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HomeMy WebLinkAboutZONING ENABLING ACT ' JOHN J. LYONS TOWN CLERK NO. ANDOVER, MAS&. RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND (CITY OR TOWN), MASSACHUSETTS Purpose . . 00 1 Section I. Authority . . . . . . . . . . . . . . . . . 1 Section II. General . . . . . . . 1 A. Definitions B. Plan Believed Not to Require Approval C. Subdivision Section III, Procedure for the Submission and Approval of Plans 2 A. Preliminary Plan 1. General 2, Contents 3, Tentative Approval B. Definitive Plan 1, General 2, Contents 3. Performance Guarantee 4. Review by Board of Health as to Suitability of the Land 5, Public Hearing 6. Certificate of Approval Section IV. Design Standards 6 A. Streets B. Easements C. Open Spaces D. Protection of Natural Features Section V. Required Improvements for an Approved Subdivision 7 A. Street and Roadway B. Utilities C. 'Sidewalks D. Monuments Section VI. Administration 9 A. Variation B. Reference Form A. Application for Endorsement of Plan Believed Not to Require Approval Form B. Application for Approval of Definitive Plan w 1 • RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND NORTH ANDOVER, MASSACHUSETTS (Adopted under The Subdivision Control Law Sections 81-K to 81-GG inclusive, Chapter 41, G.L.) PURPOSE (Section 81-M of Chapter 41 G.L.) "The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of a planning board and of a board of appeal under the subdivision control law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and con- venient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary in a subdivision; and for co-ordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdi- visions. ,, SECTION I. AUTHORITY Under the authority vested in the Planning Board of the Town of North Andover by Section 81-Q of Chapter 41 of the General Laws, said Board hereby adopts these rules and regulations governing the subdivision of land in the Town of North Andover, Such rules and regulations shall be effective on and after the 10th day of January 1955, SECTION II. GENERAL A. Definitions 'Subdivision" shall mean the division of a tract of land into two or more lots in such manner as to require provision for one or more new ways, not in existence when the subdivision control law became effective in the Town of North Andover, to furnish access for vehicular traffic to one or more of such lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or terri- tory subdivided. "Board" shall mean the Planning Board of the Town of North Andover. .. 2 r B. Plan Believed Not to Require -Approval Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivion Control Law, may sub- mit his plan and application Form A (see Appendix) to the Planning Board accompanied by the necessary evidence to show that the plan does not re- quire approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk statim the date of submission for such de- termination and accompanied by a copy of said application. If the Board determines that the plan does not require approval, it shall without a public hearing and within fourteen days of submission endorse on the plan the words "Planning Board approval under Subdivision Control Law not required". Said plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action. If the Board determines that the plan does require approval under the Sub- division Control Law, it shall within fourteen days of submission of said plan so inform the applicant and return the plan. The Board shall also notify the Town Clerk of its determination. 0. Subdivision No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted to and approved by the Plan- ning Board as hereinafter provided. SECTION III. PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS A. Preliminary Plan 1. General A Preliminary Plan of a subdivision may be submitted by the subdivider for discussion and tentative approval by the Board. The submission of such a Preliminary Plan will enable the subdivider, the Board, other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that a Prelim- inary Plan be filed in every case. 2. Contents The Preliminary Plan may be drawn on tracing paper with pencil at a suitable. scale and [two] prints shall be filed at the office ofthe Board. Said Preliminary Plan should show sufficient information about the sub-division to form a clear basis for discussion of its problems and for the preparation of the Definitive Plan. r _ 3 _ Such information will include major site features such as existing stone walls, fences, buildings, large trees, rock ridges and outcroppings, swamps and water bodies, and existing topography as required, together with the information required by items "a" to "[d]", inclusive, of the Contents of Definitive Plan (Section III-B-2). During discussion of the Preliminary Plan the complete information required for the Definitive Plan (Section II-B-2 Contents) and the financial arrangements (Section III-B-3 Performance Guarantee) will be developed. 3. Tentative Approval The Planning Board may give such Preliminary Plan its tentative approval, with or without modification. Such tentative approval does not consti- tute approval of a subdivision but does facilitate the procedure in securing final approval of the Definitive Plan, B. Definitive Plan 1. General Any person who submits a Definitive Plan of a subdivision to the Planning Board for approval shall file with the Board the following: a. An original drawing of the Definitive Plan and [three] contact prints thereof, dark line on white background. The original drawing will be returned after approval or disapproval. b. A properly executed application Form B (see Appendix). c. A deposit of 015 to cover the cost of advertising and notices. The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval and accompanied by a copy of the completed application (Form B). 2. Contents The Definitive Plan shall be prepared by an engineer or surveyor and shall be clearly and legibly drawn in black India ink upon tracing cloth. The plan shall be at a scale of one inch equals [forty] feet or such other scale as the Board may accept to show details clearly and adequately. Sheet sizes shall preferably not exceed 24" x 36". If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The Definitive Plan shall contain the following information: a. Subdivision name, boundaries, north point, date and scale. b, Name and address of record owner, subdivider and engineer or surveyor. c, Names of all abuttors as they appear in the most recent tax list. r 4 r d. Existing and proposed lines of streets, ways, lots, easements, and public or common areas within the subdivision. (The proposed names of proposed streets shall be shown in pencil until they have been approved by the Board. ) as Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to estab lisp these lines on the ground. f. Location of all permanent monuments properly identified as to whether existing or proposed. g. Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. h. Suitable space to record the action of the Board and the signatures of the members of the Board (or officially authorized person). Items i, j and k may be submitted on the same sheet as the Definitive Plan or on separate sheets. I. Existing and proposed topography at a suitable contour interval as required by the Board. J. Profiles on the exterior lines of proposed streets at a horizontal scale of one inch equals [forty] feet and vertical scale of one inch equals [four] feet, or such other scales acceptable to the Board. All elevations shall refer to the town datum. k. Proposed layout of storm drainage, water supply and sewage disposal systems. 