[HISTORY: Adopted by the Planning Board of the Town of Longmeadow 5-3-2007. Amendments noted where applicable.]
A.
These rules and regulations 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.
[Amended 9-7-2022]
B.
For any item of parliamentary procedure not governed by these rules
or by appropriate laws, the provisions of Robert's Rules of Order
(Revised) will govern.
A.
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-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 after the Annual Town Election.
[Amended 2-16-2011]
(4)
A Planning Board member may serve as Chair or Clerk for three 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
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.
B.
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.
C.
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.
D.
Planning Board appointments.
(1)
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 Select Board.
(2)
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 year.
E.
Relationship to the Planning and Community Development Director.
The Planning and Community Development Director serves in an advisory
capacity to the Planning Board, and shall provide the following services
to the Board:
[Added 12-6-2023]
(1)
Educate and assist the public with interpretation of relevant bylaws
and regulations governing land use;
(2)
Provision of technical assistance as needed;
(3)
Coordination of departmental review of applications;
(4)
Facilitation of preliminary meetings with developers, property owners,
and residents prior to the filing of an application with the Board;
(5)
Management of record keeping of the Planning Board meeting minutes,
applications, and decisions;
(6)
Researching planning and land use decisions; and
(7)
Implementation of land use decisions and regulations in coordination
with Town staff.
[Amended 9-7-2022; 12-6-2023]
A.
Notice of Board meetings.
(1)
Agendas for the Board meetings shall be prepared by the Chair of
the Board with support from the Planning and Community Development
Department. All agenda items shall be submitted to the Office of Planning
and Community Development no later than seven business days prior
to the meeting for inclusion on the agenda; provided, however, that
adjustments to the agenda may be made as needed up to 48 hours prior
to such meeting, and in the event of an emergency, agenda items may
be added after such forty-eight-hour period.
(2)
The agenda for the meetings shall be filed with the Town Clerk and
publicly posted in Town Hall and on the Town's website at least
48 hours, not including Sundays or legal holidays, prior to such meetings.
(3)
To the extent feasible, all documents being used as part of the posted
meeting must be distributed in advance of the meeting. At meetings
where documents are presented for the first time at the meeting, remote
participants must have the ability to view those documents during
the meeting, either through remote video connections or by distribution
via email or link while the meeting is in progress. If Planning Board
members who are participating remotely are unable to have access to
documents or exhibits introduced at the meeting, or if new information
is presented for the first time at the meeting, the Planning Board
may decide not to act on that issue during that meeting, subject to
deadlines for action.
B.
Notice of public hearings.
(1)
All hearings shall be open to the public. The applicant may appear
on their 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 generally 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
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 MGL c. 40A and c. 41 or any other applicable statute. A copy of
the notice shall be sent by mail, in a timely manner prior to the
date of the hearing, postage prepaid, to the applicant or petitioner,
to parties in interest as defined in MGL c. 40A and c. 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 c. 40A and c. 41 shall be
filed with the Town Clerk and posted in accordance with applicable
law.
D.
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.
E.
Emergency meetings. Emergency meetings (same as special meetings,
but without the ability to give 48 hours' notice) may be called
by the Chair as may be allowed under the Open Meeting Law; however,
any action taken at an emergency meeting shall be addressed and, where
applicable, confirmed at the next regular meeting.
F.
Subcommittee meetings. Subcommittee meetings are required to be posted
and shall be open to the public.
G.
Miscellaneous/workshop meetings. The Planning Board may also hold
other types of public meetings, information sessions, and workshops
in which the public is invited to participate.
H.
Public participation during meetings.
(1)
During a regular meeting, members of the general public will only
be allowed to address the Board upon the invitation or permission
of the Chair or upon consent of the Board, through a formal vote.
(2)
If the Chair determines that a meeting or public hearing is becoming
too disorderly to properly conduct business, they may take any legal
action to restore order or request a motion for a recess. In addition,
the Chair may eject unruly members of the audience pursuant to the
General Laws.
I.
Calling of public hearings. Public hearings will be conducted:
(1)
For any special permit and/or site and design approval application
before the Planning Board;
(2)
For any definitive subdivision application before the Planning Board;
(3)
Prior to the adoption of any master plan or plan element;
(4)
Prior to adoption or amendments to the Subdivision of Land Rules
and Regulations, Zoning Bylaw or Map, or other code as mandated by
Massachusetts General Laws (MGL);
(5)
For any other action for which the Planning Board determines a public
hearing will be useful.
