Minimum Number of Votes Time Limit Within Which to File a Decision
Required to Act Favorably
Site Plan 4 members Decision must be filed within 90 days after the
close of the Public Hearing.
Site Plan Waiver All members present but 1 Decision must be filed within 90 days after the
must vote favorably,with at close of the Public Hearing.
least 4 members voting
favorably.
Special Permit 5 members Decision must be filed within 90 days after the
close of the Public Hearing.
Minor Engineering Change 4 members No specific time limit(not a Public Hearing)
Preliminary Subdivision 4 members Notice to Town Clerk must be submitted within
45 days after the plan has been filed. (Time can
be mutually extended by the Board and the
Applicant. Plan is deemed approved if the
Board fails to act within the proper time limit
and notice to Town Clerk and applicant.)
Definitive Subdivision 4 members Notice to Town Clerk must be filed after 90 days
(Preliminary Plan)/135 days(No Preliminary
Plan). (Time can be mutually extended by the
Board and the Applicant. Plan is deemed
approved if the Board fails to act within the
proper time limit and notice to Town Clerk and
applicant)
Subdivision Waivers 5 members Notice to Town Clerk must be filed after 90 days
(Preliminary Plan)/135 days(No Preliminary
Plan). (Time can be mutually extended by the
Board and the Applicant. Plan is deemed
approved if the Board fails to act within the
proper time limit and notice to Town Clerk and
applicant)
Zoning Amendment 4 members Recommendation must be submitted to Town
Meeting prior to them taking action. If no
recommendation is filed,Town Meeting can take
action 21 days after the hearing.
Miscellaneous Decisions 4 members No specific Time limit.
(Acceptance/Release of
Bonds, Extensions of Time,
etc.
Planning Board Procedural Rules rev.4-2/7/02 Page 17 of 17
GREENFIELD PLANNING BOARD
RULES AND REGULATIONS
ARTICLE I MEETINGS
Section 1: Regular meetings of the Greenfield Planning Board,hereinafter called the Board,
shall be held on that day or days of each month set by the Board at its annual
organizational meeting. Meetings shall be once a month at a minimum.
Section 2: The annual organizational meeting of the Board shall be the first regular meeting of
the Board in July of each year.
Section 3: The rules of parliamentary procedure comprised in Robert's current edition of
"Rules of Order" shall govern the Board and its deliberations.
Section 4: Special meetings of the Board may be called by:
l. The Chair
2. In his absence,the Vice-Chair
3. A majority of the Board
The Clerk or the Board's agent shall be responsible for posting notice thereof at least
48 hours,including Saturdays,but not Sundays or legal holidays,prior to such
meeting in accordance with Chapter 39, Section 23A,of the General Laws.
The Clerk or the Board's agent shall be responsible for notifying all members by
mail in such cases,if possible. In all other cases the Clerk or the Board's agent shall
make reasonable effort to notify all members by telephone. In all cases the Clerk or
the Board's agent shall be responsible for informing members of the agenda of the
meeting.
Section 5: The order of business of regular meetings shall be:
1. Call to Order by Chair.
2. Approval of Meeting Minutes.
3. Old Business.
4. New Business
5. Board and Staff Reports.
6. Adjournment.
Section 6: At any of the aforementioned meetings a quorum shall consist of 3 (three)voting
members of the Board. In the absence of any one of the full members of the Board,
an Alternate member shall have full voting power,and can help constitute the
quorum. A number less than a majority may adjourn. In the case of a special
permit, a 2/3 vote of the full board(4 out of 5) is required in accordance with
Chapter 40A, Section 9 of the Massachusetts General Laws.
Page 1 of 4
ARTICLE II THE CHAIR
Section 1: The Chair shall preside at all meetings and shall exercise such powers as properly
appertain to his/her office or as may be delegated to him/her by the Board.
ARTICLE III THE VICE-CHAIR
Section 1: In the absence of the Chair,the Vice-Chair shall assume the responsibilities of the
Chair.
ARTICLE IV THE CHAIR PROTEM
Section 1: In the absence of the Chair and the Vice-Chair, a Chair Protein may be elected.
