The Feb. 12 meeting of the Hudson Planning Board had its members unexpectedly address a procedural issue when its members received important information before a meeting.
Board member Victor Oates complained he did not have enough time to review the details of the upcoming presentation before the meeting, making it impossible to make an informed decision.
“According to our Hudson Planning Board rules of procedure section 68b, all Board members are required to receive meeting packets containing agendas and supporting documents seven days prior to a meeting. Unfortunately, nobody on this board received these materials within the required time frame, with most of them coming within the last 24 hours, some coming in within the last 48 hours,” said Oates. “When digging into a little bit more of it I discovered one of the packages was over 500 pages in length. I have a full-time job; I do not have the ability to review 500 pages in 24 hours.”
With several presentations scheduled for the night, he worried there was not enough time to prepare and suggested moving two key presentations to a later meeting.
Not every member agreed this was a problem.
“It’s not very specific in our bylaws,” noted Chair Tim Maley. “We do receive electronic copies seven days prior, though it’s absolutely this Board’s decision as to whether electronic copies are sufficient under our bylaws, or if it’s the paper copies.”
Oates alleged that even his digital meeting packet for the Feb. 12 meeting came in later than the bylaws dictated.
“I received my electronic copy via email with a link less than five days, or roughly five days prior to this meeting,” he said.
Board member James Crowley got his electronic agenda well in advance of the meeting, with a notable delay with other documents and physical copies.
“It was posted way back on Jan. 31 with the agenda, but it seems like there’s a period in there where the Planning staff has their fingers crossed that they’re going to get everything out electronically a few days ahead,” he said. “I got my paper packet just this Monday and I know the Planning staff has to work hard to get everything together in time.”
Crowley thought the Planning Board should focus more on electronic copies, saying it was “almost impossible” to get paper packets delivered on time. He also pointed out inconsistencies between digital and physical paperwork.
“I noticed sometimes the electronic doesn’t agree with the paper,” said Crowley.
Board member Tim Lyko confirmed he had many of the same issues, although he argued that the Planning Board had enough time to effectively review what they needed.
“I consistently get emailed from town staff on Thursdays, which is only six days, but every time they say ‘the digital copies are up,’ and most of the time those copies are better than the printed ones,” he claimed. “I think six days is enough for me.”
Lyko cited the recent 500-page application as an example of why he found electronic copies more convenient.
Vice-Chair Jordan Ulery asked if suspending the rules was possible, worrying that a vote declaring the Planning Board violation of its bylaws would negate the meeting, including routine items like the approval of minutes and a bond reduction.
“The bylaws are the Board’s own rules for its procedure and you can always vote to suspend them if you wish,” said Interim Town Planner Jay Minkarah. “They are not the same things as regulations, where you’d have to go through a waiver process or an ordinance.”
Selectmen Bob Guessferd expressed concern over suspending the rules, but believed there was a “greater good to hear these cases.”
“This isn’t a one-off,” warned Oates, who strongly opposed suspending the bylaws. “This sets a dangerous precedent as a Board, for what we could be doing and what applicants and Board members can get away with. Why even have the bylaws?”
The Board eventually voted to suspend their bylaws with the stipulation they would not hold any other binding votes. After that decision, both presenters chose to defer their site plan applications to a future meeting, expressing a desire to wait until every Board member had time to review the necessary paperwork. No cases were heard at the Feb. 12 meeting.
The Planning Board is scheduled to meet again on Wednesday, Feb. 26 at 7 p.m. at Town Hall.
