11 March, 2011
The Planning Board is considering a zoning by-law change which would strip Hopkinton businesses of their rights to appeal a Site Plan Review decision to the zoning Board of Appeals, the town’s quasi-judicial administrative body, and force businesses to file litigation against the Town in the event they don’t like a Planning Board Site Plan Review decision. On March 8, 2011, the Hopkinton Chamber of Commerce Board of Directors voted 17-0 to oppose this proposed zoning By-law change.
Under state law, the Board of Appeals was established to hear appeals by “any person aggrieved” “as the zoning ordinance or by-law may provide”. Under the current system, any decision by the Director of Municipal Inspections to issue or deny a building permit, or to issue an enforcement order as Zoning Enforcement Officer, may be appealed to the Board of Appeals. Also, any decision by the Historical Commission to deny a demolition permit or unreasonably delay demolition may be appealed to the Board of Appeals. And, under the current system, any Decision of Site Plan Review by the Planning Board may be appealed to the Board of Appeals before litigation is required. The Planning Board will consider a By-law change to exempt its decisions from this process.
Appeals to the Board of Appeals provide landowners, including individuals and businesses, with an expedited cost efficient remedy to address grievances without the need for litigation. Instead of floundering in the Courts for years, a complaint can be addressed by the Town in an administrative manner in a fair and objective forum in a short period of time, generally a few weeks or months. If disputes remain unresolved after this administrative process, litigation is always available as the next step.
Whenever possible, the Town needs to make every effort to resolve disputes involving the Town’s regulatory boards in an “in-house” administrative process. Litigation against the town should not be the first preferred option, but the last resort. Resolving disputes without litigation is in everyone’s interest, including businesses in town, the Town itself, and the taxpayers. Forcing businesses to sue the town, when an “in-town administrative process” is already in place, would be the most “unfriendly”, “anti-business” change the town could adopt.
And, why would the citizens of the Town want to encourage litigation against the Town? Haven’t the taxpayers of Hopkinton already seen in the past too much litigation and town resources wasted on attorney fees defending needless litigation?
Hopkinton’s Master Plan encourages business development to bring additional services and employment opportunities to the Town. Hopkinton wants to increase its commercial tax base to help pay for the education of our children and to increase tax revenues for much needed town services. Hopkinton needs to remain “business-friendly” for businesses to grow and succeed in Hopkinton.
The Planning Board is holding a PUBLIC HEARING on this proposed change on Monday, March 14, 2011 at 7:30 PM at Town Hall. The Hopkinton Chamber of Commerce urges you to attend this public hearing and voice your opposition to this proposed by-law change which would strip businesses of their existing rights to an efficient and cost effective avenue for appeals.
