Hearing timelines, constructive approvals to recommence Dec. 1

Gov. Charlie Baker today signed a fiscal 2020 supplemental budget bill (Chapter 201 of the Acts of 2020) that includes language to recommence hearing timelines and constructive approvals as of Dec. 1.

Under sections 33-38 of the law, permit-granting authorities that are unable to conduct meetings and public hearings remotely, due to lack of broadband or other technical limitations, can apply for a waiver from the secretary of Housing and Economic Development.

The Department of Housing and Community Development issued an advisory to all municipalities on Oct. 5 urging them to “conduct remote hearings on all applications for permits or approvals related to housing production.”

The advisory, from Undersecretary Jennifer Maddox, cites “the critical need for housing production in the Commonwealth” and points out that Chapter 53 of the Acts of 2020, enacted in April, allows permit-granting authorities to conduct meetings and public hearings remotely, consistent with the governor’s March 12 order suspending certain provisions of the Open Meeting Law during the COVID-19 state of emergency.

Chapter 53, enacted at a time when only essential businesses were allowed to be open, suspended requirements that municipal boards conduct public hearings on permit applications within a specific time and tolled any constructive approvals.

Municipal officials and planning departments report that they have been working diligently under difficult circumstances to create new processes and procedures in order to hold remote meetings and hearings. Many communities have been able to successfully conduct meetings and hearings and continue to process permit applications.