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HomeMy WebLinkAbout1989-08-23Form 1 (revised 2/89) Town: Date: Attorney General James M. Shannon One Ashburton Place, Rm. 2019 Boston, MA 02108 Attn: By-Laws ~,0 ..... A~DOVE~ ~AY 23, 1989 Dear Attorney General Shannon: Pursuant to G.L.c. 40, § 32, I hereby request approval of the enclosed amendments to town by-laws. 1. Town Meeting (che~k only one): Annul xxx Special Fall Annual 2. Date Town Meeting (TM) First Convened: May !, 1989 3. Date(s) of Adjourned Sessions: May 2, 3, h &~8, 1989 4'. Warrant articles (numbers) to be acted upon: (a) ~onin~: 32,33,35,38,39,~0,~1,~3, & ~. (b) Historic District: (c) general: 36 & 37 (d) Charter Amendment: 5. Maps: warrant articles (numbers) with maps to be approved: 38,39,~0 & ~ Kopelm~n & Palge 6. Town Counsel: Address: Suite 1000 77 Franklin St. Boston, Mass. 0211- Phone: ( 508 ) 682-6h83 Zet. 21 7. Town Clerk: D~nie! Long Address: ~?orth Andover Phone: ( 617 ) ~51-0750 Form 3 (revised 2/89) Town: Date TM Convened: 1989 MAPS: ZONING AND/OR HISTORIC DISTRICT TWO certified copies of the zoning and/or historic district map(s) (preferably no la'rger than 24 inches by 36 inches} axe attached to this page (stapled, if not too bulky) showing: (a) the proposed changes in color; (b) the article number to which each colored area refers. Note: A zoning map with a proper legend and the information described above may be used to show the boundaries of a historic dist'rict. Portions of Assessors' Maps are normally not sufficient for rezoning articles. If no maps are being submitted to the Attorney General for his approval, please do not include this form in the package mailed to the Attorney General. Article 36. Town Bylaw Change. To see' if the Town will vote to amend portions of Section 3.5 of the Town's Bylaw ("Conservation Commission") as follows:. I. To delete the existing Section 1.0 pURPOSE, and to replace it with the following: "1.0 PURPOSE The purpose of this Bylaw is to preserve and protect the wetland resource areas (as defined in Section 3.1 below), buffer zones, and wildlife of the Town by prior review of, by regulation of, and control of, activities (more par- ticularly described in Section 3.1 below) deemed by the Conservation Commission (the "Commission") to have sig- nificant or cumulatively detrimental effect upon the fol- lowing interests and values including, but not limited to: public or private water supply; groundwater; the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife and wildlife habitat; and recreation." II. To delete the existing Section 3.1 JURISDICTION and to replace it with the following: "3.1 Except as permitted in writing by the Conservation Commission, or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence, or the buffer zones thereof. The Town's wetland resource areas consist of: any fresh water wetland (as determined by vegetational community, soil composition or hydrologic regime), any bank, beach, marsh, wet meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters, or any land subject to storm flowage, or flooding, or inundation by groundwater or sur- face water, the floodplain, and/or wildlife habitat. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Bylaw." III. To amend Section 7.0 RULES AND REGULATIONS as follows: A. At Sub-Section 7.1, by amending the third sentence to read as follows: , by majority vote of the duly appointed members, "After due notice and public hearing, the Commission may promulgate or amend rules and regulations to accomplish the purposes of this Bylaw, and may establish a schedule of fees, professional~ service fees and costs to be paid by persons making requests for determination or filing notices of intent hereunder." and, B. To delete Section 7.2 B. in its entirety. Conservation Commission VOTED UNANL~OUS TO ADOPT AS A~ENDED. ~ENDM~S. Paragraph "1.0 PURPOSE Second sentence after the word below) delete the comma and add the word and Third sentence after the word zones delete the cow,,a and the vords and wildlife. Paragraph "3.1 Line 14 after the word water delete the comma and add the word and after the word floodplain delete comma addperiod and delete the words and/or wildlife habitat. Section 7.0 Paragraph A. Third sentence. ATTEST: after the word majority delete the word vote ~~ Voted May 4, 1989 Article 37. Town Bylaw Change. To see if the Town will vote to amend Chapter 8 of the Town Bylaw, by establishing 8.5- The North Andover Professional Service Conservation Account of the Conservation Commission. "North Andover Professional Service Conservation Account" A professional service conservation account of the Conservation Commission ("account") shall be established in the Town Treasury and shall be kept separate and apart from other monies by the Town Treasurer. Any monies in said account shall be expended only at the direction of the Conservation Commission, pursuant to the terms of provisions of the Conservation Commission's regulations regarding professional service fees and costs. All monies which are collected as a result of any contribution to this account shall be transferred to the principal of said account, and the Town Treasurer shall be custodian of the account and may deposit proceeds in a bank or invest the same in such securities as are legal for the investment of funds of savings banks, under the laws of the Commonwealth of Massachusetts or in a federal savings and loan association situated in the Commonwealth. Any interest earned thereon shall be credited to and become part of the account. The account shall be administered by the Town Manager. Any monies in the account may be expended only by a majority vote of the entire membership of the duly appointed Conservation Commission, and shall be appropriated for such purposes as the Conservation commission may designate by at a public meeting, and in accordance with its Regulations. Any unused portions of fees or costs collected from applicants shall be returned by the commission to the applicant within forty-five (45) calendar days of written request for same by the applicant, unless the Commission decides in a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or the size of, the fees or costs, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws." Conservation Commission Article 38. Zoning Bylaw Regulation and Boundary Change - Brook Street. To see if the Town will vote to amend the zoning Bylaws and the Zoning Map to change the zoning on the hereinafter VOTED UI~ANIMOUS TO ADOPT THE ARTICLE Voted F~ay h, 1989 ATTEST: Article 32. zoning Bylaw Regulation Change - Definitions. To see if the Town will vote to amend and add to Section 2 of the Zoni~3 Bylaw entitled DEFINITIONS the following: Section 2 Definitions Amend the following definitions: 2.22 2.27 Automobile Repair Shop A building or part of a building in which repairs are made to motor vehicles. Building, Height The vertical distance measured from the lowest point of the finished grade at any location of the building to the highest point of the roof, but shall not include chimneys, spires or mechanical equipment, or penthouses used for enclosures of mechanical equipment. 