3. Performance Guarantee a. Final approval with bonds or surety. Before approval of a Definitive Plan of a subdivision, the subdi- vider shall either file a performance bond or deposit money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Section V, or follow the procedure outlined in "b" below. Such bond or security if filed or deposited shall be ap- proved as to form and manner of execution by the Town Counsel and as to sureties by the Selectmen, and shall be contingent on the completion of such improvements within [two] years of the date of the bond. b. Final approval with conditions Instead of filing a bond or depositing surety, the subdivider may request approval of his Definitive Plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon until the improvements specified in Section V are con- - 5 - structed and installed so as to serve the lots adequatelys Such conditions shall be endorsed upon the plan or contained in a sep- arate vote or agreement which shall be referred to on the plan and recorded in the Registry of Deeds. When the subdivider hes com- pleted the required improvements specified in Section V for any lots in a subdivision, he may request a Release of Conditions for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the subdi- vider such Release, which shall be in form for recording in the Registry of Deeds. Thereafter the conditions relating to such lots and so released shall terminate. 4. Review by Board of Health as to Suitability of the Land The Planning Board shall within ten days after submission of a plan to it consult with the Board of Health (or other like board of officer). If the Board of Health is in doubt as to whether any of the land in the subdivi- sion can be used as building sites without injury to the public health, it shall so notify the Planning Board in writing within thirty days. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land as to which such doubt exists shall not be built upon without prior consent of the Board of Health, and shall endorse on the plan such condition, specifying the lots or land to which said con- dition applies. Any lot so located that it cannot be served by a connection to the muni- cipal sewer system shall be provided with a cesspool or septic tank and drain-field satisfactory to the Board of Health. 5. Public Hearing Before approval of the Definitive Plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Board at the expense of the applicant at least ten days prior thereto by advertisement in an official publication of, or in a newspaper of gen- eral circulation in the Town of North Andover. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list. 6. Certificate of Approval The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by de- livery or registered mail to the applicant. If the Board modifies or dis- approves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Board (or by the signature of the person officially authorized by the Board) but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shall furnish the Board with [three (3)] prints thereof. _ g _ Final approval of the Definitive Plan does not constitute the laying out or acceptance by the town of streets within a subdivision. SECTION IV. DESIGN STANDARDS Note to Planning Boards: The provisions of this section may be modified to meet local needs, condi- tions or requirements. A. Streets 1. Location and alignment a. All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maxi- mum livability and amenity of the subdivision. b. The proposed streets shall conform to the Master or Study Plan as adopted in whole or in part by the Board. c. Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided. d. Reserve strips prohibiting access to streets or adjoining property shall not be permitted, except where, in the opinion of the Board, such strips shall be in the public interest. e. Street jogs with centerline offsets of less than [one hundred and twenty-five (125)] feet should be avoided. f. The minimum centerline radii of curved streets shall be [one hundred (100)3 feet. Greater radii may be required for principal streets. g. Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less that [sixty (60)3 degrees. h. Property lines at street intersections shall be rounded or out back to provide for a curb radius of not less than [twenty (20)] feet. 2. Width a. The minimum width of street rights-of-way shall be [forty (40)] feet. Greater width shall be required by the Board when deemed necessary for present and future vehicular travel. - 7 - 3. Grade a. Grades of streets shall be not less than [0.5$] . Grades shall not be more than [6.0%) for principal streets nor more than [12.0%) for secondary streets. 4. Dead-end Streets a. Dead-end streets shall not be longer than [five hundred (500) ) feet unless) in the opinion of the Board, a greater length is necessitated by topography or other local conditions. b. Dead-end streets shall be provided at the closed and with a turn- around having an outside roadway diameter of at least [one hundred (100)] feet, and a property line diameter of at least [one hundred and twenty (120)3 feet. B. Easements 1. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least [fif- teen (15)3 feet wide. 2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary purposes. 0. Open Spaces Before approval of a plan the Board may also in proper cases require the plan to show a park or parka suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval. D. Protection of Natural Features Due regard shall be shown for all natural features, such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. SECTION V. REQUIRED IMPROVEMENTS FOR AN APPROVED SUBDIVISION Note to Planning Boards: The provisions of this section may be modified to meet local needs, condi- tions or requirements. A. Street and Roadway 16 the entire area of each street or way shall be cleared of all stumps, brush, roots, boulders, like material and all trees not intended for preservation. 2. All loam and other yielding material shall be removed from the roadway area of each street or way and replaced with suitable material. 3. All roadways shall be brought to a finished grade as shown on the pro- files of the Definitive Plan with at least the top [twelve (12)] Inches consisting of well-compacted binding gravel to a width of at least [twenty-five (25)3 feet. 4. The completed gravel surface shall be treated for the full width of the roadway with one application of asphalt or tar as specified by the Highway Department at the rate of [one (1)] gallon per square yard of area of roadway. After being subjected to traffic for a period of at least thirty days, a second application at the rate of [one-quarter (1/4)3 gallon per square yard shall be used as a seal coat. The ini- tial and seal applications shall each be covered with sand evenly dis- tributed. B. Utilities 1. Sewer pipes and related equipment, such as manholes and connecting Y'a, shall be constructed in conformity with specifications of the Board of Public Works. 2. Adequate disposal of surface water shall be provided. Catch basins shall be built in conformity with specifications of the Highway De- partment on both sides of the roadway on continuous grades at inter- vals of not more than [four hundred (400)) feet, at low points and sags in the roadway and near the corners of the roadway at intersect- ing streets. 