HomeMy Public PortalAboutPlanning Board Packet 10/11/23Town of Brewster Planning Board
Planning Board
Amanda Bebrin
Chair
Alexander
Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -
Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
AMENDED PLANNING BOARD MEETING AGENDA
2198 Main Street
October 11, 2023 at 6:30 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of
the members of the public body will attend the meeting in person and members of the public are welcome to attend in
person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance
with applicable law. Please note that while an option for remote attendance and/or participation is being provided
as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems
interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law.
Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its
representatives, should make plans for in -person vs. virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505.
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https: f us02web.zoom.usf if 84107781002?pwd=VTVSV1ExaUNCL253NmNZV21Gdmo4dz09
Passcode: 612505.
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in
the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast
live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma. syov),
or Video recording (tv.brewster-ma.gov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-ma.cov).
Please note that the Planning Board may take official action, including votes, on any item on this agenda.
Amended 10/06/23, to add new agenda item #7.
1. Call to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement.
4. Recording Statement. As required by the Open Meeting Law we are informing you
that the Town will be video and audio taping as well as broadcasting this public
meeting. In addition, if anyone else intends to either video or audio tape this
meeting they are required to inform the Chair.
5. Public Announcements and Comment. Members of the public may address the
Planning Board on matters not on the meeting's agenda for a maximum of 3-5
minutes at the Chair's discretion. The Planning Board will not reply to statements
made or answer questions raised during public comment but may add items
presented to a future agenda.
6. Special Permit and Site Plan Review Decision #2019-01 MOD1:
Applicant/Owner: Stephen Brown, Trustee of the Brown Realty Trust, through his
representative David Schlesinger, has requested an extension to Special Permit and
Site Plan Review Decision #2019-01 issued pursuant to Brewster Zoning Bylaw
Chapter 179-5E and 179-51. The special permit allows for the construction of a new
building containing retail and office uses at 2624 Main Street, Tax Map 89, Parcel 14.
The Planning Board will consider and potentially vote whether to approve the
extension request.
7. The Planning Board will review, discuss, and potentially vote whether to submit
written testimony in support of House Bill No. 3858, An Act Relative to
Incentivizing Multi -Family Housing through Redevelopment.
Planning Board
Amanda Bebrin
Chair
Alexander
Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -
Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
8. Approval of Meeting Minutes: September 27, 2023
9. Committee Reports.
10. For Your Information.
11. Matters Not Reasonably Anticipated by the Chair.
12. Next Meetings: October 25, 2023 and November 8, 2023.
13. Adjournment.
Date Posted: Date Revised:
10/05/23 10/06/23
Received by Town Clerk:
BREI.t15 FR TOOK
-3 OCT 92
SPECIAL PERMIT AND SITE PLAN REVIEW
DECISION #2019-01 MOD1
APPLICANT: STEPHEN BROWN, TRUSTEE OF
THE BROWN REALTY TRUST
PROPERTY: 2624 MAIN STREET
MEMORANDUM
Date: October 4, 2023
To: Planning Board
From: Town Planner
Re: PB#2019-01 MOD1, Special Permit/ Site Plan Approval Decision Extension Request
Owner/ Applicant: Stephen Brown, Trustee, Brown Realty Trust
David Schlesinger, Representative
Property: 2624 Main Street, East Brewster (Map 89 Parcel 14)
_____________________________________________________________________________________
The owner/ applicant, through his representative, has submitted a request to extend the above-referenced
decision, which permitted redevelopment of the property with a commercial building and associated site
improvements for retail and office uses.
The Brewster Zoning Bylaw provides that a special permit decision expires in two years if not exercised
or extended.
The decision has been extended once (for a one-year term) by the Planning Board and by virtue of state
law under the COVID-19 emergency declaration (additional 462-day extension). After the collective
extensions, the decision is now set to expire this month.
The standard to allow extension of a decision under the state zoning act (GL Ch. 40A, Section 9) is ‘for
good cause shown.’ Under state zoning law and the Brewster Zoning Bylaw, an extension request is
essentially handled as a decision modification.
In considering the extension, the zoning relative to the property is essentially the same as was in place
when the permit was granted, so allowing the proposed development under the terms and conditions of
the decision does not represent a departure from current zoning rules.
The Planning Board cannot extend at any one time for longer than the original permit term (2 years).
I’d recommend that the Planning Board inquire into the reasons why the decision has not yet been
exercised and why it should be extended, as well as the requested term of the extension. The Planning
Board may also want to consider whether it appears reasonably likely that the applicant (or successor) has
the resources and intends to exercise the permit or if it appears extension requests are likely to perpetually
return to the Board.
Town Of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x1150
Office of:
Planning Department
FOR TOWN OFFICIAL USE ONLY
TOWN CLERK RECEIVED:
Town of Brewster
Planning Board
Ch. 179 Application Cover Sheet
PERMIT NUMBER ASSIGNED:
Project Location:
S'f•
c '1 I/0 04431
Street Address
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Assessors -Ma p (s) and Parcel(s)
Zoning District(s)
Applica¶ii)
t:
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Name
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Mailing Address
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Phone Number
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Property Owner (if different than Applicant):
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Deed/ Title Reference
Email Address
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Name
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Mailing Address
Phone Number
Professional Representative:
Name
Email Address
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Mailing Address
Phone Number
Email Address
Brewster PB Application Cover Sheet Approved 05/10/2023 Page 1 of 2
Type of Application (Check as applicable):
Special Permit
(Zoning Bylaw Section 179-51 or list other or different Zoning Bylaw Sections, as applicable,
below)
Site Plan Review (Zoning Bylaw Section 179-63)
Decision Modification (Provide relevant case number/s below)
X Decision Extension (Provide relevant case number/s below)
Other (List Zoning Bylaw Section/s below)
Brief Project Description:
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Signatures
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Applicant
Date
Property Owner (if different than Applicant) Date
Professional Representativr`dsapplicable) Date
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If the Applicant is not the Owner, the Application materials shall include the Owner's written consent orA s -'cam cm, s 1
authorization to make application, or evidence that the Applicant's interest in the property is sufficient to make
application (e.g. lease, P&S Agreement, etc.).
