Frequently Asked Questions By Abutters

Frequently Asked Questions from Abutters and the Public About Applications and Public Hearings in front of the Board of Planning and Community Development

Why am I receiving a Hearing 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 Athol Board of Planning and Community Development. The notice is required by statute to let you know that a public hearing is being held on the project.

How can I find out more about what is proposed?

An application, plans and supporting materials are on file at the Town Clerk's office. You are welcome to review this information.  Their office is generally open Monday, Wednesday and Thursday from 8:00-5, Tuesday 8:00-8:00.  It is best to call ahead and make an appointment to ensure that staff will be there in the event they are at a training.

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 typically published in the legal notice section of The Athol Daily 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 - generally 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.  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. Other times, hearings will be continued with direction given by the Board to the application 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 hearing 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 & Development office.

If a Public Hearing is Continued or delayed, abutters notices will not be sent back out.  Please refer to the Town website and look for "Meetings and Agendas" and click "Board of Planning and Community Development" - you will find meeting agenda items there.

How can I make my concerns known if I cannot attend?

Comments can be submitted in writing prior to the close of Public hearing. 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 votes on a decision at a posted 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 subdivisions 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.

Will I be notified of the decision?

Copies of subdivision decisions are not sent to 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 Courts). For subdivision, site plan and special permit decisions, there is a 20-day appeal period ( from the date the decision is filed with the Town Clerk). You will not receive notice of any appeals filed other parties (such as the applicant).

10 Suggestions for Presenting Testimony at Public Hearings

You should stand and state your name & address for the record each time you speak;

 Feel free to use the proposed plan to point out concerns you may have and try to stand so that the Board can see the area which you are referring;

Try to state all of your questions or concerns at once and then allow the next person to speak;

Be polite and respectful of differing opinions;

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;

Avoid personal attacks-stick to issues relating to the project and within the scope of the Board's review;

 Don't ask to speak again until all have an opportunity to be heard;

 It is fine to just say " I agree with Mr. XXX about traffic" rather than restating the same concerns;

Comments made at a hearing need not be repeated at subsequent ones unless they have not been addressed;

 Remember that you will not be notified by mail of continued hearings-if you are interested you should attend all hearings, future hearing dates are set at the public hearing or call the Town Manager’s 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.

Special Permits

Currently, the Board of Planning and Community Development is the special permit granting authority for many types of development.  Please consult the Zoning Bylaws for a specific reference. All special permits require a super-majority vote (five out of seven) in order to be granted.  Review focuses on criteria established in the Zoning Bylaws.

Site Plans

The Planning Board also acts on proposed commercial and other related proposals through its Site Plan Approval process in accordance with the criteria established in the Zoning Bylaws.