3. Water pipes and related equipment, such as hydrants and mein shut-off valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications of the Board of Public Works. C. Sidewalks 1. Sidewalks of not less then [four (4)] feet in width shall be con- structed on (potQ side (63 of the street in conformity with speci- fications of the Highway Department when, in the opinion of the Board, such sidewalks are hecessary. D. Pbnuments 1. Yonuments shall be installed at all street intersections, at all points of change in direction or curvature of streets and at other points where, In the opinion of the .Board, permanent monuments are necessary. Such monuments shall conform to the standard specifications of the Highway Department and shall be set according to such specifications. No q - permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed. Note to Planning Boards: Provisions for curbing, gutters, street signs, trees and clearing-up operations may be included in this section if nec- essitated by local requirements or deemed advisable for each community by its re- spective Board. SECTION VI. ADMINISTRATION A. Variation Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. B. Reference For matters not covered by these rules and regulations, reference is made to Sections 81-K to 81-GO, inclusive, of Chapter 41 of the General Laws. C. Form C Form C must be completed and endorsed by the proper agency and submitted to the Building Inspector before s building permit will-be-issued. FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the City (or Town) Clerk in accordance with the requirements of Section II-B. (City or Town), Mass., 19- To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City (or Town) of doers not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for determin- ation and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Address 2. Name of Engineer or Surveyor. Address 3. Deed of property recorded in Registry, Book Page 4. Location and Description of Property: Signature of Owner Address FORM B APPLICATION FOR APPROVAL OF DEFINITIVE PLAN File one completed form with the Planning Board and a copy with the City (or Town) Clerk in accordance with the requirements of Section III-B. (City or Town), Mass., 19 To the Planning Board: The undersigned herewith submits the accompanying Definitive Plan of property located in the City (or Town) of for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the City (or Town) of 1. Name of Subdivider Address 2. Name of Engineer or Surveyor Address 3. Deed of Property Recorded in Registry., Book Page 4. Location and Description of Property: Signature of Owner Address A list of the Names and addresses of the abuttors of this subdivision is attached. Verification will be made by the Planning Board. FORM C APPROVAL OF PROPER AGENCIES PLANNING BOARD DATE BOARD OF PUBLIC WORKS DATE BOARD OF HEALTH DATE HIGHWAY SURVEYOR DATE BUILDING INSPECTOR DATE JOHN J. L YONI,: ' T0%Avti CLERK - No. A. ;�ov�z, MASS. r THE ZONING ENABLING ACT L ' C H A P T E R 4 0 A G E N E R A L L A W S �r 334 BOYLSTON STREET BOSTON AUGUST 1864 v: r WmA .7JY- WQ/"'^^""� `'""""`.• �" COMMISSIONER COPLEY 7-5600 July 1954 Legislation enacted during the 1954 session of the General 1 Count of the Commonwealth of Massachusetts has revised the zonizW enabling provision of the state. Sections ZS-30B of Chapter 40 have bjen eLininated and re, ' placed by a new chapter designated as' Chapter 40A9 The Zoning Enabling Act. While the new chapter is mainly a rearrangement and re- codification of Sections 25-30B, six definite and important features or provisions have been added. A discussion of these six features is also included in this publication. Chapter 40A was enacted as Chapters 368 and 551 of the Acts of 1954, both of which will become effective ninety days after enactment of Chapter 368 or August 1,, 1954• No exist- ing zoning ordinance or by-law will be affected by this new "Zoning Enabling Act". However, two new items of procedure will be required of Boards of Appeals: Lists of procedural steps for adoption and amendment of zon- ing by-laws by towns are appended. The Division of Pjaw ing of the Massachusetts Department of Commerce has prepared this annotation of "The Zoning Enabling Act" as revised and enacted for the use of Planning Boards, Boards of Appeal, municipal officials and others interested in planning and zoning. Richard Preston li Commissioner ' CONTENTS Foreword Page ' Chapter 368 of the Acts of 1954 ----___-_..---------------- 1 Chapter 551 of the Acts of 1954 --___-.____-_.___----__�__e 1 ' Chapter 40A General Laws Section 1. Citation--------------—_ -______---_ 2 Section 2. Purpose of Zoning---------------------- 2 Section 3. Purposes of Regulations---------------- 3 ' Section 4. Exceptions------------_.-__-___Y___ 3 Section 5. Non-conforming Uses------------ ----' 3 Section 6. Adoption and Amendment----------—_—--- 4 ' Section 7. Two-thirds vote for Amendment---------- 4 Section 8. Repetitive Petitions for Amendment----- 5 Section 9. Approval by Attorney General----------- 5 Section 10. Exemption of Utilities_________________ 5 ' Section 11. Building Permits----------------------- 6 Section 12. Withholding of Permits--__-____.._—__— 6 Section 13. Basis for Appeals----------------------- 7 ' Section 14. Board of Appeals----------------------- 7 Section 15. Powers of Board of Appeals------------- 8 Section 16. Procedure for Appeals------------------- 8 Section 17. Public Hearing----------------------- 8 Section 18. Rules of Board of 9 Section 19. Authority of Board of Appeals---------- 9 Section 20. Repetitive Petitions to Board of Appeals-10 ' Section 21. Appeal to Superior Court-------------- 10 Section 22. Enforcement by Superior Court----------- 11 ' New Provisions of Chapter 40A Flood Plain 12 Building Permit at Time of Adoption or - Amendment--- 12 Building Permit fron Selectmen------------ - 13 Notice of Hearing to Planning Board---------------- 13 Notice of Decision of Board of Appeals to Planning Board and others-------------------------------— 14 Granting of Exceptions by City Council or Selectmen- 14 Procedure for Adoption of Zoning By--law by Towns---------- 15 Procedure for Amendment of Zoning By-law by Towns--------- 16 Procedure for Submission of Zoning By-law or Amendment to Attorney General--------------------------------------- 17 CHAPTER 368 OF THE ACTS OF 195A AN ACT TO AMEND THE ZONING ENABLING LAW ' SECTION 1. Chapter 40 of the General Laws is hereby amended by strik- ing out sections 25 to 30-B, inclusive. SECTION 2. The General Laws are hereby amended by inserting after chapter 40 the following new chaptcr:- CHAPTER 40A ZONING REGULATIONS (published on following pages and including amend- ment by chapter 551 of the Acts of 1954, see below) SECTION 3. The provisions of chapter forty A of the General Laws, so far as they are the same as those of sections twenty-five to thirty B, inclusive, of chapter forty of the General Laws, shall be construed as continuations of said provisions, and the enactment of this statute shall not affect the validity of any action lawfully taken under said ' provisions prior to the effective date of this act. Approved May 3, 1954 Effective August 1, 1954 CHAPTER_551 OF THE, ACTS OF 954 ' AN,_40T PROVIDING_FOR THE DESIGNATION,_OF' ASSOCIATE MET ERS OF BOARDS OF APFW WDER TILE ZONING ENABLING ACT ' SECTION 1. Section 14 of Chapter 40A of the General Laws, as appearing in Section 2 of chapter 368 of the Acts of 1954, is hereby amended by striking out the last sentence and inserting in place thereof the follow- ing sentence:- Such ordinances or by-laws may provide for the appoint- ment in like manner of associate members of the board of appeals; and in case of a vacancy, inability to act, or Interest on the part of a member of said board, his place may be taken by an associate menber ' designated by the chairman. SECTION 2. This act shall take effect on the surae date on which chapter 1 three hundred and sixty-eight of the acts of nineteen hundred and fifty- four takes effect. ' Approved June 3, 1954 Effective August 1, 1954 i � 1- CHAPTER 40A