The burden is on the applicant to provide accurate, sufficient and complete information in the application.
Attached is a checklist of materials and information required to be submitted for a complete application.
incompleteness could be cause for delays in review or denial of an application.
By making application, the Owner and Applicant hereby authorize the Planning Board and its agents to conduct site
visits, at reasonable times, to assist in review of the application.
Please refer to current Planning Board schedule for application filing deadlines and associated meeting dates. The
Board will make best efforts to work within this fling schedule but is not obligated to do so; the Board's review
timelines are established under the Brewster Code and Massachusetts General Laws. In its discretion, the Board
may agenda matters, which do not require public hearings, for the next available meeting even if received after the
respective filing deadline.
Submit to: Brewster Planning Department
Town Offices- 2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x 1133
brewplan@brewster-ma.gov
Brewster PB Application Cover Sheet
Approved 05/10/2023 Page 2 of 2
L nn St. C r
From: stephen brown <ginkgo2628@yahoo.com>
Sent: Tuesday, September 5, 2023 11:26 AM
To: Lynn St. Cyr; David Schlesinger
Cc: stephen brown
Subject: From stephen
Hi Lynn !
You are the only person at town hall that I miss 1 Hahaha
Davey says I need to send you a note saying that I approve of an extension of the Collaborative Health Center Plan that
was approved and extended until October . I am flying back from visiting my son and g'daughter in Colorado on
Thursday, so if I need to sign something I can do so on Friday or Monday.
TO whom it may concern,
The Planning Board has my permission to extend the approval previously granted for the construction of a Collaborative
Health Center at 2624 Main Street, Brewster.
Thank you— STEPHEN BROWN, 2624 Main St, Brewster, Ma.
1
tiLDi7 es'
000,
4/88/11111110
APPLICANT/OWNER:
LOCATION:
MAP/PARCEL:
APPLICATION FILED:
DECISION DATE:
Bk 32492 P38 :9266
11-22-2019 a 03 : "221
Town Of Brewster
Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
Special Permit & Site Plan Review Decision # 2019-01
Stephen Brown
2624 Main Stree
Assessors' Map -9'W, Lot 14
December 10, 2018
May 22"d, 2019 (Special Permit) & June 12th, 2019 (Site Plan)
APPLICATION:
The Applicant filed for a Special Permit under Brewster Zoning Bylaw Chapter 179-5E, 179-51, and 179-66, to
expand an existing commercial use from the Village Business (V -B) zoning district into the Residential Medium
Density (R -M) zoning district and to construct a new building for use as an Apothecary, which will contain retail and
medical office uses.
JURISDICTION:
The Planning Board shall be the Special Permit Granting authority for the Application per Brewster Zoning bylaw
Section 179-51 (Special Permit), and 179-63 (Site Plan Review). A public hearing was held on February 13, 2019,
March 13, 2019, April 10, 2019 (continuance), May 8, 2019 (continuance), May 22nd 2019, and June 12, 2019 at
Brewster Town Hall, and advertised in the January 25th and February 1St 2019 editions of the Cape Codder. Notice
was also duly posted in a conspicuous place in Town Hall for all parties interested. Abutters were notified on
January 22, 2019. Deed of property is recorded in the Barnstable County Registry of Deeds Book 23445 Page 350.
MATERIALS SUBMITTED TO THE RECORD:
• Site Plan, prepared by Stephen Brown, dated May 16, 2019.
• Parking Detail, prepared by Stephen Brown, dated May 16, 2019 (as revised June 3, 2019).
• Proposed building rendering, prepared by Aline Architecture, received June 3rd, 2019.
TESTIMONY:
Karen North -Wells (Brewster resident), Donna Wright (Great Cape Herb Shop employee), Manuel Ainzuain (Snowy
Owl coffee shop owner), and Eli Woods (Brewster resident) spoke in favor of the project.
Findings of Special Permit & Site Plan #2019-01
1. The proposed use is consistent with the purpose and intent of the Town of Brewster's Comprehensive Plan.
2. The location, type, character and size of the use/building will be in harmony with the visual character of the
neighborhood.
3. The site is suitable for the proposed use.
4. Access and circulation around the proposed building will be provided for the purpose of fire protection,
police protection and other emergency equipment.
5. The streets serving the proposed use are adequate (width, grade, construction, overall safety and design
capacity) to carry all prospective traffic and adequate provision is made for entering and leaving the
proposed site such that no undue hazard to traffic congestion will be created.
6. Adequate parking and loading facilities are provided in accordance with § 179-22.
7. The site will be suitably landscaped to protect the character of the neighborhood and adjacent property.
8. The proposed use has an adequate method of sewage disposal, source of water and drainage.
9. gdequath utilities and other public services will be provided.
10. The proposed use will not result in the degradation of groundwater quality or coastal water quality off site.
11. The location and design of buildings, roads, parking and loading areas will not cause avoidable damage to
wildlife habitats or corridors or to any plant species listed as endangered, threatened or of special concern by
the Massachusetts Natural Heritage and Endangered Species Program.
12. The proposed use complies with all applicable provision of the Zoning Bylaw.
Condition of Special Permit & Site Plan #2019-01
1. Traffic circulation around the existing and proposed new building, as shown on the approved site plan, will
be kept free of vehicles, equipment and accessory structures to maintain circulation.
2. The proposed dumpster shall be enclosed. Parking spaces adjacent the dumpster will be blocked on trash
pick-up days.
3. All exterior lighting shall be downward casting, shielded and installed so as not to illuminate areas off the
property. The lighting fixture facing upward shall be repaired prior to issuance of a building permit.
