In accordance with the Town of Sturbridge Town Charter, the Planning Board consists of seven members that are appointed for five-year terms. The Town Administrator shall make appointments for the specified term, subject to the confirmation by a majority vote of the Board of Selectmen at a regularly scheduled meeting and administration of the oath of office by the Town Clerk.
A. 
Special permits. In the Town of Sturbridge, the Planning Board is the special permit granting authority for certain applications. Please refer to the Zoning Bylaw to determine the appropriate SPGA for your particular proposal.[1] Action on a special permit shall require a two-thirds vote of the Board. (MGL c. 40A, § 9)
[1]
Editor's Note: See Ch. 300, Zoning, of the Town bylaws.
B. 
Site plan approval. The majority of the entire membership of the Planning Board shall vote in the affirmative for a site plan to be approved.
C. 
Zoning amendments. The majority of the entire membership of the Planning Board shall concur on a report regarding a proposed adoption or amendment of a zoning bylaw. No zoning bylaw or amendment thereto shall be adopted or changed except by a two-thirds vote of a Town Meeting. No proposed zoning bylaw which has been unfavorably acted upon by Town Meeting shall be considered by Town Meeting unless the adoption of the proposed bylaw is recommended in the final report of the Planning Board. (MGL c. 40A, § 5)
D. 
Subdivision approval. Subdivision approval requires approval by the majority of the entire membership of the Planning Board. (MGL c. 41, § 81U)
E. 
Regular meeting. A quorum for a meeting of the Planning Board shall be a majority of the entire membership or four of seven members. No action of the Planning Board shall be valid and binding unless taken or ratified by an affirmative vote of the majority of the members attending the meeting.
The Town of Sturbridge has adopted the provisions of MGL c. 39, § 23D(a), which states "Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for one or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements."
The appropriate form for use by Board members can be found in Chapter 9 of these rules and regulations.
A. 
Zoning amendments: procedural steps for the adoption of zoning bylaw or amendment thereto.
(1) 
The proposed bylaw or amendment is submitted to the Selectmen. Such proposal may be submitted by:
(a) 
Board of Selectmen;
(b) 
Board of Appeals;
(c) 
Individual(s) owning land to be affected by change or adoption;
(d) 
Registered voters pursuant to MGL c. 39, § 10;
(e) 
Planning Board;
(f) 
Regional Planning Agency;
(g) 
Others, if so provided by the Sturbridge Municipal Charter.
(2) 
Within 14 days of receipt, the Selectmen shall submit the zoning proposal to the Planning Board for review, public hearing thereon and report. (MGL c. 40A, § 5)
(3) 
Notice.
(a) 
Notice of the public hearing shall be given and the notice of the public hearing shall be:
[1] 
Published in a newspaper of general circulation in the Town once in each of two successive weeks. The first publication shall not be less than 14 days before the day of the hearing. The date of the public hearing should not be counted in the 14 days.
[2] 
Posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of the hearing.
(b) 
The notice shall be mailed to the Central Massachusetts Regional Planning Commission, the Planning Boards of all abutting towns and the Department of Housing and Community Development by certified mail prior to the hearing.
(4) 
The notice of the public hearing shall include:
(a) 
The time, date and place of the hearing;
(b) 
The subject matter, sufficient for identification;
(c) 
The place where text and maps may be inspected.
(5) 
Within 65 calendar days after the zoning proposal is submitted to the Planning Board by the Board of Selectmen, the Planning Board shall hold its public hearing.
(6) 
The Planning Board shall submit its final report with recommendations to the Town Meeting. The report may be written or oral.
(7) 
The Town Meeting shall take action on the zoning proposal within six months of the Planning Board public hearing. If more than six months have passed, the Planning Board must hold a new public hearing before Town Meeting may lawfully vote on the proposal. (MGL c. 40A, § 5)
B. 
Special permit and site plan approval: procedural steps for a public hearing for a special permit and/or site plan approval.