ARTICLE V THE CLERK
Section 1: The Clerk or the Board's agent shall be responsible for mailing to the Board
members, at least three working days prior to each regular meeting, a notice of the
meeting,the agenda of the meeting, and the minutes of the previous meeting(s).
Section 2: The Clerk or the Board's agent shall be responsible for keeping full and accurate
records of all regular and special meetings of the Board.
Section 3: The Clerk or the Board's agent shall be responsible for maintaining the official copy
of the Board's Rules and Regulations. The Clerk or the Board's agent shall
immediately post all amendments and changes which have been accomplished in
accordance with Article V1II of these Rules and Regulations. In addition and in the
same official reference book,the Clerk or the Board's agent shall maintain a record
of all official policies set forth by the Board(Article IX).
Section 4: The Clerk or the Board's agent shall act as the Corresponding agent of the Board,
preserving copies of all correspondence and shall perform all other duties incident to
the office, or that may be required by the Board.
Section 5: The Clerk or the Board's agent shall be responsible for transmitting copies of all
votes,orders,resolutions, and documents which are to be sent to members of the
Board and shall promptly notify sub-committee members of their appointment, of
the reference of any matter to them and furnish them with all papers, copies of
orders, or other matters included in such reference: or of any changes that may be
made by the Board in their assignments.
ARTICLE VI SUBCOMMITTEES
Page 2 of 4
Section 1: The Chair may appoint such subcommittees from time to time as may be voted by
the Board. A subcommittee shall exist until the next annual organizational meetings
of the Board.
ARTICLE VII BOARD FUNCTIONING
Section 1: The Board shall act as a unit and decisions relative to planning matters and policy
shall be settled by formal vote of the Board at a legally called meeting. Individual
members,when not in a legally called meeting, shall nave no authority to take action
on Board matters.
Section 2: All policies or decisions formally voted by the Board shall be recorded by the Clerk
or the Board's agent and maintained in a central place. They shall be standard in
format,be sequentially numbered, and shall be reviewed at least once a year.
Section 3: Any deliberations or votes taken in executive session shall be kept confidential by
Board members so long as the reason for confidentiality prevails.
ARTICLE VIII AMENDMENT OF RULES AND REGULATIONS
Section 1: These Rules and Regulations may be added to, amended,or rescinded by a majority
vote of the Board members present at any regular meeting and a copy of the
proposed amendment given to each member of the Board.
ARTICLE IX APPROVAL OF POLICY
Section l: A suggested policy can be presented to the Board in writing at any regular meeting.
An item will become policy after written presentation when voted upon favorable by
a majority of Board members present at the following successive regular meeting.
ARTICLE X ATTENDANCE
Section 1: Following two unexplained consecutive absences,the Board member will be
contacted by the Chair to ascertain the intentions of said member about his/her future
attendance. If any member has more than six unexplained absences a year,the
Planning Board shall ask the Mayor for a replacement.
ARTICLE XI FEE SCHEDULE
The following fees are to be charged to the applicant for the various applications listed below:
Page 3 of 4
Section 1: Site Plan Review - $100.00 application fee.
Section 2: Special Permits- $150.00 application fee and the preparation and publication of the
legal fee in addition to the cost of certified mailings to all abutters within three
hundred of the property.
Section 3: Major Development Review- $500.00 application fee to cover staff review and the
cost of legal and public notices.
Section 4: Subdivision Control
Endorsement by Planning Board $25.00 per lot*
(ANR Form A
Prelimin Plan(Form B) $50.00 per lot
Definitive Plan(Form C) $100.00 per lot, $75.00 to cover the cost of
legal and public notices,in addition to the cost
of certifier)mailings to all abutters if
preliminary plan approved; $250.00 per lot,
$75.00 to cover the cost of legal and public
notices, in addition to the cost of certified
mailings to all abutters if no preliminary plan
submitted-
Amendment/Revision to a Definitive $250.00/submission, $75.00 to cover the cost
Plan of legal and public notices,in addition to the
cost of certified mailings to all abutters.
Inspection Fee 0.5% of total cost of improvements
NOTES:
* The fee for approval not required plans which reconfigure existing lots but do not create any
additional new lots shall be twenty-five dollars($25).
