Town of Lancaster, MA Article III Hearings

§ 302-22 Notice.

A. Notice of public hearing shall be published in a newspaper of general circulation in Lancaster once a week for two consecutive weeks. The first publication shall not be less than 14 days before the day of the hearing. In addition, a copy of the notice shall be posted in a conspicuous place in Town Hall for a period of not less than 14 days before the day of the hearing. A copy of the notice shall also be sent by mail, postage prepaid, at least 14 days before the hearing to all parties in interest.

B. The public hearing notice shall contain the name of the applicant, appellant or petitioner; a description of the land affected with street address or other means of identification of the property affected; the date, time and place of the public hearing; the subject matter of the hearing; and the nature of the permit or relief requested.

§ 302-23 Hearings open to public.

All hearings shall be open to the public. No person shall be excluded unless he or she is deemed to constitute a hindrance to the proper performance of the duties of the Board.

§ 302-24 Representation.

An applicant may appear personally and/or with representation by a duly authorized attorney or agent. In the event of the unexcused absence of the applicant or his representative at any hearing upon the matter, the Board may issue a decision upon the matter based upon all information submitted and available to it.

§ 302-25 Order of business and conduct of hearing.

A. The Chairman shall call the hearing to order and read the notice of hearing as published.

B. The Chairman may request interested parties to register their attendance on a log or attendance sheet.

C. The applicant, appellant or petitioner shall present its case to the Board, including the submission of documentary evidence, oral evidence or other matters which it desires the Board to consider, including exhibits, documents, charts, plans, models, displays, video or photographic presentations, etc. Normally, the proponent will be allowed to complete its presentation before the Board will entertain public comment or evidence from other parties. The Chairman may alter the order of presentation where the interests of clarity or circumstances warrant.

D. Members of the Board may direct appropriate questions to any party, witness or speaker during the hearing.

E. Representatives of any department, board or agency of the Town shall be afforded an opportunity to be heard.

F. Parties in interest shall be afforded an opportunity to be heard.

G. The proponent may rebut matters raised by any opponent.

H. The Chairman shall have the right to limit the length of oral presentations, to limit or exclude repetitive or immaterial argument or evidence and shall require that any questions addressed to the proponent be directed through the Chairman.

I. All exhibits submitted for consideration shall be retained by the Board and may be appropriately marked or numbered.

J. Board members may request additional information and the Board may, by majority vote, continue a hearing to a date certain to enable a proponent or party in interest to present further evidence.

K. In the event of adjournment of any session of a public hearing to a date and time announced at the time of adjournment, no further notice other than posting of the meeting pursuant to the Open Meeting Law[1] shall be required.

[1] Editor's Note: See MGL c. 39, § 23B.

L. The length of each session shall be determined by the Chairman.

M. Upon the conclusion of the presentation of evidence and argument by the applicant and other interested parties, the hearing shall be declared closed. The Board shall publicly deliberate and render a decision by vote at a public meeting on or before the deadline for such decision as required by law. If requested the Chairman shall announce the date by which its decision must be rendered and filed with the Town Clerk.

N. During deliberations the Board may request additional information or clarification of evidence from interested parties or Town officials, including opinions from Town Counsel.

O. The Board may individually or collectively conduct any view or inspection of the premises, which it deems necessary or desirable prior to rendering its decision. Views shall be conducted in the presence of or upon agreement of the property owner if presence on privately owned property is required for conduct of the view.

§ 302-26 Withdrawal.

Any appeal, application or petition may be withdrawn without prejudice at any time prior to the publication and mailing of notice of the hearing. Thereafter, the Board may, by majority vote, upon the proponent's request, grant leave to withdraw without prejudice at any time prior to a final, unfavorable decision upon the matter.