New Massachusetts Law Allows Consolidation of Certain Planning Board Hearings

Beveridge & Diamond, P.C. - Massachusetts Environmental, Land Use and Real Estate Alert, 2008

On August 11, 2008, Governor Deval Patrick signed a law that will help simplify the subdivision approval process in municipalities where the planning board also serves as the special permit granting authority.  Chapter 239 of the Acts of 2008 amends both the Zoning Act and the Subdivision Control Law to provide that the planning board may hold a single consolidated public hearing to review a subdivision plan which requires a special permit in addition to the subdivision plan approval.  Only one advertisement noticing that hearing is required.

Section 11 of the Chapter 40A, the Zoning Act, requires a special permit granting authority to hold a public hearing prior to the issuance of a special permit, and Section 81T of Chapter 41, the Subdivision Control Law, requires a local planning board to hold a hearing prior to approving or disapproving a subdivision plan.  Prior to the recent amendment, state law included no provision for a planning board acting as the special permit granting authority to hold a single consolidated hearing. The new amendment allows a planning board to consolidate the hearings thereby streamlining the process. 

For further information, contact Brian C. Levey at blevey@bdlaw.com or Krista L. Hawley at khawley@bdlaw.com.