GENERAL LAWS SECTIONS l to 22 IN=SIVE ZONING REGULATIONS CITATION gin. This chapter shall be known and may be cited as "The Zoning Enabling Act". PURPO OF ZONINGS For the purpose of promoting the health, safety, convenience, morals or wel- fare of its inhabitants, any city, esoapt Boston, and any town, may by a zoning ordin- ance or by-law regulate and restrict the ' height, number of stories, and size of build- ings and structures, the size and width of lots., the percentage of lot that may be occu- pied, the size of yards, courts and other open spaces, the density of population, and the lo- cation and use of buildings, structures and land for trade, industry, agriculture, resi- dence or other purposes; provided, however, Limitation of chureb that no ordinance or by-law which prohibits or uses invalid limits the use of land for any church or other religious purpose or for any religious, sectarian or denominational educational pur- pose shall be valid. For any or all of such purposes a zoning ordin- Zoning districts anoe or by-law may divide the municipality in- to districts of such number, shape and area as ' may be deemed best suited to carry out the purposes of this chapter, and within such dis- tricts it may regulate and restrict the erect- ion, constructions, reconstruction, alteration or use of buildings, and structures, or use of land, And may prohibit noxious trades within the municipality or any specified part thereof. All such regulations and restrictions shall be Uniformity within uniform for each class or kind of buildings, district structures or land, and for each class or kind ' of use, throughout the district, bat the regu- lations and restrictions in one district may differ from those in other districts. Due re- gard shall be paid to the characteristics of ' the different parts of the city or town, and the zoning regulations in any city or town sha71 be the same for zones, districts or streets having substantially the same character. A Flood plain zoning zoning ordinance or by-law may provide that lands doe-Lied subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof. -2- PURPOSES OF REGULATIONS Seetion, �. Zoning regulations and restrict- ions shall be designed among other purposes to lessen congestion in the streets; to conserve health; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transpor- tation, water, seweraga, schools, parks and other public requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the city or town; and to preserve and increase its amenities. EXCEPTIONS Seatiq,;}_/. A zoning ordinance or by-law may provide that exceptions may be allowed to the regulations and restrictions contained therein which shall be applicable to all of the dis- tricts of a particular class and of a character set forth in such ordinance or by-law. Such exceptions shall be in harmony with the gen- eral purpose and intent of the ordinance or by-law and zay be subject to general or specific rules therein contained. The board I By Board of Appeals or of appeals established under section fourteen City Council or Selectmen of such city or town, or the city council of if so provided such city or the selectmen of such town, as such ordinance or by-law may provide, may, in I appropriate cases and subject to appropriate conditions and safeguards, grant to an appli- cant a special penin to make use of his land ' or to erect and maintain buildings or other structures thereon in accordance with such an exception. Before granting such a special per- Public hearing mit the board of appeals, or the city council or the selectmen if the ordinance or by-law so provides, shall hold a public hearing thereon, notice of which shall be given in accordance ' with section seventeen. NON-CONFORMING USES Section5. Except as provided in section ' (exemption of existing eleven;a zoning ordinance or by-law or any a- uses) mendment thereof shall not apply to existing buildings or structures,nor to the existing use of any building or structure,or of land 'CIC the extent to which it is used at the time of adopt- ion of the ordinance or by-law,but it shall ., % Change of use and alter- apply to any change of use thereof and to any ation of building alteration of a building or structure when the sane would amount to reconstruction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put be- fore alteration, or for its use for the same ' Non-use of non-ccaform- purpose to a substantially greater extent. ing structures Such an ordinance or by-law -3- may regulate non-use of non-conforming build-. ' ings and structures so as not to unduly pro- long the life of non-conforming uses; provided, Agricultural exemption that no such ordinance or by-law shall so regu- late the non-use of non--conforming land used 1 � for a riculture horticulture or floriculture ure t where such non-ruse has existed for less than five years. ADOPTION AND AMEMMIENT Section 6. Zoning ordinances or by-laws mw be adopted and from time to time be changed by ' amendment, addition or repeal, but only in the manner hereinafter provided. No zoning ordin- ance or by-law originally establishing the boundaries of the district or the regulations and restrictions to be enforced therein, and no such ordinance or by-law changing the same as aforesaid, shall be adopted until after the tplanning board, if any, or, in a town having no such board, the board of selectmen, has held a Public hearing and re- public hearing thereon after due notice given ' port by Planning Board and has submitted a final report with recommen- dations to the city council or town meeting, or until twenty days shall have elapsed .after such hearing without the submission of such report; provided, that, in case of a proposed ordinance or by-law originally establishing the boundaries of the districts or the regulations and re- strictions to be enforced therein, it shall be sufficient if a public hearing is held and a final report with recommendations is submitted by a zoning board appointed for the purpose by the city council or selectmen or twenty days elapse after such hearing without such report ' being submitted. No such ordinance as proposed to be originally established or changed as Public hearing and re- aforesaid shall be adopted until after the city port by City Council council or a committee designated or appointed for the purpose by it has held a puhlic hearing thereon, at which all interested persons shall be given an opportunity to be heard. At least twenty days' notice of the time and place of such hearing before the city council or committee thereof shall be published in an official publication, or a newspaper of general circulation, in the city or town. After such notice, hearings and report, or lapse of time without report, a city council or town meeting may adopt, reject, or amend and adopt any such proposed ordinance or by-law. ' TWO-THIRDS VOTE RE- Section 7. No change of any zoning ordin- QUIRED FOR AMENDMENT ante or by-law shall be adopted except by a two-thirds vote of all the members of the city council where there is a commission form of government or a sizzgle branch, or of each branch where there are two branches, or by a -4- two-thirds vote of a town meeting; provided, ' that in case there is filed with the city clerk prior to the close of the first hearing before Protest in cities the city council or comiaittee thereof a written ' protest against such change, stating the reasons, duly signed by the owners of twenty per cent or more of the area of the land pro- posed to be included in such change, or of the area of the land immediately adjacent, extend- ing three hundred foot therefrom, or of the area of other land within two hundred feet of the land proposed to be included in