Page 4 of 4
Eastham Planning Board
Rules and Regulations
Adopted
Authority:
The Eastham Planning Board (the "Board") was established in accordance with the provisions of
Massachusetts General Laws(MGL)Chapter 41 - Section 81-A, and is governed by MGL
Chapter 41 (the"Subdivision Control Act"), MGL Chapter 40A (the "Zoning Act") and the
Town of Eastham Zoning Bylaws ("Site Plan Approval Special Permit" and"Residential Site
Plan Approval").
Membership and Duties:
The membership of the Board shall consist of seven (7) Members and two (2) Alternate
Members appointed by the Board of Selectmen. The Members shall hear and decide on cases
presented to the Board in accordance with the powers invested in the Board under the specific
statutory authority. Alternate Members shall only be eligible to vote on requests for Site Plan
Approval - Special Permit and Residential Site Plan Approval(for discussion). Members shall
inform the Chairman of anticipated absences as early as possible.
Officers:
The Board Members shall elect from its membership a Chairman, a Vice-Chairman and a Clerk
yearly. This reorganization will typically occur at the July meeting.
Duties:
The duties and powers of the officers of the Planning Board shall be as follows: The Chairman
shall preside over all meetings of the Board, the Chairman shall have the power to call all regular
and special meetings of the Board in accordance with these Rules and Regulations,to set the
agenda for those meetings, to sign documents of the Board and to see that all actions of the
Board are properly taken and meetings proceed in accordance with Open Meeting Law.
The Vice-Chairman or Clerk, shall act as the Chairman during the absence, disability or
disqualification of the Chairman, and shall exercise or perform all the duties and responsibilities
of the Chairman.
Regular Meetings:
Regular meetings of the Board are scheduled for the Second Wednesday of each month in the
Town Hall at 7:00 pm. At such meetings the Board shall consider all matters properly before the
Board. A regular meeting may be cancelled or rescheduled by the Chairman. The Chairman may
also cancel a scheduled meeting within three(3)hours of the time scheduled for that meeting due
to circumstances beyond the Chairman's control.
Eastham Planning Board-Rules and Regulations
Page 1 of 4
Special Meetings:
Special meetings of the Board may be called by the Chairman. Written notice of all Special
Meetings is to be posted in Town Hall no less than 48 hours prior to the meeting. The notice
must contain the designated time, place and purpose of the meeting. Special meetings shall be
held at reasonable hours and in publicly accessible places.
Applications:
No Application shall be deemed to have been submitted to the Board until all the required forms,
plans and fees have been received by the Board in the manner prescribed below:
Ten(1 D) copies of the Application(the"Package"), accompanying plans, supporting documents
and appropriate filing fee(s) are to be submitted to the Planning Department. Once determined to
be complete by the Planning Department and a denial letter from the Building Inspector(if
applicable) is issued,the Package is brought to the Town Clerk's office and date stamped. The
Clerk shall keep one copy of the Application and the remaining nine(9) copies are to be given to
the Planning Department.
Public Hearings:
All hearings and meetings of the Planning Board shall be open to the public except as may be
determined by the Board in accordance with the provisions of the Massachusetts Open Meeting
Law, authorizing executive session.
All posting, advertising and abutter notification shall be completed in accordance with applicable
statutes.
Executive Session:
For reasons specified in MGL Chapter 39-Section 23B, the Board may enter Executive Session
subject to the following procedures:
1. The session must be convened in an open meeting and notice given
2. Chairman announces the purpose of Executive Session
3. Majority must vote in recorded roll call for Executive Session
4. Chairman announces whether the meeting will reconvene in open session
5. Votes taken in Executive Session must be recorded roll call votes
Hearing Procedure:
The Chairman shall call the meeting to order when a quorum is present. Public.Hearings are
held at the date and time advertised or as soon thereafter as practical. Prior to opening a new
Public Hearing the Chairman will confirm that proper posting, advertising and abutter
notification has been completed. The legal notice is read by the Chairman, Planner's Report
presented, the petitioner or agent shall present their case.
The Board may ask questions it deems necessary to the petitioner. Any person who favors,
objects or questions any Application shall have the right to speak, at the discretion of the
Eastham Planning Board-Rules and Regulations
Page 2 of 4
Chairman after petitioner completes presentation. The Chairman will ask for the names and
addresses of all persons making public comment.
