The Sterling Planning Board, Chaired by self-dealing developer weasel Carl Corrinne, has put Article 39 on the 2025 Sterling Annual Town Meeting Warrant.
ARTICLE 39 IS A NAKED POWER GRAB INTENDED TO REVERSE THE CURRENT PLANNING BOARD SITE PLAN APPROVAL AND ZONING BOARD OF APPEALS SPECIAL PERMIT APPROVAL PROCESS/ORDER BY FORCING THE ZBA TO APPROVE SPECIAL PERMITS BEFORE THE PLANNING BOARD RENDERS A SITE PLAN DECISION/REPORT. THAT CHANGE WOULD ENABLE THE PLANNING BOARD TO THEN GO THROUGH THE MOTIONS AND RENDER TOTALLY BULLSHIT, PRO-DEVELOPER SITE PLAN APPROVALS.
HERE IS THE PROPOSED ARTICLE 39–
ARTICLE 39: AUTHORIZE JOINT MEETINGS/HEARINGS FOR PROJECTS NEEDING SPECIAL PERMIT AND SITE PLAN REVIEW
To see if the Town will vote to amend its Protective Bylaws, Chapter 301, Article 6 – Administration and Procedures, by amending §301-6.3 – Special Permits to allow for a joint public hearing for those projects requiring both a special permit and site plan review, by adding a new §301-6.3.4 with the text to be inserted underlined below, and renumbering subsequent paragraphs accordingly, or take any other action relative thereto,
§ 301-6.3.4 Special Permits that require Site Plan review.
For development projects that require a Special Permit from the Zoning Board of Appeals and Site Plan approval from the Planning Board, the applicant may apply for both concurrently and request a joint public hearing by both Boards. When a joint public hearing is requested, both boards will coordinate a public hearing date and provide proper public notice per MGL Chapter 40A, Section 11. The procedural order shall be that the Zoning Board of Appeals shall issue its Special Permit decision first, followed by the Planning Board issuing its Site Plan decision (emphasis original and added).
2/3rd vote required for passage.
Motion: Move that the Town vote to amend the Protective Bylaws, Chapter 301, Article 6 – Administration and Procedures as presented in the article.
Submitted by: Planning Board
Recommendations: Select Board recommends approval
Planning Board recommends approval
Summary: This article will update the bylaw to allow for an applicant to file for both a special permit from the ZBA and Site Plan Review from the Planning Board simultaneously and hold a joint hearing.
As you can see the “Summary” is deliberately deceptive because THE FOLLOWING sets forth the CURRENT procedural order involving Special Permit applications under consideration by the Sterling Zoning Board of Appeals:
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this bylaw, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors:
Social, economic, or community needs which are served by the proposal;
Traffic flow and safety, including parking and loading;
Adequacy of utilities and other public services;
Neighborhood character and social structures;
Impacts on the natural environment; and
Potential fiscal impact, including impact on Town services, tax base and employment.
Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority. Said authority shall notify applicants by registered or certified mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the special permit granting authority is held prior to the expiration of the thirty-five-day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the special permit granting authority shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party (emphasis added).
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 301-6.4.4 herein.
SO, under the current ZBA Special Permit process the Planning Board is required to submit ITS report to the ZBA so that the ZBA can make an informed decision in granting or denying a Special Permit application. That process makes sense, is entirely reasonable, and should be retained.
So come out to the 5 May 2025 Sterling Annual Town Meeting and vote down Article 39, a pernicious, ass-backward Planning Board power grab.
IN MY NEXT BLOG POST I WILL DISCUSS THE PLANNING BOARD’S OUTRIGHT PERVERSE, MALICIOUS PROPOSED WARRANT ARTICLE 40.
Stay tuned.
J.G.
STERLING, MASSACHUSETTS, OVERWATCH 