such charge, no such change of any such ordinance shall be Unanimous vote after adopted except by a unanimous vote of all the protest in cities members of the city council, whatever its fora, if it consists of loss than nine members or, if it consists of nine or more membors, by a three-fourths vote of all the members there- of whore there is a coixnission form of govern- vent or a single branch, or of each branch where there are two branches. ' REPETITIVE PETITIONS Section 8. After acceptance of this TO COUNCIL OR TOU1N MEET- section or corresponding provisions of earlier ING laws as provided in section four of chapter ' (contingent upon accept- four, no proposed ordinance or by-law waking ance) a change in any existing zoning ordinance or by-law, which has been unfavorably acted upon ' by a city council or town meeting, shall be considered on its merits by the city council or town ,meeting within two years after the date ' of such unfavorable action unless the adoption of such proposal ordinance or by-law is recommended in the final report of the plann- ing board or selectmen required by section six. APPROVAL BY ATTORNEY Section 9. When zoning by-laws or any GENERAL changes therein are submitted to the attorney- general for approval as required by section thirty-two of chapter forty, there shall also be furnished to him a statement explaining clearly the by-laws or changes proposed,to- gether with ,naps or plans, when necessary. ' EXEMPTION OF UTILITIES Section 10. A building, structure or land used or to be used by a public service corpora- tion iaay be cxei�ipted from the operation of a zoning ordinance or by-law if, upon petition I � of the corporation, the department of public utilities shall, , after public notice and hearing, decide that ' the present or proposed situation of the build- ing structure or land in question is reason- ably necessary for the convenience or welfare of the public. -5- BUILDING PERMITS Section 11. In a city, no zoning ordinance ' or amendment thereof shall affeot any permit Effect on building per- issued or any building or structure lawfully mits by adoption or begun before notice of hearing before the ' amendment of ordinance planning board or the zoning board, as the or by-law: case may be, or, if there is neithor, beforo the city council, has first been given; and, in a town, no zoning by-law or amendment thee.:- of shell affect any permit issued or any buildiM or structure lawfully begun before If issued before notice notice of hearing before the planning board ' of hearing or publication or the zoning board, as the case may be, or, of warrant if there is neither, before the selectmen, has first been given or before the issuaneo of the warrant for the town meeting at which ' such by-law or amendment is adopted, which- ever comes first; provided, that construction work under such a permit is commenced within sax months after its issue, and the work, whether under such permit or otherwise law- fully begun, proceeds in good faith Contin- If issued after notice uously to completion so far as is reasonably of hearing or publication practicable under the circumstances. The of warrant issuance of a permit or the beginning of work ' upon a building or structure, or a change of use, after such notice has been given or such warrant has been issued, shall not justify the violation of a zoning ordinance or by-law or ' an amendment thereto subsequently adopted as the outcome of such hearing and in substantial accord with such notice or warrant; provided, ' the subsequent steps required for the adop- tion of such ordinance or by-law or amendment thereto are taken in their usual sequence ' without unnecessary or unreasonable delay. WITHHOLDING OF PERMITS BY Section . The inspector of buildings in ENFORCING AUTHORITY a city 12or town, or the officer or board hav- ing supervision of the construction of build- ings or the power of enforcing the municipal building laws, or, if in any town there is no ' such officer or board, the selectmen shall withhold a permit for the construction or al- teration of any building or structure if the building or structure as constructed or al- tered would be in violation of any zoning ordinance or by-law or amendment thereof; and state, county and municipal officers shall re- fuse any permit or license for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by- Permits by selectmen in law or amendment thereof. Any town, in which absence of building laws a zoning by-law is in force but in which there are no municipal building laws, may provide ' by by-law that no building shall be erected, externally altered or changed in use in such town without a permit from the selectmen; and the selectmen shall withhold such permit ' unless such erection, alteration or proposed use is in conformity with such zoning by-law. BASIS FOR APPEALS Section 13. An appeal to the board of ' appeals established under section fourteen may be taken by any person aggrieved by reason of his inability to obtain a permit from any ad- ministrative official under the provisions of this obapter. ' A zoning ordinance or by-law may provide that, in addition to appeals provided for under the foregoing provisions of this section, appeals ' nay be taken to the board of appeals by any officer or board of the city or town, or by any person aggrieved by any order or decision of the inspector of buildings or other admin- istrative official in violation of any pro- vision of this chapter, or any ordinance or by- law adopted thereunder, and may prescribe a reasonable time within which appeals under this section may be taken. BOARD OF APPEALS Sectioox_V ._ Every zoning ordinance or by- law shall provide for a board of appeals, which may be the existing board of appeals under the local building or planning ordinan- ces or by-laws. Pending provision for a board of appeals, for a period of not more Council or Selectmen as than three months after the adoption of such interim board ordinance or by law, the city council or selectmen shall act as a board of appeals. Any new board of appeals established hereunder shall consist of at least three members, who ' Membership of board shall be appointed by the mayor, subject to the confirmation of the city council, or by the selaetmen, for teras of such length and W i arranged that the term of one appointee will Ton-as of office expire each year; and said board sly 1 elect annually a chairman from its own number. Any t board so established may also act as the board of appeals under the local building or plann- ing ordinances or bylaws. Removal of members Any member may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner i as in the case of original appointments. Such Associate members ordinances or by-laws may provide for the ' appointment in like manner of associate men bars of the board of appeals; and in case of a vacancy, inability to act, or interest on the part of a member of said board, his place may be taken by an associate member designated by the chairman. -7- POUERS OF BOARD OF Section. A board of appeals shall have APPEALS the following powers: 1. To hear and decide appeals taken as Appeals provided in section thirteen or in an ordinance ' or by-law authorized under said section. Exceptions 2. To hear and decide applications for special permits for exceptions as provided in section four upon which such board is required ' to pass. Variances 3. To authorize upon appeal, or upon peti- tion in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an exist- ing building thereon a variance from the terms of the applicable zoning ordinance or by-law where, owing to conditions especially affect- ing such parcel or such building but not affect- ing generally the