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Select Board adopts substitute motions on accessibility/zoning articles and debates hearing vs. meeting procedures
Summary
The Select Board voted to adopt a substitute motion for Article 14 (zoning/bylaw language on accessibility) and reconsidered Article 15; town counsel and staff debated whether planning-board hearings or meetings that accept public comment raise ADA/fair-housing issues, and the board accepted language limiting public comment to specific topics.
The Town of Brookline Select Board on May 27 adopted the Select Board’s substitute motion for Article 14 and then voted to reconsider Article 15 so members could reassess their positions in light of the change.
Town counsel (unnamed) and town staff advised the board on legal risks if the bylaw required a hearing rather than a meeting. Town counsel told the board there is no prohibition under the zoning bylaw for the planning board to hold a meeting and accept public comment, but making a bylaw that required a formal hearing could risk treating people with disabilities differently; counsel recommended preserving the planning board’s discretion and confining any public-comment process…
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