The
Planning Board has prepared this guide to explain what you, as an abutter to a
proposed development project, can expect during the process of review of a
project. According to the
Massachusetts General Laws, an abutter to a subdivision of land is any landowner
whose property directly abuts the subject parcel.
In projects requiring a special permit, an abutter is defined as any
property owner within a 300 foot radius of the subject property.
Both types of abutters are based on the most recent Assessor’s tax
records. This document is not
intended to be a legal guide, but it will help you understand how to participate
in hearings, get information and best communicate any concerns you may have. To
reach the Planning Board, please contact our office at 978-874-7414 or www.townplanner@westminster-ma.org.
We are located on the 1st floor of the Town Hall.
Current
Planning Board members are listed below:
Andrew J.
Sears, chairman
Marie N.
Auger, vicechair/clerk
Claude
LeBlanc, member
Stephen
Tremblay, member
M. Donald
Barry, member
Planning
Board is staffed by Alicia A. Altieri, AICP Town Planner
Why
am I Receiving a Legal Notice?
You are receiving this hearing notice because you are abutter (as defined by
law) to a proposed development that will be reviewed by the Westminster Planning
Board. The notice is required by statute to let you know that a public hearing
is being held on the project.
What
is the Planning Board?
The Planning Board has five elected members. The Board has the responsibility to
review proposed development projects and makes decisions on them in accordance
with statute and local bylaws. The board holds its hearings in the evenings.
Board members have a variety of backgrounds and volunteer to serve on the board.
They are assisted by a professional staff that works in the Planning Department
office during the day.
How
can I Find Out More About the Proposed Project?
An application plans and supporting materials are in file at the Planning Board
office. You are welcome to review this information and may pay for copies of any
information you would like to keep. Copies cost 20 cents/page. Our office is
generally open on weekdays from 8:00a.m.-1:00p.m. and 2:00 p.m. - 4:30 p.m.
Closed at 1:00 p.m. on Fridays. It is best to call and make an appointment to
ensure that staff will be there.
What
Should I Expect at the Public Hearing?
The notice you received in the mail tells you when the public hearing is
scheduled. It is also published in the legal notices in the Gardner News. At the
first hearing, the applicant will present plans and explain what is proposed for
the Board and the audience. The Board will ask questions
where clarification is needed. There will be an opportunity for those in
the audience to ask questions or offer opinions. Comments may also be submitted
in writing.
Since
the Board often hears several projects in an evening, hearings last a specified
period of time. At the end of this time, the hearing may be either closed or
continued.
Occasionally,
for simple projects, hearings can be completed in one night and are closed,
meaning that no further testimony is taken. More often, hearings will be
continued with direction given by the Board to the applicant on revisions to the
plans or information that is needed. Continued hearings may be several weeks or
months in the future depending on how long it takes the applicant to gather the
required information and the Board's workload.
Occasionally
the hearings process is delayed due to weather, the absence of a Board member or
at the applicant's request. To verify that a hearing is being held on a
scheduled date, you can call the Planning Board office.
How
Can I Make My Concerns Known if I Cannot Attend?
Comments can be submitted in writing prior to the close of public hearing.
Copies will be provided to the Board members. As with all testimony, it is most
helpful to raise concerns early in the process.
What
Happens after the Hearing?
After the hearing and the record are closed, no new information can be
submitted. The Board deliberates and writes a decision at a Board meeting. The
Board generally either approves a plan with conditions or denies it if it does
not meet town standards. Interested individuals are welcome to attend and
listen, but may not make further comments. The board makes its decisions on
subdivision waiver requests at this time. The decision is voted on and filed
with the Town Clerk by the decision deadline.
What
Issues Does the Board Consider?
The scope of issues that the Board can consider in reviewing projects is defined
by state law and town bylaws and regulations. In presenting testimony (oral or
written) it is most helpful to focus on these issues. These are described
further below.
Will
I Be Notified of the Decision?
Copies of subdivision decisions are not sent to abutters. Copies of special
permit decisions are required by law to be sent to all abutters. You may request
a copy of any decision from the Planning Board office.
How
Can I Appeal?