zoning district in which it ' is located, a literal enforcement of the pro- visions of the ordinance or by-law would in- volve substantial hardship to the appellant, and where desirable relief may be granted with- out substantial detriment to the public good and without nullifying or substantially dero- gating from the intent or purpose of such ordinance or by-law, but not otherwise. Limitation of variance In exercising the powers under paragraph three above, the board may impose limitations ' both of time and of user, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. PROCEDURE FOR APPEALS Section 16. Any appeal under section fif- teen shall be taken within the time prescrib- ed by ordinance or by-law in case the time for appeal is so prescribed, otherwise within a reasonable time provided by rule of the board of appeals, by filing with the officer or board from whose order cr decision the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof; provided, that, in any town whose by- laws so provide, such notice of appeal shall be filed with the town clerk, who shall forthwith transmit copies thereof to such officer or board and to the members of the board of appeals. Such officer or board shall forthwith ' transmit to the board of appeals all documents and papers constituting the record of the case in which the appeal was taken. PUBLIC HEARING Sectien 17. The board of appeals shall fix a reasonable time for the hearing of any . appeal or other matter referred to it or any Public notice petition for a variance, and give public notim thereof in an official publication, or a news- paper of general circulation, in the city or torn, and also send notice by mail, postage ' Notice to property prepaid, to the petitioner and to the owners . owners affected of all property deemed by the board to be affected thereby, as they appear on the most ' recent local tax list, and to the planing Notice to Planning Board board of such city or town. At the hearing any party whether entitled to notice thereof ' Agent or attorney or not may appear in person or by agent or by attorney. RULES Sc�c ogj§. The board of appeals of each city or town shall adopt rules, not inconsist- ent with the provisions of the zoning ordinanm or by-law of such city or torn, for conducting ' its business and otherwise carrying out the Meetings purposes of this chapter. Meetings of the board shall be held at the call of the chair- man,* and also when called in such other manner as the board shall determine in its rules.Such chairman, or in his absence the acting chair- Oaths and witnesses man, may administer oaths, summon witnesses ' and call for the production of papers. All hearings of the board shall be open to the Decision public. The decision of the board shall be made within a reasonable time. The board shall Record of proceedings cause to be made a detailed record of its proceedings, showing the vote of each member ' upon each question, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions, ' copies of all of which shall be immediately filed in the office of the city or town clerk Notice of decisions and shall be a public record, and notice of ' decisions shall, be mailed forthwith to parties in interest as designated in section seventeen, to the planning board, and to every person present at the hearing who requests that no- tice be sent to him and states the address to which such notice is to be sent. AUTHORITY OF BOARD Section 19. In exercising the powers grant- ed by section fifteen, a board of appeals may, in conformity with the provisions of this chapter, reverse or affirm in whole or in part, or may modify, any order or decision, and may make such order or decision as ought to be made, and to that end shall havo all the powers ' of the officer from whom the appeal is taken and may issue or direct the issue of a permit. Unanimous vote by board The concurring vote of all the mbbbors of a ' a board of appeals shall be necessary to re- verse any order or decision of any administra- tive official under this chapter, or to de- cide in favor of the applicant on any natter upon which it is required to pass under any -9- zoning ordinance or by-law, or to effect any variance in the application of any such ordin- ance or by-law. REPETITIVE PETITIONS Section 20. After acceptance of this TO BOARD OF APPEALS section or corresponding provisions of earlier (contingent upon laws as provided in section four of chapter ' acceptance) four, no appeal or petition under paragraph three of section fifteen for a variance from the terns of such an ordinance or by-law with respect to a particular parcel of land or the ' building thereon, and no application under paragraph two of section fifteen for a special exception to the terms of any such ordinance ' or by-law, which has been unfavorably acted upon by the board of appeals shall be consid- ered on its merits by said board within two ' years after the date of such unfavorable action except with the consent of all of the members of the planning board, or of the board ' of selectmen in a town having no planning board. FURTHER APPEAL TO SeotiQn 21. Any person aggrieved by a de- SUPERIOR COURT cision of a board of appeals, whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the ' superior court sitting in equity for the county in which the land concerned is situated; provided., that 15-day appeal period court within fifteen filedch appeal is een days aftersuch dec said ' is recorded. The court shall hear all perti- nent evidence and determine the facts, and, upon the facts as so determined, annul such ' decision if found to exceed the authority of such board, or make such other decree as jus- tice and equity may require. The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases. Costs against board Costs shall not be allowed against the board unless it shall appear to the court that the board in making the decision appealed from acted with gross negligence, in bad faith or with malice. Costs against appellant Costs shall not be allowed against the parlor appealing from the decision of the board un- less it shall appear to the court that said appellant or appellants acted in bad faith br with malice in making the, appeal to the Precedence of action court. ' M issues in any-paoteedirg under this section sbo.0 have preaedenee- over all other civil actions and proceedings. 10- ' ENFORCEMENT BY SUPERIOR Section-2 . The superior court shall have COURT jurisdiction in equity to enforce the pro- visions of this chapter, and any ordinances or by-laws adopted thereunder, and may restrain ' by injunction violations thereof. Validity of ordinance or If the attorney general questions the by-law determined by validity of any ordinance or by-law adopted by Superior Court a city or town under this chapter, he shall ' bring an information in his own name as such officer in the superior court sitting in equi- ty for the county in which such city or town is situated for a declaratory decree to de- termine the validity of such ordinance or by-law. 1 I ' i MUM NEI PROVISIONS OF CHAPTER 40A Note: The following comments have been taken largely from the "Summary of the Proposed Redraft of the Zen- ing Enabling Act" by the Committee on Legislation of the Massachusetts Fedorstion of Planning Boards, Philip ' Nichols, Chai==. This was publishod as a part of House Bill 2249 of 1953, which was a "Report of the Special Comaission on Planning and Zoning" dated December 1952. FLOOD PLAIN _ZONING ' Section 2 of Chapter 40A provides that a zoning ordinance or by-law may pro- hibit the use for residence or other purposes of lands subject to seasonal or Periodic flooding in such a manner as to endanger the health or safety of the ' occupants. This