(1) 
Applicant files a special permit in accordance with the filing requirements specified in this regulation and the Town of Sturbridge Zoning Bylaw.
(2) 
A special permit and/or site plan approval may not be issued until a public hearing is held. The public hearing must be held within 65 days from the date the application is filed.
(3) 
The notice of the public hearing shall include:
(a) 
The name of the applicant;
(b) 
A description of the area or premises, including street address, if any, or other adequate identification of the location;
(c) 
Date, time and place of hearing;
(d) 
The subject matter of the hearing; and
(e) 
The nature of the action requested.
(4) 
The notice of the public hearing shall be:
(a) 
Published in a newspaper of general circulation in the Town once in each of two successive weeks. The first publication shall not be less than 14 days before the day of the hearing. The date of the public hearing should not be counted in the 14 days.
(b) 
Posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of the hearing.
(c) 
The notice shall be mailed postage pre-paid to the applicant, abutters within 300 feet of all property lines, including abutters in another town and across a public or private street or way, and the Planning Board of all abutting towns. The notice shall also be mailed to other individuals, boards or agencies for review if required by the Zoning Bylaw.
(5) 
Within 90 calendar days or any extended time following the date of the public hearing, the special permit granting authority shall take final action.
(6) 
If the special permit granting authority fails to take final action within the ninety-day or extended time limit, the special permit shall be deemed granted.
(7) 
After the decision has been made, the special permit granting authority and/or their designee (employees) shall file a copy of the decision with the Town Clerk within 14 days from the date of decision by the special permit granting authority.
(8) 
A copy of the decision shall be maintained in the files of the office of the Planning Board and a copy shall be mailed to the applicant and any other person that so requested a copy at the public hearing. (MGL c. 40A, § 9)
C. 
Subdivision approval: procedural steps for a public hearing for a subdivision plan.
Note: This list is not an all-inclusive list of the steps involved in a subdivision approval. Be sure to consult the Subdivision Regulations of the Town of Sturbridge[1] and MGL c. 41, § 81K through § 81GG, for complete information.
(1) 
Applicant submits a preliminary or definitive subdivision plan in accordance with the filing requirements specified in this regulation and the Rules and Regulations Governing the Subdivision of Land, Sturbridge, Massachusetts.
(2) 
Final action may not be taken on a subdivision plan until a public hearing is held.
(3) 
The Planning Department reviews the plans and submits the plans for review to other departments as specified in the Rules and Regulations Governing the Subdivision of Land, Sturbridge, Massachusetts. The applicant sends notice of public hearing at its expense. The notice of the public hearing shall include:
(a) 
The name of the applicant;
(b) 
A description of the area or premises, including street address, if any, or other adequate identification of the location;
(c) 
Date, time and place of hearing;
(d) 
The subject matter of the hearing; and
(e) 
The nature of the action requested.
(4) 
The notice of the public hearing shall be:
(a) 
Published in a newspaper of general circulation in the Town once in each of two successive weeks. The first publication shall not be less than 14 days before the day of the hearing. The date of the public hearing should not be counted in the 14 days.
(b) 
Posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of the hearing.
(c) 
The notice shall be mailed postage pre-paid to the applicant, abutters within 300 feet of the property line, including abutters in another town and across a public or private street or way as shown on the most recent tax list, and the Planning Boards of all abutting towns. The notice shall also be mailed to other individuals, boards or agencies for review if required by the Subdivision Regulations.
(5) 
Within the time periods specified in the Town of Sturbridge Subdivision Regulations, other Town departments must report to the Planning Board.
(6) 
The Planning Board holds the public hearing on the subdivision plan. It is preferable to have reports of the other departments prior to holding the public hearing; however, the Planning Board will hold the public hearing in the time frames allowed by the MGL.
(7) 
After the public hearing, the Planning Board will make its decision. The time frames for decision are specified in the MGL. In the case of a preliminary subdivision plan, the Planning Board must notify the Town Clerk and the applicant within 45 days after the date of submission that the plan has been approved, or that the plan has been approved with modifications, or that the plan has been disapproved.