4. Parking spaces shall be 10' x 20' and maintained and limited to those shown on the parking detail plan.
5. Any activity within the 100' wetland buffer requires approval by the Conservation Commission.
Based on the plans and information submitted to the record, a motion was made by Paul Wallace and seconded by
Madalyn Hillis -Dineen to approve the Special Permit. (Vote: 6-0-0)
Based on the plans and information submitted to the record, a motion was made by Roberta Barrett seconded by Paul
Wallace to approve the Site Plan. (Vote: 6-0-0)
The Planning Board certifies that copies of this Decision and all plans referred to in it have been filed with the
Planning Board and the Town Clerk. This decision shall be recorded in the Barnstable County Registry of Deeds and
proof of the filing provided to the Planning Department of Brewster, Massachusetts.
Signed.
/7".? :///
Chairperson n Hillis -Dineen, Chair erson Date
Appeal from this decision may be made pursuant to Massachusetts General Laws Chapter 40A Section 17,
within 20 days of the filing with the Town Clerk.
Filed with:
TOWN CLERK:
DATE RECEIVED:
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?r•,rx'r,;.,t .�FF:WG'&.�----�f-.-.il�� i41il12�1i_,A,.:,_' -,- La.- .VW, -
DATE: C' C 101 I hereby certify that the 20 day appeal period has
lapsed, ~-=c'an appeal was taken on the Special Permit #2019-01.
QMO
Town clad
This perii it isAtio valis;'i}nttl recorded in the Barnstable County Registry of Deeds and proof of the filing is received
by the Towit-C1,ei'k�fBrewster, Massachusetts.
THIS SPECIAL PERMIT WILL LAPSE 2 YEARS FROM THE DATE OF RELEASE BY THE TOWN
CLERK FOLLOWING THE APPEAL PERIOD IF THE SPECIAL PERMIT IS NOT EXERCISED.
dARNSTABLE REGISTRY OF DEEDS
_ John F. Meade, Register
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�! �. NJON'AG BOARD OF APPEALS
PLANNING BOARD DISCUSSION:
HOUSE BILL NO. 3858, AN ACT REALATIVE TO
INCENTIVIZING MULTI-FAMILY HOUSING
THROUGH REDEVELOPMENT
Lynn St. Cyr
From: Jonathon Idman
Sent: Thursday, October 5, 2023 5:49 PM
To: Lynn St. Cyr
Subject: Fwd: Joint Committee on Revenue hearing 10.11.23
Attachments: 233051.docx
Get Outlook for 105
From: Butler, Courtney (HOU) <Courtney.Butler@mahouse.gov>
Sent: Wednesday, October 4, 2023 4:08:56 PM
To: Jonathon Idman <jIdman@brewster-ma.gov>
Cc: Flanagan, Christopher - Rep. (HOU) <Christopher.Flanagan@mahouse.gov>
Subject: Fw: Joint Committee on Revenue hearing 10.11.23
Hello,
Rep. Flanagan has filed a bill - H3858, An Act relative to incentivizing multi -family housing through
redevelopment. This bill will be heard on 10/11 by the Joint Committee on Revenue. As a supporter of housing
and municipal planning, we want to invite you to provide testimony.
The bill would Direct the Department of Housing and Community Development to provide builders,
developers, and property owners in rural in suburban areas tax incentives in the form of deductions or credits
for repurposing and redeveloping existing structures for multi -family housing production.
Information on providing testimony is below, and the bill language is attached.
Thank you!
Respectfully,
Courtney A. Butler
Courtney A. Butler 1 Legislative Aide
Office of State Representative Christopher Flanagan
First Barnstable District — Serving the Cape Cod communities of Brewster, Dennis, and Yarmouth
Courtney.Butler@mahouse.gov
She/her/hers
From: Sterling, Ryan (HOU) <Ryan.Sterling@mahouse.gov>
Sent: Tuesday, October 3, 2023 12:24 PM
To: HOU-ALL-DL<HOU-HouseofRepresentatives-DL@mahouse.gov>; SEN-ALL-DL <SEN-Senate-DL@masenate.gov>
Subject: Joint Committee on Revenue hearing 10.11.23
1
The Commonwealth of Massachusetts
Joint Committee on Revenue
STATE HOUSE, BOSTON 02133-1053
Representative
Mark J. Cusack
House Chair
Senator
Susan L. Moran
Senate Chair
HEARING NOTICE
Wednesday, October 11, 2023
11:OOAM — 1:OOPM
Hearing Room A-2
The Joint Committee on Revenue will hold a hybrid public hearing to solicit written and oral
testimony in -person and virtually on the following bills:
2730 An Act establishing a real estate transfer fee upon the Cataldo, Simon (HOU)
transfer of property in the town of Concord
H2793 An Act relative to real estate transfer fees and senior Fluker Oakley, Brandy (HOU)
property tax relief
H
2801 An Act establishing a real estate transfer fee upon the Garballey, Sean (HOU)
transfer of property in the town of Arlington
H2915 An Act establishing a real property transfer fee in the Peake, Sarah K. (HOU)
town of Chatham
H
2916 An Act authorizing the town of Provincetown to impose Peake, Sarah K. (HOU)
a 0.5% real estate transfer fee
An Act establishing a real estate transfer fee upon the
transfer of property in the city known as the town of
H3734 Amherst
An Act authorizing the town of Truro to impose a 0.5%
H3736 real estate transfer fee
An Act authorizing the city of Somerville to impose a
H3845 real estate transfer fee
Domb, Mindy (HOU)
Peake, Sarah K. (HOU)
Connolly, Mike (HOU)
An Act authorizing the city of Cambridge to impose a
H4063 real estate transfer fee
Decker, Marjorie C. (HOU)
An Act authorizing the town of Wellfleet to establish a
S2419 real estate transfer fee
Cyr, Julian (SEN)
2
An Act expanding the exemption for residential propertyCyr, Julian (SEN)
S2421 in the town of Wellfleet
H2747 An Act granting a local option for a real estate transfer Connolly, Mike (HOU)
fee to fund affordable housing
2788 An Act empowering cities and towns to impose a