change was suggested by the State Planning Board (new the Planning Division of the Department of Commerce) because a number of cases had come to the attention of that Board in which the lack of such a provision had ' resulted in loss or disaster. It is thought unseemly for a city or town to include land in a residence district under its zoning ordinance or by-law, and thus by implication give assurance that it is suitable for residence purposes, ' when the city or town officials know (and prospective purchasers do not know) that such land is subject to seasonal or periodic flooding, either from freshet from high tides accompanied by violent gales, or from surface water during hear. rain, in such a manner as to endanger the health and safety of the occupants. ' BUILDING PERMIT AT TIME OF ADOPTION OR AME MfENT OF ORD I WqE ORM-LL ' Section 11 of Chapter 40A relates to the difficult problem of adjusting the rights of the parties when a building is erected at or about the time of the adoption of a zoning restriction which will mako the proposed use of such building inconsistent with the terms of the ordinance or by-law. It clarifies the status of permits issued both before and after notice of the public hearing whereas the old law made no reference fro tho status of a permit issued after ' the notice of hearing. Since 1933 the statute has provided that no zoning ordinance or by-law should affect a permit lawfully issued before the first legal steps to adopt or amend the ordinance or by-law had been taken, provided that construction under such a permit was begun within six months aftar its issue. 1 EXperience showed, howevor, that the purpose of this provision could be and frequently was evaded by making a pretense to start work under the permit and then waiting for years to comploto the building, which when completed would constitute a fictitious but legally protected "non-conforming use". To prevent such evasion the statute was aiaonded, by adding "if the work---- proceeds in good faith continuously to completion so far as it reasonably rpracticable tinder the circunstances." -12- The status of a permit issued aftor the first legal steps to adopt or aeaend is now defined by the addition of the following sentence: "The issuance of a ponAt or the beginning of work upon a building or structure, or a change of use, after such notice has been given or such warrant ' has been issued, shall not justify the violation of a zoning ordinance or by-law or an aaendment thereto subsequently adopted as the outcome of such hearing and in substantial accord with such notice or warrant; provided, the subsequent steps required for the adoption of such ordinance ' or by-law or amendmant thereto are taken in their usual sequence without unnecessary or unreasonable delay." ' BUILDING PERMIT FROM SELEC +[EN Section 12 of Chapter 40A provides that "Any town, .in which a zoning by-law is in force but in which there are no municipal building laws, ' may provide by by-law that no building shall be erected, externally altered or changed in use in such town without a permit from the select- men; and the selectmen shall withhold such permit unless such erection, alteration or proposed use is in eonfoTmi.ty, with such zoning by-law." The most effective and convenient method of nipping violations of a zon- ing ordinance or by-law in advance is for the building inspector or corresponding officer to refuse an applicant a building permit if his proposed building will violate the zoning regulations. 14hen the zoning law was first enacted it was hardly expected that zoning by-laws would be adopted in towns which had no building by-laws and which allowed any person to erect any type of building anywher in the town without a per- mit. Such has, howevor, proved to be the case, and in such towns not ' only has it proved difficult to enforce the zoning by-law, but hardship cases have arisen in which an owner has erected a building in good faith without the slightest idea that he has violated the zoning by-law. Sorge ' of such towns have accordingly adopted a provision in their zoning by-laws, to the effort that no building shall be erected in the town without a permit from the selectmen, and that the selectmen shall refuse a permit if the proposed building would not be in conformity with the zoning by-law. Such provisions were not questioned, but Section 12 validates them and provides a method of enforcement of zoning for towns having no building laws. ' NOTICE OF HEARING TO OLANNING BOLD ' Section 17 of Chapter 40A provides that notice of a hearing on a variance or other appeal before the board of appeals shall be given to the planning board. The planning board is certainly an interested and well-informed party and is given authority, as are all municipal officers or boards, to appeal from a decision of the board of appeals. Cases arose in which a hearing on a petition for a variance was held by a board of appeals, of which hearing the local planning board had no knowledge. The planning board was consequently not represented at the hearing, and, therefore, the board of appeals did not have the benefit of pertinent in- formation which the planning board would have given if it had been present. The granting of variances is at bast a difficult and delicate matter, and the public should be protected frou unwisa variances by making sure that the board of appeals has all available information in its hands before it takes action. -13- ' NOTICE OF DECISION OF BOARD OF OF TO PLANNING BOAM AND OTHERS Section 18 of Chapter 40A provides that in addition to other parties- a in-interest, the planning board and every person present at a hearing ' before the board of appeals who so requests, shall be sent a notice of the decision of the board. Such decision must, as it did under the old law, be filed and recorded in the office of the city or town clerk. Hitherto, the planning boar or other interested citizens who attended the hearings and wished to ' exercise their statutory right of appeal if the decision should aggrieve them, had no means of knowing when the decision was rendered or whether it was favorable or adverse, except by calling at the office of the city or town clerk at frequent intervals after the hearing, and inquir- ing, or searching the records to rind whether a decision had been rendered. ' Section 18 remedies this burdensome and somewhat ridiculous situation at only slight inconvenience to the seoretary of the board of appeals. ' GRANTING OF EXCEPTIONS BY CITY COUNCIL OR 4g&G ZAEN, Section 4 of Chapter 40A authorizes not only the Board of Appeals but also the city council and the selectmen "IIs such ordinance or by-law may provide" to grant an applicant a special permit in accordance with such exceptions as may be provided for in the ordinance or by-law. In the older law the power to allow "exceptions" or "special permits" was granted only to a board of appeals; but many ordinances and by-laws adopted after 1933 gave that power to the city council or the selectmen. The procedure was uphold by the courts and it, therefore, seemed wise to state in the statute itself that "exceptions" or "special permits" may be granted by the city counpil or selectmen if so provided for in the ordinance or by-law and after public hearing. -1�- PROCEDURAL STEPS FOR ADOPTION of a ZONING BY-LAW by a TOWN lst Step: Public hearing, after due notice, by one of the following: a. Planning Board b. Board of Selectmen, if no Planning Board e. Zoning Board appointed by Selectmen The Attorney Generalts office advises tb4t the best practice in giving "due notice" is to publish the complete text of the proposed by law,as well as the date, time and place of the hearing. The proposed