The Board may take action it deems necessary for clarification or understanding of the
Application before them, including; site inspection, review by another Town agency, or any
other action as they see fit.
Any motions to continue to another meeting shall note the reason and be made to a date certain.
Waivers:
If an Application is filed under statues with.waiver provisions (Subdivision Control Act, Site
Plan Approval Special Permit or Residential Site Plan Approval), waivers shall be recorded and
voted upon by the Members in an open public meeting, except those of an Executive Session.
Findings:
The Board shall make Findings of Fact as necessary to support its decision to either Approve,
Approve with Conditions or Deny an Application(or Endorse/Not Endorse for an ANR Plan).
Minimum findings should include Board's jurisdiction, Applicant's standing, site information,
zoning compliance, compliance with applicable decision criteria and others pertinent facts
deemed necessary to support a final decision.
The findings shall be recorded and voted upon by the Members in an open public meeting,
except those of an Executive Session.
Decision:
Based upon the Findings of Fact, a motion shall be made (and seconded)by a Member making
an ultimate finding on the Application to Approve, Approve with Conditions or Deny an
Application(or Endorse/Not Endorse for an ANR Plan).
Members making minority votes shall be asked to file a written statement to be filed with the
Boards decision.
Decisions of the Board shall be processed in accordance with applicable statutory framework.
Quorum and Voting:
Subdivision Con trot Act—MGL Chapter 41
Four(4)members (a Board majority) shall constitute a quorum for acting on applications made
under the Subdivision Control Act including: Approval Not Required (ANR) Plans, Preliminary
Subdivisions, Definitive Subdivisions, Subdivision Modifications, Amendments or Rescissions.
No action shall be taken in the absence of a quorum, except to adjourn the meeting to a
subsequent date.
Eastham Planning Board-Rules and Regulations
Page 3 of 4
Section 8 1 L requires "majority of the members"of the Board must provide signatures in order
for there to be proper certification or endorsement of a plan. The majority number of the seven
(7) Members, or minimum four(4)affirmatives votes is required for approval.
Site Plan Approval -Special Permit-MGL Chapter 40A -Section 9
Five(5)members of the Board shall constitute a quorum of the Planning Board for acting upon a
request for Site Plan-Special Permit. However, if less than seven (7) Members are available for
a Public Hearing an Alternate Member may be requested by the Chairman to act as a Member on
an Application to constitute as full a Board as possible.
If necessary, five (5) Members may constitute the Board in hearing and deciding on a Special
Permit request, provided the Applicant is in agreement. Agreement to go forward with a five(5)
Member Board shall be in writing, signed by an authorized Applicant and the Planning Board
Chair or Acting Chair. In such instances a unanimous vote of all five(5) Members shall be
required to grant the relief and achieve the supermajority required for a seven (7) member boards
as specified in MGL Chapter 40A- Section 9. No action shall be taken in the absence of a
quorum, except to adjourn the meeting to a subsequent date.
An Alternate Member may be requested by the Chairman to fulfill the voting requirements of the
Board when a voting Member is absent or unable to serve on a continued Case,provided the
Alternate Member was present during all of the Public Hearing and deliberations on that
particular appeal.
Residential Site Plan Approval-Eastham Zoning Bylaws - Section WV
Four(4)members of the Board shall constitute a quorum of the Planning Board for acting on
applications made under the Section XIV of the Eastham Zoning Bylaws for Residential Site
Plan Approval. No action shall be taken in the absence of a quorum, except to adjourn the
meeting to a subsequent date.
An Alternate Member may be requested by the Chairman to fulfill the voting requirements of the
Board when a voting Member is absent on a continued Case,provided the Alternate Member was
present during all of the Public Hearing and deliberations on that particular appeal.
Annual Report:
During December of each year,the Chairman shall draft and submit to the Board of Selectmen
an Annual Report for the activities of the proceeding year. The Annual Report shall highlight the
activities of the Board in a general manner and cite general trends. It shall give a summary in
statistical format of the Board's activities and decisions.
