Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?
Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board and Board of Selectmen, the subcommittee has refused to share drafts with the public and have only done so after repeated Requests for Information including an appeal to the Secretary of State. A faction within the subcommittee is determined on a certain course of action which has wide public disapproval. The statute specifies the Plan be approved by the Planning Board and BOS. Is it feasible to demand an STM warrant that compels the BOS to get a public vote and approval before submitting the HPP to the Massachusetts Department of Housing and Community Development (DHCD)? Thank you.
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A:
Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the HPP to a public vote. The statute does not require public approval of the HPP before it is submitted to the Massachusetts Department of Housing and Community Development (DHCD).
However, you can use the STM as a platform to express public disapproval and urge the BOS to consider a public vote voluntarily. This could put significant pressure on the BOS to act in accordance with the wishes of the town's residents. Gathering community support and presenting a united front during the STM can be a powerful way to influence the decision-making process.
Additionally, ensuring transparency and continued public input is crucial. If the subcommittee is not sharing drafts or considering public input, raising these concerns during the STM and through other public forums can help hold them accountable. You might also consider pursuing further appeals to the Secretary of State or other relevant authorities to ensure compliance with public records and transparency laws.
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