A.
Under Massachusetts General Laws MGL Chapter 41, Sections 81A through
81GG and Chapter 40A, the Planning Board is responsible for long-range
planning, holding public hearings on zoning bylaw proposals and subdivision
administration for the purpose of:
(1)
Maintaining orderly growth, protection from unsuitable development
and overcrowding.
(2)
Preserving clean water and air.
(3)
Preserving and increasing the value of land and buildings.
(4)
Providing for the availability and affordability of housing.
(5)
Conserving natural conditions, open space, historical and cultural
resources.
B.
To execute its responsibilities, the Planning Board is responsible
for the development and maintenance of a number of planning tools
and activities, which include:
C.
This chapter sets forth the rules and regulations that govern the
procedures and operations of the Planning Board and prescribes the
procedures for submitting plans and applications to the Board. This
chapter is intended to serve the general public and to educate new
Board members by describing the Board's powers, duties and mode
of operation.
D.
This chapter also specifies the Board's organization and describes
procedures for the most frequent functions performed by the Board:
(1)
Acting on "approval not required" (ANR) plans.
(2)
Acting on subdivision applications.
(3)
Acting on special permit applications.
(4)
Reviewing and acting on site plan review applications.
(5)
Acting on scenic road consent applications.
(6)
Proposing, hearing and making recommendations relative to Protective
Bylaw amendments.
E.
Any person or entity applying for a special permit, subdivision plan
approval, "approval not required" plan endorsement, site plan review
approval, scenic road consent or amendment thereto, under the Protective
Bylaw, whether or not such person is governed by any other federal,
state, or local permits, variances, approvals, or programs, shall
comply with the provisions of this chapter.
A.
This chapter is adopted by the Harvard Planning Board as authorized by Massachusetts General Laws Chapter 40A, Section 9 and Chapter 41, Section 81Q and the Code of the Town of Harvard Protective Bylaw, Chapter 125, as amended.
B.
This chapter is intended to establish uniform procedures through which the Planning Board will conduct business under its jurisdiction by virtue of the applicable provisions of the Zoning Act and the Harvard Protective Bylaw. This document is not intended to supersede any requirements set forth in § 133-2A.
C.
The Planning Board was established pursuant to MGL Chapter 41, Section 81A et seq. Its powers and duties are set forth therein. Additional responsibilities are set forth in The Zoning Act, MGL Chapter 40A, the Scenic Roads Act, MGL Chapter 40, Section 15C, and in the Town of Harvard Protective Bylaw, Chapter 125.
D.
This chapter may be amended by a majority vote of the Planning Board.
Prior to taking a vote on an amendment, the Planning Board shall have
a duly advertised public hearing on the proposed change(s), notice
of which is posted for at least 14 days in a conspicuous place in
Town Hall, is posed on the Town's website, and is published at
least once, not less than 14 days prior to the time specified for
the hearing, in a newspaper of general circulation within the Town.
Any such amendments shall take effect upon the filing of notice thereof
in the office of the Town Clerk.
A.
The Planning Board is available for consultation prior to the filing
of an application to help ensure that an application will contain
the information that the Planning Board requires in order to deliberate
to a decision on an application. Any advice, opinion, or information
given during a consultation by a Planning Board member, or by any
agency, official, or employee of the Town, shall be considered advisory
only and shall not be binding as to any official Planning Board decision
or action.
B.
The Planning Board will review preliminary materials in an attempt
to avoid unnecessary technical deficiencies in the application to
be filed and to promote efficiency in the formal review and hearing
process. The Board will not be responsible for assuring the accuracy,
correctness or thoroughness of any application submitted for review.
It is the responsibility of the applicant to ensure that any application
to the Planning Board is thorough, complete and accurate. Any incomplete
application may result in a denial of such application on the grounds
of being an incomplete application.
C.
At least two copies of all materials to be reviewed shall be provided
to the Planning Board, along with a letter requesting such a review
and including the name, address, and phone number of a person who
may be contacted concerning the review. All correspondence and communication
must be sent through the office of the Planning Board at least 14
days prior to the proposed meeting date for review.
In this chapter the following terms shall have the following
meanings:
Any person or such person's authorized representative
who files an application for a special permit, site plan review, subdivision
plan approval, scenic road consent or an approval not required plan
under the Bylaw or Subdivision Control Law.
All plans, forms, reports, studies or other documents which
are required by the Planning Board and submitted to the Board for
consideration under this chapter by an applicant.