Filed with Town Clerk:
Signature of Clerk:
Eastham Planning Board-Rules and Regulations
Page 4 of 4
HOLYOKE PLANNING BOARD
OPERATIONAL RULES & REGULATIONS
(APPROVED 12/11/06)
INTRODUCTION
Every planning board should function according to a set of regulations duly adopted and
made a part of the planning board's records. The planning board is a legally constituted
body with important powers and duties which must be performed in a manner that will
not detract from the dignity and stature of the board and its planning program.
Therefore, the Holyoke Planning Board has adopted the following regulations and
appended several other appropriate documents in order to describe and guide it, and
the general public, in the carrying out of its assigned work and duties.
ARTICLE I
PURPOSE AND AUTHORIZATION
1. The objectives and purposes of the planning board of the City of Holyoke are those
set forth in Chapters 41 and 40A of the General Laws regarding planning, subdivision
control and zoning.
2. Those additional powers and duties delegated to the Board by other statutes and by
local laws include:
a. (5.4.1) Special Permits for Multiple Principal Structures on a lot
b. (6.1.7) Special Permits for a Reduction in Parking Requirements
c. (6.4.4.3) Special Permits for an increase in size of Signs allowed
d. (7.4.6) Special Permit for a Multi-family Structure or development
e. (7.5.3) Special Permits for Flexible Development subdivisions
f. (8.2.3) Special Permit for Water Resource Protection Overlay District
g. (8.3.2.2) Special Permit Reduced Setbacks in a Shopping Center Zone
h. (8.8.4) Special Permit for the Downtown Residential for lot size
i. (10.0) *Site Plan Review
*not a Special Permit but follows Special Permit rules.
ARTICLE II
OFFICIAL NAME
The Board shall be known as the "HOLYOKE PLANNING BOARD," the agency's official
name.
1
ARTICLE III
OFFICE AND RECORDS
The office of the Holyoke Planning Board shall be at One Court Plaza, Holyoke, MA
01040, the Holyoke Office of Planning & Development, where all the Board records are
to be kept. Copies of all official documents, records, maps, etc. will be filed or recorded
in the office of the City Clerk, or with the Hampden County Registry of Deeds, if required
by appropriate laws.
ARTICLE IV
MEMBERSHIP
The membership and terms of office shall be as specified in the above-stated General
Laws authorizing the establishment of a Planning Board (Chap. 41). The Holyoke
Planning Board shall consist of 5 members, and one Associate Member appointed by
the Mayor for staggered 5 year terms. The Associate Member shall only be authorized
to vote on Special Permit Applications. Members may be re-appointed for additional
terms as they comply with the interview process.
ARTICLE V
OFFICERS AND THEIR DUTIES
Section 1 - The officers of the Holyoke Planning Board shall consist of a Chairman,
Vice-Chairman, and a Secretary.
Section 2 - The Chairman shall preside at all meetings and hearings of the Planning
Board and shall have the duties normally conferred by parliamentary usage on such
officers. The Chairman shall have the authority to appoint committees, call regular and
special meetings, and generally perform other duties as may be prescribed by these
regulations.
Section 3 - The Chairman shall be one of the Planning Board members. He/she shall
have the privilege of discussing all matters before the Board and of voting thereon.
Section 4 - The Vice-Chairman shall act for the Chairman in his/her absence, and have
the authority to perform the duties prescribed for that office. He/she shall be a Planning
Board member.
Section 5 - The Secretary shall keep the minutes and records of the Planning Board
with Planning Board Staff assistance. The Secretary shall be one of the Planning Board
members. Meeting tape recordings shall be retained for 7 years.
2
ARTICLE VI
ELECTION OF OFFICERS
Section 1 - An annual organization meeting shall be held on or about the fourth Tuesda
of September, at which time officers shall be elected, and these regulations shall be
reviewed for corrections and improvements. These actions shall be made a part of the
minutes of the annual meeting. At least 3 members must be present before the election
of officers can take place.
Section 2 - Nominations shall be made from the floor at the annual organization meeting
and election of officers shall follow immediately thereafter.
Section 3 - The candidate receiving a majority vote from the entire membership of the
Planning Board shall be declared elected and shall serve for one year, or until his/her
successor shall take office.
Section 4 - No Chairman shall serve more than 2 consecutive terms. The preferred
practice of the Board shall be to rotate elected officers (Chairman to member, Vice-
Chairman to Chairman and Secretary to Vice-Chairman).
