By Mr. Rodrigues of Westport, petition (accompanied by bill, House, No. 3234) of Michael J. Rodrigues and Benjamin Fierro III for legislation to authorize the consolidation of public hearings of planning boards with other agencies of cities and towns.  State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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PETITION OF:

Michael J. Rodrigues

Benjamin Fierro III

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In the Year Two Thousand and Seven.

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An Act permitting the consolidation of certain public hearings.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 11 of chapter 40A of the General Laws, as amended by section 9 of chapter 205 of the acts of 2006, is hereby amended by inserting after the third paragraph the following paragraph:—

When a planning board is also the special permit granting authority for any special permit applicable to a subdivision plan, the planning board may hold the special permit public hearing together with any public hearing required by sections eighty-one K to eighty-one GG of chapter forty-one and allow for the publication of a single advertisement giving notice of said consolidated hearing.

SECTION 2.  Section 81T of chapter 41 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the last sentence and inserting in place thereof the following sentence:—

Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the planning board, notice of the time and place of which and of the subject matter, sufficient for the identification, shall be given by the planning board at the expense of the applicant by advertisement in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the  land included in such plan as appearing on the most recent tax list; provided, however,  that when the planning board is also the special permit granting authority for any special permit applicable to such plan, the planning board may hold the definitive plan public hearing together with the public hearing required by section nine of chapter forty A, and allow for the publication of a single advertisement giving notice of said consolidated hearing.