Appeals may be made to Superior Court (and in some cases Land Court). For
subdivision decisions and special permit decisions there is a 20 day appeal
period (from the date the decision is filed with the Town Clerk).
10
Suggestions for Presenting Testimony at Public Hearings
1.
You
should stand and state your name & address for the record each time you
speak;
2.
Feel
free to use the proposed plan to point out concerns that you may have using the
plans;
3.
Try
to state all of your questions or concerns at once and then allow the next
person to speak;
4.
Be
polite and respectful of differing opinions;
5.
While
you may have questions for the applicant, you should address them to the Board.
The Board may direct the applicant to keep a record of questions asked and
answer them all at once;
6.
Avoid
personal attacks-stick to issues relating to the project and within the scope of
the Board's review;
7.
Don't
ask to speak again until all have an opportunity to be heard;
8.
It
is fine to just say " I agree with Mr. Smith about traffic" rather
than restating the same concerns;
9.
Comments
made at a hearing need not be repeated at subsequent ones unless they have not
been addressed;
10.
Remember
that you will not be notified by mail of continued hearings-if you are
interested you should attend or call the Planning Office.
Subdivisions
The Board acts on subdivisions based on the authority in the Mass. Subdivision
Rules & Regulations (adopted by the Board). Plans either must comply with
these requirements or the applicant must request that waivers be granted. The
Board has discretion in acting on waivers to consider those that are in the best
interest of the design of the project and of the town. Subdivisions must also
comply with town zoning requirements. The Board will focus on issues relating to
the subdivision roadway construction such as drainage, grading, erosion control,
sidewalks, and curbing. The Board will also consider traffic safety and
development of an overall interconnected roadway network.
Cluster
Developments
The
Planning Board has recently been designated as the special permit granting
authority for cluster development special permits. Cluster developments are the preferred type of subdivision in
Westminster because they preserve open space without exceeding the density that
would be provided under conventional zoning.
Where applicable, the Planning Board will combine the cluster development
special permit with the subdivision review.
Conservation
Commission
Other Boards
may also conduct public hearings regarding a development proposal.
If a development is altering any land within the wetlands or wetlands
buffer zone as defined in MGL Ch 131§40 and the Westminster Wetlands Bylaw,
then the project will also be reviewed by the Conservation Commission.
The Commission will look at the impacts of the development on the
town’s wetland resources, including the project’s stormwater management
program. The Conservation
Commission will conduct a public hearing and issue an Order of Conditions –
the conditions that must be followed during construction of the project.
The Conservation Commission will also send out hearing notices of any
proposed development. Conservation
Commission decisions (Order of Conditions) may be appealed directly to the
Department of Environmental Protection (DEP).
Zoning Board
of Appeals (ZBA)
The Zoning
Board of Appeals is designated as the special permit granting authority for all
special permit uses except for the Cluster Development bylaw (§ 205-38 ) which
is now under the Planning Board’s jurisdiction.
The ZBA issues special permits for any changes to preexisting,
non-conforming uses and structures. The
ZBA also issues use and dimensional variances.
Board of
Health
The Board of
Health will review plans for individual private wells, community wells, and
individual septic systems. Any
project that does not have the ability to tie into public water or public sewer
will be reviewed by the Board of Health in a public meeting.
Although a public hearing is not required unless a variance from the
regulations is required, you may contact the Board of Health to determine when a
project is scheduled on its agenda.
Water and
Sewer Commissioners
If a project
is proposed to be serviced by public water or public sewer, the project must
also be reviewed and approved by the Water and Sewer Commissioners.
Westminster
Fire Department
The
Westminster Fire Department issues blasting permits in accordance with the Board
of Fire Prevention Regulations 527 CMR 13.09.
The Fire Department will also review the fire protection system for the
proposed development in accordance with Department Regulations.
State Permits
In addition
to local permits, many projects also require permits from the state.
If a project meets certain thresholds, a project must submit an
Environmental Notification Form (ENF) and subsequent Environmental Impact
Report, if required by the Secretary of Environmental Affairs.
See 301 CMR 11.03 MEPA Regulations.
If a project connects to a state highway, then a Mass Highway permit is
needed. Community water systems and community septic systems also
require approval from the Department of Environmental Protection (DEP).