Section 5 - Vacancies in membership shall be filled by regular appointment procedure
as stipulated by the Mayor.
Section 6 - In accordance with G.L. Ch. 41 §81-P, the Planning Board may authorize
any person, rather than a majority of the Board, to endorse on a plan the approval of the
Board or to make any other certificate under the Subdivision Control Law. The Board
shall transmit a written statement, signed by a majority of the Board, giving the name of
the person(s) so authorized, to the Register of Deeds and the Recorder of the Land
Court.
Section 7 - Resignations from the Planning Board shall be in written form and
transmitted to the Mayor and to the Chairman, for action to find a suitable replacement.
Section 8 - A 213 majority of the sitting members of the Planning Board may, at any
time, with due cause, vote "no confidence" in any sitting Board officer. If the officer
receives a "no confidence" vote, a new election for his/her post will be held. If, as an
outcome of the election, the officer is replaced, the new officer will fulfill the remainder of
the outgoing officers term.
3
ARTICLE VII
MEETINGS
Section 1 - Regular meetins will be held on the second and fourth Tuesdays of each
month at 6:30 p.m. in the 4t Floor Conference Room of the City Hall Annex, and at
such other times and places as the Planning Board may designate, due to special
reasons. The Planning Board Staff shall notify all members of the Board in writing,
email and/or by telephone not less than 48 hours in advance of such meeting, and post
notice in compliance with the Open Meeting Law. To accomplish this, agendas and
other meeting materials will be delivered to the Planning Board no later than Friday,for
the Tuesday meeting following. Meetings may be canceled by the Chairman due to
insufficient agenda, inclement weather, or lack of a quorum. Room locations may also
be changed by the Chairman. In the event of a conflict with a holiday, Election Day, or
other events, a majority of members at any meeting may change the date and location
of the next meeting. The Planning Board Staff shall notify the membership of the
change not less than 48 hours in advance of each meeting by written communication or
telephone.
Section 2 - Board Members shall come to a meeting prepared to review applications or
to make informed decisions on matters before the Board. In order to assist members,
Planning Board Staff will make the office and records available. Planning Board Staff
shall prepare and mail an agenda to each member of the Board, together with
appropriate explanatory notes and copies of correspondence and/or other material
relevant to the agenda on the Friday preceding the meeting, if available.
Section'3 - A majority of the voting membership (3) of the Planning Board shall
constitute a "quorum," and the number of votes necessary to transact business shall be
a majority of those present and voting, except as otherwise provided by statute. Notice
of a meeting shall specify the purpose of each meeting and no other business may be
considered except by the unanimous consent of the Board.
Section 4 - All Planning Board meetings shall be open to the public when in session.
Executive Sessions may be held upon an affirmative roll call vote of 2/3 of the members
of the Board that are present and voting, taken at the public meeting, stating the
reasons for the executive session, as defined in G.L. Ch, 39. Executive session may be
held only for the purpose of discussing, deliberating, or voting on those matters which
by general or special statute, or federal grant-in-aid requirements cannot be made
public, and those matters which if made public might adversely affect the public
security, the financial interest of the City, or the reputation of any person. Attendance
shall be taken at each meeting by the Planning Board Staff.
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ARTICLE VIII
ORDER OF BUSINESS
Section 1 - Unless otherwise determined by the Chairman, the order of business at a
regular meeting shall be:
a. Call to order
b. Any public hearing legally advertised for that date
c. Operational items
d. Project updates
e. Other business
f. Correspondence
g. Approval of minutes of previous meeting
h. Approval of Department Expenditure Sheet
i. Upcoming Meeting Schedule
j. Adjournment
Items for which there is public input shall be taken up first, whenever possible. The
Board will adjourn the meeting no later than 10:00 p.m., unless decided by a vote of the
majority of the Board.
Section 2 - A motion from the floor must be made and passed in order to dispense with
any item on the agenda, or change the order of business.
Section 3 - No "new business" submitted for action to the Planning Board shall be voted
upon unless it is submitted 5 days prior to a regular meeting date. No new information
shall be heard regarding Site Plan Review unless it has been submitted 3 days prior to
the scheduled meeting date. Provisions of this section may be waived by the
unanimous vote of the members who are present.