map may or may not be published, but shouM be referred to in the notice and should be displayed at the hearing. The time of publication is depend- ent upon its form; publication by advertisement in a newspaper of local circulation should as a matter of practice be at least fifteen days or more prior to the date of the hearing; publication in a pamphlet sent by mail or distributed to each inhabitant of the town should as a matte' of practice be at least seven days prior to the date of the hearing. ' (It is only in the case of cities that twenty days' notice of the public hearing is required. ) ' 2nd Step: Submission of final report with recomendations to the town meeting by the Planning Board,Board of Selectmen or Zoning Board, following the public hearing. Although the statute does not so specify, this report is usually in writing. In any case, such a report in writing is required to be sub- mitted to the Attorney General under the provisions of G.L Ch. 40A, ' Sec. 9, which reads "When zoning by-laws.. .are submitted to the AttornV General for approval...there shall also be furnished to him a statement explaining clearly the by-laws...proposed, together with maps or plans". ' If, after the hearing, the Board recommends substantial and material changes, another hearing is advisable with duo notice. In the event that the Board fails to submit a report with recommendations, at least twenty days must elapse between the hearing and any action by a town ' meeting. 3rd Stop: Town meeting adopts, amends and adopta, or rejects the proposed original by-law by majority vote. 4th Step: Adopted by-law submitted to Attorney General for approval. ' An instruction sheet to Town Clerks, prepared by the Department of the Attorney General concerning such submission is submitted on page 17. This instruction sheet should be carefully read in advance of the public hearing and town meeting in order that the information and record of proceedings required for later filing shall be available. 5th Step: Approved by-law published, by one of the following methods: a. Posting in at least five public places, and if the town is divided into precincts, in each precinct. ' b. Printing at least three tines in one or more newspapers, if any, of the town, otherwise Of the county. c. Delivering a copy of the by-law at every occupied dwelling or apartment, and affidavits of the persons delivering the said copies shall be filed with the Town Clerk. NOTE: A zoning by-law is not legally in effect until each step has been completed. -15 PROCEDURAL STEPS FOR AMEIMMENT of•a ZONING BY-LV by a TOtJN ' 1st Stops Public hearing, after duo notice, by one of the following: t a. Planning Board b. Board of Selectmen, if no Planning Board The Attorney Goneral's office advises that the best practice in giving "duo notice'? is to publish the complete text of the proposed amendmont, as well as the date, time and place of the hearing. If the proposed amendment involves changes in the zoning map, a map showing the changes I � may or may not be published, but should be referred to in the notice and should be displayed at the hearing, and the areas to be changed should be accurately described intho notice. The time of publication is dependent t upon its form; publication by advertisement in a newspaper of local cir- culation should as a natter of practice be at least fifteen days or more prior to the date of the hearing; publication in a pamphlet sent by mail or distributed to each inhabitant of the town should as a natter of ' practice be at least seven days prior to the data of the hearing. (It is only in the case of cities that twenty days' notice of the public hearing is required. ) 2nd Step: Submission of final report with reeow.aendations to the town meeting by the Planning Board or Board of Selectmen, following the public hearing. Although the statute does not so specify, this report is usually in writ- ing. In any case, such a report in writing is required to be submitted to the Attorney General under the provisions of G. L. Ch. 4OA, Sec. 9, 1 which reads "When zoning by-laws or any changes therein are submitted to the Attorney General for approval, there shall also be furnished to him a statement explaining clearly the by-laws or changes proposed, together with maps or plans." If, after the hoaring, the Board recommends sub- stantial and raateria.l changes from the amendment as originally proposed and hoard, another hearing is advisable with due notice. In the event ' that the Board fails to submit a report with recommendations, at least twenty days must elapse between the hearing and any action by a town meeting. 3rd Step: Town meoting adopts or amends and adopts by a two-thirds vote or rejects the proposed auendnent. ' 4th Step: Adopted amendment submitted to Attorney General for approval. An instruction shoot to Town Clerks prepared by the Department of the Attorney General concerning such submission is submitted on page 17-This instruction shoot should be carefully read in advance of the public hear- ing and town meeting in order that the information and record of proceed- ings required for later filing shall be available. 5th Step: Approved amendment published, by ong .-' the following methods: a. Posting in at least fiM public places and, if the town is divided into precincts, in each precinct. b. Printing at least three times in one or more newspapers, if any, of the town, otherwise of the county. ' e. Delivering a copy of the by-law at every occupied dwelling or apartment, and affidavits of the persons delivering the said copies shall be filed with the Town Clerk. NOTE: A zoning amondmont is not legally in affect until each stop has boon completed. PROCEDURE FOR SUBMISSION OF BY-LABS ARID AMENDMENTS to THE ATTORNEY GENERAL ' (as prepared by that office, with special reference to zoning by-laws) ' 1. All papers must be attested or certified by the Town Clerk, under seal of the town. 2. Only the by-laws themselves and any zoning naps, to be approved by the Attorney General, must be in duplicate. 3. State the date and the manner by which notice of the warrant was ' given to the citizens, and whether the notice complied with the by-law as to said notice. ' 4. Submit a copy of the warrant. 5. Report the number of votes in the affirmative and the number in ' the negative. 6. State whether or not there was a quorum at the town meeting at which action was taken. 7. In case of a zoning by-law, submit maps in file size (not larger than about 24" x 360), with proper legend showing the areas of existing zoning districts. The changes to be uade by amendment should be shown in color and be labelled by article number. The map should be attested, under seal, as being the zoning map of the Town. ' 8. In case of a zoning by-law, furnish a copy of the notice of the public hearing and the date of public hearing by the Planning Board, ' or, in the absence of a Planning Board, by the Board or Conmittee authorized by chapter l+.OA, section 6. 9. If a report of the Planning Board was made, this report should give detailed reasons upon which reoQ mendations are based. It must show that no material amendments were made at the hearing of the pro- posed by-laws as submitted in the notice to the citizens; it must be signed by the Planning Board; the clerk must certify that they are members of such Board. An informal supplementary report may be furnished showing reasons for zoning changes. 10. By-laws must be published after approval by the Attorney General ' 11. Any by-law should be submitted to the Attorney General promptly after vote of the town, and in any case, not later than one year after such vote. ' Publication approved by George J. Cronin, State Purchasing Agent-421 -17-