(8) 
A decision on a definitive plan must be made within 90 days in the case where a preliminary plan has been filed or within 135 days where a preliminary plan has not been filed. The decision of the Planning Board will be to:
(a) 
Approve the plan if it complies with the Subdivision Control Law, the rules and regulations of the Planning Board and the recommendations of the Board of Health; or
(b) 
Modify and approve the plan if it does not so comply; or
(c) 
Disapprove the plan, stating in detail wherein the plan does not conform to the rules and regulations of the Planning Board or the recommendations of the Board of Health. Such disapproval shall be revoked if the plan is amended so that it conforms to the rules and regulations or recommendations. After a public hearing, the Planning Board shall approve the amended plan.
(9) 
If the Planning Board fails to take final action within the specified time periods, or further time as mutually agreed upon, the plan shall be deemed approved.
(10) 
After the decision has been made, the Planning Board and/or its designee (employees) shall file a copy of the decision with the Town Clerk within the specified time periods.
(11) 
A copy of the decision shall be maintained in the files of the office of the Planning Board and a copy shall be mailed to the applicant and any other person that so requested a copy at the public hearing. (MGL c. 81)
[1]
Editor's Note: See Ch. 350, Subdivision Regulations.
A. 
Annual reports. The Planning Board shall submit to the Board of Selectmen an annual report of activities for inclusion in the Annual Reports of the Town. The report shall be submitted on or before a date specified by the Board of Selectmen.
A. 
Planning Board records.
The Massachusetts Public Records Law [MGL c. 4, § 7(26)] provides right of access to public records, broadly defined to include all documentary materials except specific exemptions such as personnel and medical files, proposals and bids, and appraisals of property. The minutes, informational data, memoranda and circulating materials of any Town board are mostly all public information. Appendix B of this handbook contains the text of the Massachusetts Public Records Law.[1] The Town board should consult with the Town Clerk if questions arise or a request made under the freedom of information occurs.
Every person having custody of any public record shall at reasonable times and without unreasonable delay permit the requested record to be inspected and examined by any person. Within 10 days following a request for inspection or a copy of a public record, a custodian of a public record shall comply with such request or respond to the requesting party regarding the cost and time frame of availability of the requested material.
[1]
Editor's Note: Appendix B is on file in the Town offices.
B. 
Access to public records. To meet the intent of the Massachusetts Public Records Law, the following set of protocols is designed to guide the Planning Board and staff in providing public access to municipal records.
C. 
Public records requests.
(1) 
The individual seeking a public record relating to the Planning Board shall make the request to the Planning Department.
(2) 
Planning Department staff will verify that the Planning Board is actually the custodian of the record being requested.
(3) 
The staff of the Planning Department shall make arrangements with the requester for the opportunity to inspect and/or receive copies of the requested materials.
D. 
"Active" public records of the Planning Board.
(1) 
The individual seeking a public record relating to the Planning Board shall phone, email or visit the Planning Department in person or complete a Public Records Request Form on the Town website to request to review the public records.
(2) 
The Planning Department staff shall make arrangements with the requestor for the opportunity to inspect and/or receive copies of the requested materials.
E. 
Public records maintained by the Planning Board office. The following is a list of some of the public records kept by the Planning Board office:
(1) 
Special permits.
(2) 
Subdivision plans.
(3) 
Subdivision approval not required plans.
(4) 
Planning Board minutes.
(5) 
Master Plan.
(6) 
Official Map.
(7) 
Zoning Map.
(8) 
Overlay maps.
(9) 
GIS data.
(10) 
Rules and regulations.
(11) 
Zoning Bylaw.
(12) 
Subdivision Regulations.
(13) 
Zoning amendments.
(14) 
Zoning Board of Appeals minutes.
(15) 
Other studies and reports as may be prepared by the Board and staff.