An Abutter's Guide to the Planning Board Permitting Process

The Planning Board has prepared this guide to explain what you, as an abutter to a proposed development project, can expect during the process of review of this project. It is not intended to be a legal guide, but to help you understand how to participate in hearings, get information and best communicate any concerns. To reach the Planning Board, please contact our office at 508‐644‐2201 ext. 6 or email planning@freetownma.gov. 

Who is Notified of a Proposed Development Project?  The Town of Freetown By-laws requires that all property owners within 300-feet of a proposal requiring a public hearing are notified by the applicant by mail. All public hearings are also legally advertised in a local newspaper at least 10 days prior to the hearing.

How Can I Find Out More About What is Proposed? Residents are encouraged to contact the Planning Board office or the Applicant to ask questions. The application and proposed plan are on file at the Planning Board office and posted on the Planning Board's page on the Town website. You are welcome to review this information and may pay for any hard copies of any information that you would like to keep. Since staff is often conducting site visits or in meetings, it is best to make an appointment.

What Should I Expect At the Public Hearing? At the hearing, the applicant or property owner will present plans and explain what is proposed. The Planning Board members will ask questions and the Chairperson will provide an opportunity for anyone in the audience to ask questions or offer an opinion as it relates to the Planning Board's purview. Since the Planning Board reviews several projects in an evening, hearings last only for a specified period of time. At the end of this time, the hearing may be either closed (if there is no more information to be received) or continued to a specific date and time (if the Planning Board needs additional information). Additional notifications of continuations are not mailed. Planning Board agendas are posted on the Town website no less than 48 hours before a meeting date.  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 or email the Planning Board office.

What Issues Does The Board Consider? State law and Town of Freetown By-laws and regulations define the scope of issues that the Board can consider in reviewing projects. In presenting testimony (oral or written) it is most helpful to focus on these issues. A copy of these regulations are available on the town website www.freetownma.gov and may be purchased at the Office of the Town Clerk.

Presenting Testimony at Public Hearings

• You must be recognized to speak by the chairperson.
• State your name and address for the record before you speak.
• Use the proposed plan to point out concerns or questions.
• State all 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 of the applicant, they must be addressed to the Board chairperson. 
• Issues relating to the project that are within the scope of the Board may be presented. Issues such as wetlands are outside of the Board's authority to review.
• It is fine to just say “I agree with Mr. Smith about that drainage issue” rather than restating the same concerns.

How Can I Make My Concerns Known if I Cannot Attend? Comments can be submitted in writing prior to the close of the public hearing. As with all testimony (oral and written), it is most helpful to raise concerns early in the process. Send written comments to planning@freetownma.gov. If you would like your comments to be considered for a meeting, the deadline is the Thursday prior to the Tuesday meeting.

What Happens After the Hearing?
After the hearing is closed, no new information can be submitted. The Board deliberates and votes on the proposed project. 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 any waiver requests at this time. The decision is voted on and filed with the Town Clerk by the decision deadline.

Will I Be Notified of the Decision? You may request a copy from the Planning Board office by emailing planning@freetownma.gov or contacting the Office of the Town Clerk. The property owner is also required to record the decision at the Fall River Bristol Registry of Deeds after the appeal period has passed.

How Can I Appeal?
Appeals may be made to Superior Court (and in some cases Land Court). For subdivision and special permit decisions, there is a 20‐day appeal period (from the date the decision is filed with the Town Clerk). (per Massachusetts General Laws Chapter 40A Section 17). You will not receive notice of any appeals filed by other parties (such as the applicant).

Subdivisions
The Board acts on subdivisions based on the authority in the Massachusetts Subdivision Control Law and the Rules & Regulations of the Planning Board Governing the Subdivision of Land (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.

Site Plan Review
All Site Plans shall be prepared in compliance with the Freetown Zoning Bylaws and the Town of Freetown Planning Board Rules and Regulations governing Site Plan Approval. Along with all applicable site plan standards of the Architectural Access Board, American Disabilities Act, AASHTO and any other local, state, and federal standards not specifically enumerated herein. In the event there is a conflict in standards, the jurisdictional standard shall apply, unless otherwise waived by the Planning Board.

Special Permit Granting Authority
Special Permits shall only be issued when specific requirements of the Town of Freetown Protective By‐Laws, the Rules and Regulations of the Planning Board as Special Permits Granting Authority or of Chapter 40A General Laws are met and may be subject to conditions and limitations necessary to safeguard public health, safety and welfare. As a condition of issuance of a special permit, the special permit granting authority shall find that the proposed use will not be detrimental to the established or future character of the neighborhood and the town, and that adequate provisions have been made for safe and convenient access, egress, parking, drainage, screening, buffer strip, water supply, light, air and the required customary and emergency services.