Harvard Planning Board as designated by and indicated in
the Protective Bylaw.
The Protective Bylaw, Chapter 125 of the Code of the Town of Harvard, as amended.
Code of the Town of Harvard, Part I, General Bylaws.
Town of Harvard Zoning Map included in the Protective Bylaw, Chapter 125.
Massachusetts General Laws.
The applicant; abutters; owners of land directly opposite
on any private or public street or way; and abutters to the abutters
within 300 feet of the property line of the applicant as they appear
on the most recent applicable tax list, notwithstanding that the land
of any such owner is located in another city or town; the Harvard
Planning Board; and the Planning Board of every abutting city or town.
A special permit or site plan approval under the Protective
Bylaw, as amended.
Chapter 133, Planning Board Procedural Rules and Regulations, as presented herein and subsequently modified hereafter.
Massachusetts General Law, Chapter 41, Sections 81K through
81GG.
The Rules and Regulations Governing the Subdivision of Land in Harvard, Code of the Town of Harvard Chapter 130, as amended.
Massachusetts General Laws Chapter 40A, as amended.
The Town of Harvard.
A.
Members. The Board shall consist of five elected members. The Board,
when acting as the special permit granting authority, may also have
one Associate Member, who may have the authority of a full member
in the case that he/she is needed to deliberate on a special permit
hearing, and in administrative matters. Upon the recommendation of
the Planning Board and the Board of Selectmen,[1] the Board may, in a joint meeting, appoint an Associate
Member for a period of one year. The members of the Planning Board
shall elect annually from themselves all officers of the Board, to
include a Chair, Vice Chair, and Clerk, and liaisons to other boards.
Any officer or liaison of the Board can be removed from office by
a simple majority vote of the members.
[1]
Editor's Note: Now "Select Board."
B.
The Chair.
(1)
The Chair shall vote and be recorded on all matters coming before
the Board. Subject to these Rules, he/she shall decide all points
of order, unless overruled by a majority of the Board in session at
the time. The Chair shall preside over meetings, and it shall be the
primary responsibility of the Chair to ensure that the discussion
of issues is conducted fairly and openly in accordance with the Rules.
It shall be the responsibility of the Chair to ensure that there is
a pre-established agenda prior to all meetings, that all members are
provided with this agenda prior to any meeting, and the agenda is
followed during the conduct of the meeting. The Chair, with a simple
majority approval of the Board, shall appoint such committees as may
be found necessary or desirable. The Chair may, subject to appropriation
and a simple majority approval of the Board, employ experts, clerks
and other assistants.
(2)
In addition to the powers granted by the General Laws of the Commonwealth
of Massachusetts and the Protective Bylaw of the Town of Harvard,
and subject to these Rules and further instructions of the Board,
the Chair shall transact the official business of the Board and supervise
the work of experts, clerks and other assistants employed by the Board
or the Town to support the Board, such as the Board's Administrator
and/or Town Planner. The Chair may call upon an Associate Member to
sit on the Board for the purpose of acting on a special permit application
in the case of absence, an inability to act, or conflict of interest
on the part of any member of the Board or in the event of a vacancy
on the Board.
(3)
The Chair shall at each meeting report the official transactions
that have not otherwise come to the attention of the Board.
C.
Vice Chair. The Vice Chair shall act as Chair if the Chair is absent
or unable to perform the duties of the Chair. If both the Chair and
the Vice Chair are absent, the Clerk shall act as the Chair and appoint
an Acting Clerk.
D.
Clerk. The Clerk shall keep a record of all hearings and meetings
of the Board. If the Clerk is not present at any such meeting or hearing,
a temporary Clerk shall be appointed to perform the duties of the
Clerk at such meeting or hearing. The Chair may delegate to the Board's
Administrator the responsibility of keeping the records of the meetings
or, in the absence of the Clerk, the Chair or Vice Chair may assign
a member of the Planning Board as the Clerk.
E.
Associate Member. The Associate Member of the Board may attend all
Board meetings, participate in discussions, and, at the designation
of the Chair, may act as a regular member of the Board on administrative
matters, including but not limited to providing a quorum in discussion
of agenda items, approving minutes, making motions and voting on other
administrative tasks. The Associate Member may not act in lieu of
a regular elected or appointed Board member on any nonadministrative
issues, such as site plans and land division plans, which require
a majority of the Board. The Chair may designate the Associate Member
to sit on the Board for the purpose of acting on a special permit
application, which requires a super-majority, in the case of absence,
inability to act, or conflict of interest on the part of any member
of the Board or in the event of a vacancy on the Board.
