An Act providing for the appointment of associate members of the Planning Board of the town of Tisbury to fill vacancies on the board

194th Legislature (2025-2026) Introduced by Thomas Moakley

Tisbury may appoint up to two five‑year associate Planning Board members to participate when regular members are absent, conflicted, or vacancies exist.

Read second and ordered to a third reading

Purpose and intent

The bill authorizes the Town of Tisbury (Barnstable/Dukes/Nantucket area) to appoint up to two associate members to its Planning Board. The appointments would be for five-year terms.

The primary aim is to provide flexibility for the Planning Board to have designateable members who can participate when regular members are absent, unable to act, have conflicts of interest, or when vacancies exist, ensuring continued operation on matters within the Board’s jurisdiction.

Key provisions and changes

Section 1:

Overrides the fourth sentence of the eleventh paragraph of section 9 of Chapter 40A (Massachusetts Zoning Act) and any other contrary law.
The Select Board and Planning Board of Tisbury, by a majority vote of the combined boards present and voting, may appoint up to two associate members to the Planning Board.
Associate members may serve five-year terms.
In situations where current Planning Board members are absent, unable to act, have conflicts of interest, or vacancies exist, the Planning Board chair may designate one or both associate members to sit on the Planning Board.
Designated associate members may participate in actions under the Board’s jurisdiction, including matters under Chapter 41 (Subdivisions) or Chapter 40A (Zoning) of the General Laws.

Section 2:

The act takes effect upon passage.

Who or what is affected

The Town of Tisbury’s Planning Board and its processes under Chapter 40A and Chapter 41 of the General Laws.

The Select Board of Tisbury (as a joint appointing authority with the Planning Board).

Potential associate members (individuals appointed by the combined boards) who would serve five-year terms.

Matters before the Planning Board, including zoning, subdivision, and related planning matters, could be acted upon by associate members when designated.

Procedural and timeline aspects

Appointment authority: Joint action by the Town’s Select Board and Planning Board, acting by majority vote of the combined boards present and voting.

Term length: Five-year terms for associate members.

Activation: Associate members can sit and act on matters when designated due to absence, incapacity, conflicts, or vacancies; otherwise, they are not part of regular proceedings.

Effective date: Takes effect upon passage of the act.

Status: The bill is a local provision subject to local approval; it has a formal action history indicating referral to a Municipalities and Regional Government committee.

Practical impact

Provides a mechanism to maintain Planning Board capacity and timely decision-making in Tisbury by appointing associate members who can participate when needed.

Could improve continuity on planning and zoning matters, especially in cases of vacancies or conflicts among regular members.

May alter voting dynamics if associate members participate in deliberations and votes on certain matters.