mansion fee to support affordable housing
Fernandes, Dylan A. (HOU)
51786 An Act relative to a local option real estate transfer fee
to create and preserve housing
S1771 An Act granting a local option for a real estate transfer
fee to fund affordable housing
S1762 An Act authorizing a local affordable housing surcharge
An Act authorizing the town of Wellfleet to establish a
H3665 real estate transfer fee
H2879 An Act authorizing a local affordable housing surcharge
H2936 An Act relative to the revenue to the stabilization fund
H2918 An Act supporting small public charities
H2890 An Act providing for line -of -duty death benefits for
firefighters
Cyr, Julian (SEN)
Comerford, Joanne M. (SEN)
Brownsberger, William N. (SEN)
Peake, Sarah K. (HOU)
Livingstone, Jay D. (HOU)
Rogers, John H. (HOU)
Peisch, Alice Hanlon (HOU)
McMurtry, Paul (HOU)
H2888 An Act ensuring consistent reimbursement of PILOT
funding
McKenna, Joseph D. (HOU)
H2875 An Act to establish a commission to report on the moral
budget
H2864 An Act to enhance child care relief
H2862 An Act to ensure timely restitution payments to victims
of crime
H2843 An Act requiring a waiting period for new taxes
H2774 An Act relative to tax abatement for Gold Star Widow
Josephine Parella
H2760 An Act providing for settlements of tax liability
H2757 An Act relative to state reporting obligations of health
plan coverage
H2748
An Act facilitating housing for all
H2734 An Act restoring the harbors and inland waters
maintenance fund
Livingstone, Jay D. (HOU)
LaNatra, Kathleen R. (HOU)
Kilcoyne, Meghan (HOU)
Jones, Jr., Bradley H. (HOU)
Donato, Paul J. (HOU)
Day, Michael S. (HOU)
Cutler, Josh S. (HOU)
Connolly, Mike (HOU)
Chan, Tackey (HOU)
H2707 An Act providing for a donation check -off box on state
tax returns for the Massachusetts Youth & Government
program
Ayers, Bruce J. (HOU)
S1915 An Act relative to taxes and fee transparency
51893 An Act increasing fairness in distribution of local aid
generated by the state lottery
51892 An Act taxing the mental health impacts of social media
51885 An Act improving the tax administrative laws of the
Commonwealth
O'Connor, Patrick M. (SEN)
Moran, Susan L. (SEN)
Moran, Susan L. (SEN)
Moore, Michael 0. (SEN)
3
S1883
An Act relative to equalizing the Department of
Revenue interest rates
S1864 An Act related to a universal basic income pilot
S1859 An Act providing for settlements of tax liability
S1834 An Act to support educational opportunity for all
S1824 An Act relative to state reporting obligations of health
plan coverage
S1820 Resolve to establish a commission to report on the
Moral Budget
An Act relative to creating manufacturing and economic Soter, Michael J. (HOU)
H3666 development in the Commonwealth
An Act relative to incentivizing multi -family housing
H3858 through redevelopment
H2749 An Act to improve oversight of state government
S1802 An Act abolishing the death tax
51934 An Act relative to the curatorship program
S1829 An Act to ensure timely restitution payments to victims
of crime
H2824 An Act to support educational opportunity for all
H2894 An Act providing for climate change adaptation
infrastructure and affordable housing investments in
the Commonwealth
\loore, Michael O. (SEN)
51799 An Act providing for climate change adaptation
infrastructure and affordable housing investments in
the commonwealth
Lewis, Jason M. (SEN)
Lewis, Jason M. (SEN)
Gomez, Adam (SEN)
Finegold, Barry R. (SEN)
Feeney, Paul R. (SEN)
Flanagan, Christopher Richard
(HOU)
Connolly, Mike (HOU)
Fattman, Ryan C. (SEN)
Tarr, Bruce E. (SEN)
Gobi, Anne M. (SEN)
Higgins, Natalie M. (HOU)
Montano, Samantha (HOU)
Eldridge, James B. (SEN)
Please be advised that the schedule and agenda are subject to change at the discretion of the Chairs.
The Chairs reserve the right to call public officials out of turn. Oral testimony whether virtual or in -person will be limited
to 3 minutes. Written testimony is encouraged.
Written testimony can be submitted via email at JointCommittee.Revenue malejslature.; ov
Virtual and in -person oral testimony sign-up via email to Ryan Sterling at rvan.sterlingZ,mahouse.gov
For Oral Testimony please include:
1. Name;
2. In -person or virtual oral testimony;
3. Bills testifying on;
4. Whether support or oppose;
5. Whether on behalf of yourself or an organization.
If you have any questions regarding the hearing, legislation, or the format of the hearing, please email: Ryan Sterling at
(ryan.sterlin&,mahouse.gov) or Steve Maher at (stephen.maher(,masenate.gov) . You can also reach either office via
telephone: (617) 722-2320 (House Chair Cusack's Office) or (617) 722-1330 (Senate Chair Moran's Office).
4
HOUSE DOCKET, NO. 2272 FILED ON: 1/19/2023
HOUSE No. 3858
The CConintonbnattij of fffla55acbut4ett5
PRESENTED BY:
Christopher Richard Flanagan
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to incentivizing multi -family housing through redevelopment.
PETITION OF:
NAME: DISTRICT/ADDRESS:
DATE ADDED:
Christopher Richard Flanagan
James C. Arena-DeRosa
1st Barnstable
8th Middlesex
1 of 1
1/19/2023
2/8/2023
HOUSE DOCKET, NO. 2272 FILED ON: 1/19/2023
HOUSE . . . .. No.3858
By Representative Flanagan of Dennis, a petition (accompanied by bill, House, No. 3858) of
Christopher Richard Flanagan and James C. Arena-DeRosa for legislation to provide tax credits
for certain certified rural housing redevelopment projects. Revenue.
