§ 810-5. Public hearing procedures.  


Latest version.
  • A. 
    Public hearings on any appeal or application shall be held within 65 days after the filing of an application. In the case of a comprehensive permit, the hearing shall be held within 30 days of receipt of the application unless the time has been extended by mutual agreement between the Board and the applicant.
    B. 
    Notice of hearings shall be as required by MGL c. 40A, § 11:
    (1) 
    By publication in a newspaper of general circulation in the Town of Plainville once in each of two successive weeks, the first publication being not less than 14 days before the day of the hearing;
    (2) 
    By posting such notice in the Town Offices for a period of not less than 14 days before the hearing; and
    (3) 
    By mailing, postage prepaid, to parties in interest at least seven days prior to the hearing.
    C. 
    No public hearing shall be held on any day an election or Town Meeting is held in Plainville.
    D. 
    All hearings shall be open to the public in conformance with MGL c. 39, § 23A.
    E. 
    An applicant may appeal on his own behalf or be represented by an agent or attorney. In the absence of any appearance, the Board may decide the matter based upon the information it has received.
    F. 
    Hearings will start at the time stated in the notice unless delayed because of prior hearings or for other reasons. They will be conducted on a formal basis as follows:
    (1) 
    The Chairperson will open the hearing, announce the names of the members present and read the notice or have it read.
    (2) 
    The applicant or his representative will present his case to the Board. Others in favor will then be allowed to speak, first giving their names and addresses.
    (3) 
    The Chairperson will then allow those in opposition a similar opportunity to be heard.
    (4) 
    Rebuttals and limited cross-examination may be allowed but all comments and questions must be relevant and seek information.
    (5) 
    Members of the Board may direct questions at any time during the hearing.
    (6) 
    When all facts have been presented, the Chairperson will call the hearing to a close and inform all present that a decision will be rendered in accordance with MGL c. 40A.
    G. 
    An application may be considered at a public hearing held jointly with other Town boards. If so, the hearing notice shall identify the purpose of the hearing.