Section 4 - Proponents requesting public hearings or meetings before the Board shall
make an appointment with the Planning Board Staff prior to submission of applications.
A completed application and all required documentation, as outlined in the Site Plan
Rules and Regulations and Subdivision Regulations shall be submitted to the Board,
through the Planning Board Staff prior to meeting with the Board.
ARTICLE IX
PUBLIC HEARINGS & INFORMATIONAL MEETINGS
Section 1 - The Board may hold informational meetings, in addition to the required legal
public hearings, and/or meetings when it decides that such hearings and/or meetings
will be in the public interest.
Section 2 - All public hearings prescribed by law shall be held in accordance to the
requirements set forth for such hearings in:
G.L. Ch. 40A - Zoning
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G.L. Ch. 41 - Planning & Zoning
G.L. Ch. 39 §23b - Open Meeting Law
Other State Laws as appropriate
Section 3 - The matter before the Planning Board shall be presented in summary form
by a member of the Planning Board designated by the Chairman, or by a Planning
Board Staff member. Parties-in-interest shall have the privilege of the floor.
Section 4 - A stenographer shall take testimony, or it shall be recorded by a sound-
recording device at each legal public hearing in which the right to appeal lies to the
Superior Court. Proceedings of the hearing shall be incorporated into the minutes for all
the Planning Board meetings to be a permanent part of these records.
ARTICLE X
CONDUCT OF PUBLIC HEARING
Section 1 - The Chairman of the Planning Board shall preside at the public hearing. In
the event of his/her absence, the Vice Chairman or a duly appointed board member
shall act as presiding officer.
Section 2 - The Chairman shall read the legal advertisement and note the dates and
newspapers in which the advertisement appeared.
Section 3 - The Chairman shall describe the method of conduct of the hearing and the
rules of procedure in effect for the hearing. Comments shall be limited to the subject
advertised for hearing.
Section 4 - The Chairman shall first call for the proponents to make a presentation of
their project. The Chairman may allow questions by the Board first, then the public at
the end of the presentation.
Section 5 — The Chairman shall then allow those in favor of the project to speak,
followed by those opposed to the project. Both shall be given equal opportunity to
comment. The order is reversible or opportunities to speak may be alternated, the
discretion of the Board prevailing. Whichever the case may be, each group shall make
its presentation clearly and briefly.
Section 6 - It shall be made clear to the attendees that all questions and comments
must be directed through the Chairman.
Section 7 - All persons recognized shall approach the hearing table in order to facilitate
proper recording of comments. Before commenting on the matter before the hearing
each person shall give his/her name and address. The Chairman may rule redundant
statements out of order and may set a reasonable time limit on presentations. A "sign in
sheet" may be declared mandatory to allow persons to speak and use of a microphone
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may be mandatory.
Section 8 - The presiding officer shall assure an orderly hearing and shall take
necessary steps to maintain the order and decorum of the hearing at all times. The
presiding officer shall reserve the right to terminate the hearing in the event the
discussion becomes unruly, unmanageable, or of excessive length. Unruly and profane
and abusive language shall not be tolerated.
Section 9 - The hearing shall be conducted only for the purpose of taking testimony to
be considered in Board deliberations during the regular meeting of the Planning Board.
If a general consensus of the meeting is desired, the Board may provide properly
identified sheets on which the attendees may signify in writing their opinion as either in
favor or opposed to the question before the public hearing.
Section 10 - All expenses associated with any public hearing, as stated within the
Zoning Ordinance, in which the Board is required to hold by law, shall be bome by the
applicant.
ARTICLE XI
COMMITTEES
Section 1 - Standing Committees of the Planning Board may be appointed at any
regular meeting, (following that of the Board's election of officers,) by the Chairman.
The duties of each standing committee shall be described by the Board as the need for
such committee investigation arises.
Section 2 - Standing Committees shall be appointed for one year and shall consist of 3
members. Vacancies shall be filled immediately by the Chairman. The Chairman shall
terminate the Standing Committee once it has performed its functions and has reported
to the Planning Board.
Section 3 - Special Committees may be appointed by the Chairman for purposes and
terms which the Board approves.