Qommoutueatti of filia5garbitattcs
In the One Hundred and Ninety -Third General Court
(2023-2024)
An Act relative to incentivizing multi -family housing through redevelopment.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 40Y the
2 following chapter: -
3 Chapter 40Z. RURAL HOUSING DEVELOPMENT INCENTIVE PROGRAM
4 Section 1. As used in this chapter, the following words shall, unless the context clearly
5 requires otherwise, have the following meanings:
6 "Certified rural housing development project", the substantial rehabilitation of a rural
7 housing development project that has been approved by the depaitiilent for participation in the
8 rural housing development incentive program.
9 "Department", the department of housing and community development as established by
10 chapter 23B.
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11 "Rural housing development project", a multi -unit residential rehabilitation project that is
12 located in a rural area and once substantially rehabilitated, shall contain at least 80 per cent
13 market rate residential units.
14 "Qualified project expenditure", an expenditure directly related to substantial
15 rehabilitation of a rural housing development project, including the cost of site assessment and
16 remediation of hazardous materials, but excluding the purchase of the property, provided,
17 however, that: (i) the department has certified that the proposed project meets the definition of
18 rural housing development project; (ii) prior to construction, the department has certified that all
19 or a portion of the project costs are for substantial rehabilitation; and (iii) after the project has
20 been completed, the department has certified that the project has been completed in compliance
21 with this chapter and the requirements and conditions of any prior certifications.
22 "Rural area", an area with a low concentration of residential housing as determined by
23 the department.
24 "Substantial rehabilitation" and "substantially rehabilitated", the redevelopment, repair
25 and renovation of a property, including site assessment and remediation of hazardous materials,
26 but, excluding the purchase of the property, as determined by the department of housing and
27 community development.
28 Section 2. The depaitiiient may from time to time designate 1 or more municipalities as a
29 rural area and take any and all actions necessary or appropriate to such a designation, upon
30 receipt of a municipal application requesting such designation and representing in its application
31 that the municipality, based on its own independent investigation, has determined that the area
32 proposed for designation has a low concentration of residential housing and has a need for multi -
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33 unit residential properties. The application shall include a plan that shall include a description of
34 the activities, public and private, contemplated for such area as of the date of the adoption of the
35 designation, including information as the department may require in written guidelines.
36 Section 3. (a) A project may be eligible to be a certified rural housing development
37 project under this chapter if the project:
38 (i) contains 2 or more residential units;
39 (ii) is located in a designated or proposed rural area as determined by the department;
40 (iii) contains at least 80 per cent market rate units upon completion of the substantial
41 rehabilitation, to be sold or leased; and
42 (iv) involves the substantial rehabilitation of an existing property.
43 (b) The department may from time to time certify 1 or more rural housing development
44 projects, located in rural areas designated pursuant to section 2, as certified rural housing
45 development projects under this section and take any and all actions necessary or appropriate to
46 such a designation, upon compliance with the following:
47 (i) receipt of a project proposal for such a designation requesting such designation from
48 the municipality, submitted in a timely manner, in such form and with such information as the
49 department prescribes, supported by independently verifiable information and signed under the
50 penalties of perjury by a person authorized to bind the sponsors;
51 (ii) receipt of an agreement executed by the municipality that is approved by the
52 department that the project as described in the proposal and all documentation submitted with the
53 proposal:
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54 (A) is consistent with and can reasonably be expected to benefit significantly from the
55 municipality's plans relative to the project;
56 (B) together with all other projects previously certified and located in the same project
57 rural area, shall not overburden the municipality's supporting resources; and
58 (C) together with the municipal resources committed to the project, shall, if certified,
59 have a reasonable chance of increasing residential growth, diversity of housing supply,
60 supporting economic development and promoting neighborhood stabilization in the designated
61 rural area as advanced in the proposal; and
62 (iii) receipt with such written approval by the municipality of a request for a designation
63 of the project as a certified rural housing development project for a specified number of years,
64 which shall be not less than 5 years and not more than 20 years.
65 (c) The department shall evaluate and either grant or deny any project proposal not later
66 than 90 days from the date of its receipt of a complete project proposal and failure to do so by the
67 department shall result in approval of such project for a term of 20 years. Approval of a project
68 due to the department's failure to act within 90 days shall not constitute approval by the
69 department of any tax incentives provided under chapter 62.
70 (d) The department may impose a fee for the processing of applications for the
71 certification of any project under this section.
72 (e) The certification of a project may be revoked by the department if: (i)(A) the
73 municipality that approved the project proposal files a petition that satisfies the authorization
74 requirements for a municipal application or the petition of the director of the department; and (B)
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75 the department determines, after an independent investigation, that representations made by the
76 sponsors in its project proposal are materially different from the conduct of the sponsors
77 subsequent to the certification and such difference is found to frustrate the public purposes that
78 the certification was intended to advance; or (ii) the project no longer meets the criteria in this
79 section. Upon revocation, the commonwealth and the municipality may bring a cause of action
80 against the sponsors for the value of any economic benefit received by the sponsors prior to or
81 subsequent to such revocation. Under this section, revocation shall take effect on the first day of
82 the tax year in which the department determines that a material variance commenced. The
83 commissioner of revenue may, as of the effective date of the revocation, disallow any credits,
84 exemptions or other tax benefits allowed by the original certification under this section. The
85 commissioner shall issue regulations to recapture the value of any credits, exemptions or other
86 tax benefits allowed by the certification under this section.