F.
Liaisons to other boards.
(1)
The primary role of a liaison is to facilitate communication between
the Planning Board and other committees. Planning Board liaisons represent
the full Planning Board in interacting with such committees and facilitate
dialogue between the committee and the Planning Board.
(2)
Liaisons should strive to attend all regular meetings of the committee
to which they have been assigned. In the event a liaison has difficulty
attending, the liaison should find an alternate to attend, or review
the record of the proceeding. In the event of a continuing scheduling
conflict, the liaison should ask the Chair to be reassigned.
(3)
Liaisons will periodically report to the entire Board on significant
and important activities of each committee to which they have been
assigned. The liaison shall carry back comments of the Planning Board
and report to that committee on significant and important activities
of the Planning Board.
G.
Quorum. Three members shall constitute a quorum for normal business.
Four members shall constitute a quorum for acting on special permit
applications and other matters that require a supermajority.
H.
Meetings.
(1)
Unless the Board votes to go into executive session, all meetings,
both regular and special, shall be open to the public in accordance
with MGL Chapter 30A, Sections 18 through 25. Unless an emergency
exists, an agenda of each Board meeting shall be posted on the municipal
website (www.harvard-ma.gov) and in the Town Clerk's office at
least 48 hours, excluding Saturdays, Sundays and legal holidays, prior
to such meetings.
(2)
All decisions and votes taken by the Board shall take place at meetings.
(3)
All meetings, although open to the public, are not all public hearings.
The Board will seek information or testimony from the public as it
deems necessary. The Chair may rule unsolicited comments from the
public out of order.
(4)
Where possible, a draft of the meeting's minutes shall be transmitted
to members of the Board for their review within a reasonable amount
of time after the meeting and made available to the public upon written
request in accordance with the Public Records Law.
I.
Regular meetings.
(1)
Regular meetings of the Board are normally held at 7:00 p.m. on the
first and third Monday of each month at the Town Hall Meeting Room.
If a regular meeting day falls on a holiday or any day of national,
state, or municipal election or caucus or primary or is in conflict
with a session of Town Meeting, the regular meeting will be cancelled
and instead a special meeting will be held at some proximate and advertised
time and place.
(2)
The Chair, or his/her designee, shall draw up the agenda for regular
meetings. Members may present items of general interest to the Board
for consideration at future meetings.
J.
Special meetings. The Board Chair, or at least two members, may call
special meetings. Notice, either written or verbal, thereof shall
be given to each member at least 48 hours before the time set, or
notice at any meeting attended by all members shall suffice. An agenda
shall be posted on the municipal website (www.harvard-ma.gov) at least
48 hours, excluding Saturdays, Sundays and legal holidays, prior to
such meetings.
K.
Executive sessions. The Board may meet in executive session at the
suggestion of the Chair following a roll call vote affirming the suggestion
by a simple majority in open session.
A.
Strict compliance with this chapter may be waived when, in the opinion
of the Board, such waiver is in the public interest and is consistent
with state law and the intent and purpose of the Bylaw and this chapter.
B.
If a waiver to a filing requirement is being requested, a written
request for such waiver shall be made at the time of filing. If an
oral request is made at a hearing or meeting, it shall be reduced
to and submitted as a written request by the applicant. Any request
from an applicant for a waiver from these Rules must be submitted,
in writing, to the Board prior to the close of the public hearing.
Any request for a waiver from the requirements of this chapter must
clearly identify the provision or provisions of this chapter from
which relief is sought, and such request must be accompanied by a
statement setting forth the reason or reasons why, in the applicant's
opinion, the granting of such a waiver would be in the public interest
and consistent with state law and the intent and purpose of the Bylaw
and this chapter.
C.
If a requested waiver is not granted, the time for the submission
of the required material or information shall be set by the Board
and said material or information shall be received prior to the close
of the public hearing. If an extension of the time for conducting
the public hearing or rendering a decision is necessary for consideration
of this additional material or information, and such extension is
not granted by the applicant upon request of the Board, such refusal
may be grounds for denial of the special permit or site plan approval.
Copies of this chapter shall be publicly available online and
for purchase from the Harvard Land Use Boards, 13 Ayer Road, Harvard,
MA 01451, for the price of $7 in the form of cash or a check made
out to the Town of Harvard.