J.
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 govern them.
(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 or their designee 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 any new or changed information pertinent
to the subject.
(d)
The principal proponent or project staff person will then be
asked to make a presentation regarding the matter.
(e)
Other persons supporting the position of the proponents will
then be allowed to address the Board 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 approved by a majority of the quorum,
may subsequently move to deny the request made by the applicant, 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 facts of their opposition and to present such supportive
information 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 representative to respond to any issues/questions
raised by the opponents. The Chair will then read into the record
or summarize letters and other correspondence or reports 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, provided that 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 to the Planning Board either prior
to the public hearing or at the public hearing, provided that the
Board may not address information received in a timely manner prior
to a hearing session.
K.
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.
L.
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
any application. The applicant will be notified of the site visit.
A.
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[1] shall be considered a part of the application, and no
application shall be deemed complete unless said information and fees
are included.
B.
Filing.
[Amended 7-1-2015;3-7-2018; 12-6-2023]
(1)
Applications to the Board for site and design review shall be filed
with the Town Clerk by 12:00 noon on the weekday 20 business days
prior to the next scheduled meeting of the Planning Board. Sign applications
shall be filed no later than seven business days prior to an upcoming
meeting of the Board. Applicants should contact the Department of
Planning and Community Development for an anticipated meeting schedule
and to confirm any filing requirements or schedule. Subdivision Plans
shall be delivered at a meeting of the Board or sent by registered
mail to the Planning Board. In accordance with MGL c. 41, § 81O,
with the date of submission of the plan shall be the date of the Board
meeting if delivered at the meeting, or the date of receipt if mailed.
(2)
All required information and the filing fee(s) shall be submitted
at the time of filing unless waived by the Board. Acceptance of the
application and related materials by the Board shall not prevent the
Board from later determining that additional information is required
or from denying the application for being incomplete. The applicant
shall file forthwith, 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 application.
(3)
The required time limits for a public hearing and a decision of the
Board may be extended by written agreement between the applicant and
the Board. A copy of such agreement shall be filed in the office of
the Town Clerk by the Board.
D.
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.
[1]
In accordance with MGL c. 44, § 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.
[2]
The Board may engage attorneys, engineers, planners, landscape
architects, architects or other appropriate professionals.
(b)
Fee payment.
(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.
(e)
Failure to pay fee. Failure to pay a review fee by the applicant
shall be grounds for disapproval of the subject application.
(3)
Planning Board fee schedule. The following fees shall be assessed
for Planning Board filing and publications:
(a)
Preliminary subdivision plan: $100, plus $50 per lot.
(b)
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.
(c)
Approval not required: $200.
(d)
Site and design plan review: $500.
(e)
Waiver site and design plan review: $100.
[Amended 1-9-2009]
(f)
Sign bylaw application: $50.
(g)
Advertising and legal notices: $100.
(h)
Abutter notification: $5 per abutter.
E.
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 Commissioner, Conservation Commission, Historic District
Commission, Fire Chief, DPW, and the like. These boards shall have
45 days to submit their comments to the Planning Board.
[Amended 12-6-2023]
B.
C.
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 Code of the
Town of Longmeadow and Massachusetts General Laws.
(b)
Denial of the application based on either:
[1]
A finding that insufficient information was submitted with the
application in order for the Board to adequately review the proposal;
or
[2]
A determination, based on specific findings, that the project
does not meet the applicable sections of the Code of the Town of Longmeadow
and Massachusetts General Laws.
(c)
Approval of the application, subject to conditions, modifications
and reasonable restrictions necessary to ensure compliance with appropriate
sections of the Code of the Town of Longmeadow and Massachusetts General
Laws.
(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
90 days of the public hearing, unless extended by written agreement
with the applicant; said agreement shall be filed with the Town Clerk.
D.
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.
A.
These rules and regulations are hereby adopted May 3, 2007, by the
Planning Board.
B.
These rules and regulations 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 or emailed copies of
the proposal in the interim.
[Amended 9-7-2022]
C.
These rules and regulations shall be reviewed at the organizational
meeting each year.