87 (f) Annually, on or before the first Wednesday in December, the department shall file a
88 report detailing its findings of the review of all certified housing development projects that it
89 evaluated in the prior fiscal year to the commissioner of revenue, to the joint committee on
90 revenue and the joint committee on housing and community development. The report shall
91 include, but not be limited to: (i) a list of municipalities with approved rural areas; (ii) a list of
92 rural housing development projects that have received certification; (iii) information about each
93 certified rural housing development project, including the site address, project sponsor, range of
94 rents of the residential units, type of residential units, number of each type of residential unit,
95 number of affordable rental units for persons whose income is not more than 60 per cent of the
96 area median income and the number of affordable owner -occupied units for persons whose
97 income is not more than 80 per cent of the area median income; and (iv) the total amount of
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98 qualified project expenditures for which a tax credit was issued or reserved for each rural
99 housing development project, the year the credit was issued and the completion or estimated
100 completion year of the housing development project.
101 SECTION 2. Section 6 of chapter 62 of the General Laws is hereby amended by adding
102 the following subsection: -
103 (dd)(1) A credit shall be allowed against the tax liability imposed by this chapter, to the
104 extent awarded by the department of housing and community development as established by
105 chapter 23B, for a certified rural housing redevelopment project, as defined in chapter 40Z, in an
106 amount up to 25 per cent of the cost of qualified project expenditures of the market rate
107 residential units within the certified rural housing development project, as those terms are
108 defined in said chapter 40Z. The credit under this subsection shall be allowed for the taxable year
109 in which the department gives the commissioner written notification of completion of the
110 certified rural housing redevelopment project.
111 (2) Taxpayers eligible for the this credit may, with prior notice to and under regulations
112 adopted by the commissioner, transfer the credits, in whole or in part, to any individual or entity,
113 and the transferee shall be entitled to apply the credits against the tax with the same effect as if
114 the transferee had incurred the qualified project expenditures itself. If the sponsor of the certified
115 rural housing development project is a partnership or a limited liability company taxed as a
116 partnership, the credit, if transferred must be transferred by the partnership or the limited liability
117 company. If the credits allowed to a partnership, a limited liability company taxed as a
118 partnership or multiple owners of property are not transferred they shall be passed through to the
119 persons designated as partners, members or owners, respectively, pro rata or pursuant to an
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120 executed agreement among the persons designated as partners, members or owners documenting
121 an alternative distribution method without regard to their sharing of other tax or economic
122 attributes of the entity. Credits passed through to individual partners and members are not
123 transferable.
124 (3) If the credit allowable for any taxable year exceeds the taxpayer's tax liability for that
125 tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
126 as reduced from year to year, of those credits which exceed the tax for the taxable year;
127 provided, however, that in no event shall the taxpayer apply the credit to the tax for any taxable
128 year beginning more than 10 years after the taxable year in which department gives the
129 commissioner written notification of completion of the rural housing redevelopment project. If
130 the credit is transferred by the taxpayer, the carry over provisions applicable to the transferee
131 apply.
132 (4) A transferee shall use the credit in the year it is transferred. If the credit allowable for
133 any taxable year exceeds the transferee's tax liability for that tax year, the transferee may cany
134 forward and apply in any subsequent taxable year, the portion, as reduced from year to year, of
135 those credits which exceed the tax for the taxable year; provided, however, that in no event shall
136 the transferee apply the credit to the tax for any taxable year beginning more than 10 years after
137 the taxable year in which the department gives the commissioner written notification of
138 completion of the certified rural housing development project.
139 (5) For any rural housing redevelopment project, qualified project expenditures
140 applicable to this credit shall be treated for purposes of this subsection as made on the date that
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141 the department gives the commissioner written notification of completion of the rural housing
142 redevelopment project.
143 (6) The total amount of credits that may be authorized by the department in a calendar
144 year pursuant to this subsection shall not exceed $10,000,000 and shall include: (i) credits
145 granted during the year pursuant to this subsection; and (ii) carry forwards of credits from prior
146 years pursuant to this subsection, to the extent that such credit carry forwards are estimated by
147 the
148 commissioner to offset tax liabilities during the year. Any portion of the $10,000,000
149 annual cap not awarded by the department in a calendar year shall not be applied to awards in a
150 subsequent year. The department shall provide the commissioner with any documentation that
151 the commissioner deems necessary to confirm compliance with the annual cap and the
152 commissioner shall provide a report confirming compliance with the annual cap to the secretary
153 of administration and finance and the secretary of housing and economic development.
154 (7) The commissioner, in consultation with the department, shall prescribe regulations
155 necessary to carry out this subsection.
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APPROVAL OF MEETING MINUTES DATED
SEPTEMBER 27, 2023
PB Minutes 09/27/23 Page 1 of 3
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, September 27, 2023 at 6:30 pm
Brewster Town Office Building
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Madalyn Hillis-Dineen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. present.
Also participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a
quorum of the Planning Board was present. The Meeting Participation Statement and Recording Statement were read.
6:32 PM PUBLIC ANNOUNCEMENTS AND COMMENT
None.
6:33 PM JOINT PUBLIC HEARING WITH SELECT BOARD
The Planning Board and Select Board will review, discuss, and potentially vote on the final revised draft 2023 Local
Comprehensive Plan (LCP) prepared and recommended by the Vision Planning Committee. There will be an opportunity
for public comment on said LCP.
Documents:
09/25/23 Draft Local Comprehensive Plan
09/27/23 Presentation: Brewster’s Local Comprehensive Plan
Motion by Wentworth to Open Public Hearing. Second by Hillis-Dineen. Vote: 7-0-0.
Select Board Chair Ned Chatelain declared that there was a quorum of the Select Board with Cindy Bingham, Mary
Chaffee, Kari Hoffmann, and Dave Whitney present. Motion by Chaffee to Open the Public Hearing. Second by
Bingham. Vote: 5-0-0.
Sharon Tennstedt, Chair of the Vision Planning Committee (VPC), gave an overview of the Local Comprehensive Plan
(LCP). She stated that an LCP describes Brewster today and where Brewster wants to go in the future. An LCP provides
direction to help guide town decisions particularly related to land use. Tennstedt stated that the LCP is not a law or
regulation and does not create any mandates or requirements for the town. Tennstedt stated that the LCP was
prepared by the VPC with guidance from the Cape Cod Commission (CCC).