ARTICLE XII
AN N UAL REPORT
The Planning Board Staff shall draft the Annual Report per the fiscal year, and submit it
to the Board for their review and approval by the Annual Meeting, The Annual Report of
the Board shall be submitted to the City Council and Mayor by September 30t".
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ARTICLE X111
PUBLIC RELATIONS
Section 1 - The Chairman, or a duly appointed Board member, and a member of the
Planning Board Staff shall act as public relations or publicity liaison for the Planning
Board. His/her duties include the preparation of all news releases to be distributed to
the communications media. All information shall reflect the general policies of the
majority of the Board as adopted. Where members speak as individuals they must
make it clear they are speaking for themselves only. The Board may censure any
member not making that distinction.
Section 2 - All meetings of the Planning Board shall be posted 48 hours in advance of
the date and at the location provided by the City Clerk for such notices. Meeting notices
shall also be posted on the City's Website when available. All meetings shall follow
procedures outlined in the Open Meeting Law especially as regards "Executive
Sessions."
ARTICLE XIV
PLANNING BOARD STAFF
Section 1 - The Board shall budget for and hire a combination of full-time and part-time
staff to provide day to day department support.
Complete job descriptions on file in the Personnel Office
Section 2 —The Chairman shall be responsible for ensuring that the Director provide an
annual performance review for the Planning Board Staff.
Section 3 - All matters relating to the Planning Board Staff that require the Chairman's
approval shall be reviewed and discussed by the Board. These matters may include,
but are not limited to, step increases, performance reviews and reprimands.
AMENDMENTS
These regulations may be amended by majority vote of the entire voting membership of
the Planning Board, but only after the proposed amendment has been presented in
writing and discussed at the Board meeting.
ARTICLE XV
PROCEDURAL REQUIREMENTS
On all matter of parliamentary procedure not provided for in these rules or by law or
ordinance, Robert's Rules of Order shall govern.
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Attachment A
Votes Required For Approval
Minimum Number of Votes Time Limit Within Which to File a Decision
Application Type Required to Act Favorably
Site Plan 4 members Decision must be filed within 90 days after the
close of the Public Hearing.
Special Permit 4 members Decision must be filed within 90 days after the
close of the Public Hearing.
Minor Site Plan Change 3 members No specific time limit(not a Public Hearing)
Preliminary Subdivision 3 members Notice to City Clerk must be submitted within 45
days after the plan has been filed. (Time can be
mutually extended by the Board and the
Applicant. Plan is deemed approved if the
Board fails to act within the proper time limit
and notice to City Clerk and applicant.)
Definitive Subdivision 3 members Notice to City Clerk must be filed after 90 days
(Preliminary Plan)/135 days(No Preliminary
Plan). (Time can be mutually extended by the
Board and the Applicant. Plan is deemed
approved if the Board fails to act within the
proper time limit and notice to City Clerk and
applicant)
Subdivision Waivers 3 members
Zoning Amendment 3 members Recommendation must be submitted to City
Council prior to them taking action. If no
recommendation is filed,the City Council can
take action 21 days after the hearing.
Miscellaneous Decisions 3 members No specific Time limit.
(Acceptance/Release of
Bonds,Extensions of Time,
etc.
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Attachment B
Planning Board Fees
Application Fees:
ANR Fee: $50
Site Plan Review: $100
Subdivisions:
Preliminary $100
$10 per lot
Definitive $150
$20 per lot
Publication Fees:
Subdivision Regs. $20
Zoning Ordinance $20
Zoning Map $10
Master Plan
Open Space Plan
Maps:
Ward Map $5
Census Tract Map $5
Topographic Maps $5
Base Map $10
8.5X11 $5 + .50 per layer
11X17 $10 + .50 per layer
18X24 $15 + 1.00 per layer
24X36 $20 + 1.00 per layer
36X44 $25 + 1.00 per layer
CD-Rom of all public Holyoke GIS files $250
Mapping for City Depts. will be a free service as the Planning Department determines the
breadth and scope of work to be performed. If work should exceed reasonable time and
materials the Department may require Depts. to provide such materials as paper and/or
print/plotter cartridges.
Customized sizes will also be considered by the Planning Dept. and negotiated as such.
Mapping fees can go up to, but not exceed $75.00.
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