Tennstedt reviewed the status of the LCP. She stated that following the outcomes of the 2022 Fall Town Meeting and
2023 Special Town Meeting, the LCP was sent back to the VPC for further study and drafting related to concerns
regarding a proposed Wing Island boardwalk project. In April 2023, following a revised charge from the Select Board,
the VPC began work again to review and revise the draft LCP to reflect Town Meeting outcomes. Tennstedt reviewed
revisions to the LCP including: updated text and data to reflect events and timelines since Fall 2022; simplified language
for improved comprehension; aligned language about proposed Wing Island boardwalk project and Drummer Boy Park
master plan with results and actions taken after, and in accordance with, 2022 Fall Town Meeting and 2023 Special
Town Meeting; clarified the term “town centers” for consistency with the 2018 Vision Plan; edited the Action Plan for
clarity and comprehension and to establish specificity for goals, purposes, and actions; and edited to further emphasize
the importance of public engagement/two-way communication between government and residents, businesses,
organizations, and other stake holders.
Approved:
Vote:
PB Minutes 09/27/23 Page 2 of 3
Tennstedt reviewed the public’s involvement in the LCP process. She noted that this was not a plan drafted by a
consultant but by the VPC. Tennstedt stated that the LCP is based on the 2018 Vision Plan and its Building Blocks
provided the framework for the LCP. She stated that the LCP is a product of Brewster residents. The VPC consists of
resident volunteers who drafted the plan. In February 2022, the Next Steps public survey was conducted and there was
a 25% response rate. She also stated that drafts of the LCP were reviewed by community organizations and town
departments and were posted on the town website for public comment. A public hearing was held in 2022 in addition
to the current public hearing. The formatted plan was recently posted on the town website for review. Community
outreach and education has continued through the Summer and Fall 2023 and will continue through to Town Meeting.
Tennstedt reviewed the composition of the LCP including its various sections. She pointed out Section 4, the Action
Plan. Tennstedt stated that the LCP includes a Vision Statement which is a statement of community values based on the
Vision Statement from the 2018 Vision Plan with updates based on recent events and trends. Updates include a
commitment to address climate change which was not included in the 2018 Vision Statement. She reviewed the
Building Blocks which she stated are the framework of the LCP. Two additional Building Blocks have been added since
2018 - climate mitigation & adaptation and solid waste management. The Building Blocks are based on and have been
updated from the Vision Plan Summary Papers which provide an overview of existing conditions for each Building Block
as well as background, recent actions by the town, and key issues moving forward. Tennstedt stated that the Building
Blocks are not silos but complement and reinforce each other. Tennstedt stated that the Action Plan is the heart of the
LCP. It lays out goals, purposes, and actions to achieve the community’s vision for each Building Block for the next 10+
years. The Action Plan is based on goals and actions from the Vision Plan, results from Brewster’s Next Steps survey,
recommendations from community stakeholders on current needs, and recommendations from Summary Papers. She
stated that the Action Plan must be representative of the will of Brewster residents and circumstances present and
going forward. The Action Plan is not binding, exclusive or exhaustive and represents a menu of possible options.
Tennstedt reviewed how the LCP will be used in decision-making. She stated that the LCP has been clarified so residents
will have a better understanding of how the LCP will be used. Tennstedt stated that once adopted, the LCP will become
an integral part of the town decision-making process and will be implemented through town boards, committees,
departments, and community organizations. To date, the Select Board has been using the Building Blocks from the 2018
Vision Plan to organize its Strategic Plan. Tennstedt noted that a Capital Facilities Plan is included in the LCP and that
any major capital expenditure will need to go to Town Meeting for approval. There will be annual reporting on LCP
implementation. Tennstedt stated that LCP implementation does not change any public decision-making approval
processes otherwise required. For example, capital expenditures and bylaw/code amendments will still require Town
Meeting approval.
Tennstedt reviewed the next steps of the LCP process. She stated that the VPC voted to recommend adoption of the
revised draft to the Select Board and Planning Board on September 5, 2023 subject to staff formatting, editorial
corrections, and data and information updates. The formatted LCP has been posted to the LCP project page on the town
website. The Planning Board and Select Board’s role is to decide whether to endorse the revised draft and recommend
it to Fall Town Meeting for possible adoption. The VPC will continue to work on public outreach until Fall Town Meeting
in November. Tennstedt thanked the VPC members: Amanda Bebrin, Vice Chair, Andi Genser, Patricia Hess, Suzanne
Kenney, Fran Schofield, Alex Wentworth, and Kari Hoffmann, Select Board Liaison. Schofield was present at the hearing.
Genser, Hess, and Kenney joined the hearing via Zoom. She also thanked Town Planner Jon Idman and Administrative
Assistant Ellen Murphy.
Members of the Planning Board thanked Tennstedt for her presentation and thanked the VPC for all their work on the
LCP and their public outreach and engagement efforts. Bebrin, Vice Chair of the VPC, noted a conversation the VPC had
with their consultant regarding implementation and requirements to implement certain actions in the plan within a
certain time. Bebrin stated that the VPC pushed back because they do not see implementation as prescriptive but open
ended and meant to work with the Select Board’s Strategic Plan and the Capital Facilities Plan. She stated that the
Action Plan is the heart of the LCP and asked residents to review the Action Plan.
PB Minutes 09/27/23 Page 3 of 3
Members of the Select Board thanked the VPC for their work on the LCP and for their public engagement efforts.
Chaffee noted that the LCP is not a mandate but provides direction. She also stated that the plan was prepared by the
VPC based on input from Brewster residents. Hoffmann thanked members of the public who have participated in the
LCP process. Hoffmann noted that the VPC is still working on public outreach and education and thanked them for their
continued efforts.
Tennstedt thanked Hal Minis, former VPC Chair, for all his work in the vision planning process and on the LCP.
Mark Martino, 337 Lund Farm Way, stated he believes the economy will improve because of the LCP.
Ben McKelway, 1802 Main Street, stated that he wished the Planning Board and Select Board would not endorse the
LCP. He sees the plan as pro-growth and pro-development and an attempt to lure more people to Brewster which in his
opinion is already busy enough. McKelway stated that he understands the LCP is just guidance, but it is not the type of
guidance he wants the Select Board and other town boards to have. He does not support a town center, complete
streets program, zoning changes to allow for more multi-family units, or encouraging more business in Brewster.
Motion by Chaffee to Close the Public Hearing. Second by Hoffmann. Vote: 5-0-0.
Motion by Wentworth to Close the Public Hearing. Second by Michaels. Vote: 7-0-0. Taylor noted that Brewster’s last
Local Comprehensive Plan was is 1970.
Motion by Wentworth to Endorse the Revised Local Comprehensive Plan and Recommend It to Town Meeting for
Adoption, subject to Additional Editorial Corrections. Second by Hillis-Dineen. Vote: 7-0-0.
Motion by Hoffmann to Endorse the Revised Local Comprehensive Plan and Recommend It to Town Meeting for
Adoption, subject to Additional Editorial Corrections. Second by Whitney. Vote: 5-0-0. Motion by Chaffee to Adjourn
the Select Board. Second by Hoffmann. Vote: 5-0-0. Select Board adjourned at 7:08 pm.
7:08 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: September 13, 2023.
The Board reviewed the September 13, 2023 meeting minutes. Motion by Wentworth to Approve September 13, 2023
Meeting Minutes. Second by Degen. Vote: 6-0-1 (Freitas abstained).
7:09 PM COMMITTEE REPORTS
Taylor reported that the Open Space Committee is researching ownership of land in town through the Registry of Deeds.
Michaels stated that the Water Quality Review Committee is continuing its discussion on their mission and committee
charge. Bebrin announced the First Annual Volunteer Fair scheduled for Saturday, September 30th from 10 am -12 pm.
7:11 PM FOR YOUR INFORMATION
The Planning Board received information on the Brewster Communications Community Survey and a community forum
and survey on climate adaptation for Pleasant Bay.
Motion by Wentworth to Adjourn. Second by Michaels. Vote: 7-0-0. The meeting adjourned at 7:13 PM. Next
Planning Board Meeting Date: October 11, 2023.
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning
FOR YOUR INFORMATION
RECEIVED
HARWICH PLANNING BOARD
PUBLIC HEARING NOTICE
OCT - 5 2023
BREWSTER PLANNING BOARD
ZONING BOARD OF APPEALS
The Harwich Planning Board will hold public hearings beginning no earlier than 6:30 PM,
Tuesday, October 10, 2023, in the Don B. Griffin Room, Town Hall, 732 Main Street, Harwich,
MA 02645 to consider the following matters. Any member of the public is invited to attend and
provide comments to the Board. Written comments may also be submitted to the Board prior to
the hearing by mailing them to the Planning Department, Town Hall, 732 Main Street, Harwich,
MA 02645 or by emailing them to the Planning Assistant, Shelagh Delaney at
sdelaney@harwich-ma.gov
Case # PB2023-29 157 Route 137 LLC, Owner, through their agent Attorney Michael Ford
are seeking a waiver for a Special Permit or alternatively, waiver of Special Permit Site Plan
Review, pursuant to the Harwich Zoning Bylaw Sections 325-51. The proposed expansion is to
create additional office space. The property is located at 157 Route 137, Map 87, Parcel U2-1 in
the Commercial Highway 2 (CH -2) and Water Recharge (Zone II) Zoning Districts.
Case # PB2023-30 The Royal Apartments LLC, Owner, through their agent James
Bustamante seek a modification to a site plan special permit case number PB2019-45 pursuant
to the Harwich Zoning Bylaw Sections 325-51. The proposed modification is to change exterior
lighting and light poles. The property is located at 328 Bank Street, Map 41, Parcel N4 in the
Multi -Family Residential Low (MRL) Harwich Center, and Harwich Historical District Zoning
Districts.
Documents and plans related to these applications may be viewed on the Planning Board's home
page: www.harwich-ma.gov/planning-board and are on file with the Town Clerk and may be
viewed at the Planning Department, Town Hall, 732 Main Street, Harwich, MA 02645 during
regular Town Hall hours. For additional information contact the Planning Assistant, Shelagh
Delaney at sdelaney@harwich-ma.gov
Duncan Berry, Chair
Cape Cod Chronicle Print Dates: September 21 and September 28, 2023
2024
Planning Board Schedule
Meeting Date
Advertisement Dates
December 22, 29
Filing Deadline
November 29
January 10
December 13 January 24
January 5, 12
January 3.
February 14
January 26, February 2
r
January 17 February 28
February 9, 16
January 31 March 13
February 23, March 1
February 14 March 27
March 8, 15
February 28 April 10
March 22, 29
March 13 April 24
April 5, 12
March 27
May 8
April 19, 26
April 10
May 22
May 3, 10
May 1
June 12
May 24, May 31
May 15
June 26
June 7, 14
May 29
July 10
June 21, 28
June 12
July 24
July 5, 12
July 3
August 14
July 26, August 2
July 17
August 28
August 9, 16
July 31
September 11
August 23, August 30
August 14
September 25
September 6, 13
August 28
October 9
September 20, 27
September 11
October 23
October 4, 11
October 2
November 13
October 25, November 1
October 30
December 11
November 22, November 29
Note: Your appearance on a meeting
by Massachusetts General Law Chapters
The Planning Board meets on the 2nd
date is not guaranteed. The timeframe in which to hold meetings is governed
40A and 41, Sections 81K-81GG.
and 4th Wednesdays of each month unless noted.