2.30.1 2.40 2.43 Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service not more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more that two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running jUl, perpetuity with the land. Home Occupation Any accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods. Retail business shall include the direct sales to the public on the premises whether by appointmentor otherwise. Lot An area of laud'in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds office. 2.52 No Cut Zone An area which is left in its natural condition, which shall not be disturbed by any means which includes but not limited to the cutting of trees or understory. CREATE THE FOLLOWING DEFINITIONS: 2.26.1 Building Coverage The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot. 2.34.1 Dwelling, Multiple 2.38.3 Floor Area Ratio Article 33. Zoning Bylaw Regulation Change - Exceptions. 'To s~e if the Town will vote to amend Section 7.8(3) and add a new Section 7.8(4) in the Zoning Bylaw. 7.8 Exceptions Amend the following: 7.8(3) As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law,. for the length of time described in M.G.L. Ch. 40A. Add the following: 7.8(4) As described in M.G.L. Ch. 40A, no amendment to this zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Explanation: Remove awkward language contained in Section 7.8(3) to be consistent with State Law. Create a new Section 7.8(4) to provide a clarification of the Zoning Bylaw consistent with State Law. Planning Board VOTED TO ADOPT THE ARTICLE YES 179 ~?0 ~ Voted Nay ~, 1989 Article 35. Accept State Law Changes Relating to Subdivision Default Funds. To see if the Town will vote to accept the provisions of Chapter 245 of the Acts of 1988, or take any action relative thereto. The text of the law cited above is as follows: Section 81U of Chapter 41 of the General Law is hereby amended by striking out the penultimate paragraph, inserted by Chapter 236 of the Acts of 1987 and inserting in place thereof the following paragraph: "In any town which accepts the provisions of this paragraph,.the proceeds of any such bond or deposit shall be m~de available to the town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in the approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be made without specific appropriation under Section 53 of Chapter 44; provided, however, that such expenditure is approved by the Board of Selectmen." Explanation: This law allows the Planning Board to spend sub- division performance bond money up to the amount of $100,000, without appropriation, from a developer who has defaulted on his/her requirement to build roadway and other improvements called for in the approved subdivision approval provided the Board of Selectmen approve the transfer of money to be placed in a Town account to finish the required work. Planning Board VOTED UNANIMOUS TO ADOPT THE ARTICLE. Voted M~v 2, 1989 ATTEST: Article 38. Zoning Bylaw Regulation and Boundary Change - Br~.ook ~treet. To see if the Town will vote to amend the zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Farnum Land Legal Description of VC Zone Chanqe South of Brook Street on Route 114 Beginning at a point on the Southeasterly side of Brook Street at the intersection with the Northeasterly side of the Salem Turnpike, so called, thence turning and running along the Northeasterly side of said Turnpike Street, 1807.62 feet to a point; thence turning and running northerly and then more easterly in 4 courses along a stone wall by land of Harold A. Whipple 883', 3', more or less to the centerline of Towne Street, thence turning and running along said centerline of Towne Street 300 feet more or less to a point; thence turning and running Northwesterly on a line which is 1000' and parallel to the centerline of said Turnpike Street, 440 feet more or less to.a point; thence turning and runninq N44 degrees - 58' - 47W, 877.84 feet to a point; thence turning and running N42 degrees - 45' - 17"W, 362.59 feet to a point; thence turning and running N39 degrees - 20' - 20"W, 308.32 feet to a point; the last 3 courses being 1000 feet from and parallel to the centerline of said Turnpike Street; thence turning and running S50 degrees - 39' - 40"W, 15 feet, to a point; thence turning and running N39 degrees - 51' - 17"W, 20.65 feet to a point on the Southeasterly side of Brook Street; thence turning and running in 5 courses by said-side of Brook Street, 946.89 to said sideline of Turnpike Street and the point of the beginning. The land as described is more particularly shown on a plan entitled, "Plan of Land in North Andover, MA, subdivided by Benjamin G. Farnum, Scale 1" = I00', dated May 1, 1987, prepared by Thomas E. Neve Associates, Topsfield, MA, being Lots #1 through Lots #14 and a portion of Lot #15. Planning Board VOTED TO ADOPT THE ARTICLE Voted May 8, 1989 YES 15~ No 3~ ATTEST: Article 39. Zoning Bylaw Regulation and Boundary Change- Route 114 of Brook Street. To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on'the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northeasterly side of Salem Turnpike and on the Northwesterly side of Brook Street; thence turning and running N 39 degrees - 20' - 20"W along the Northeasterly side of Salem Turnpike, 391.51 feet to a point; thence turning and running N 43 degrees - 24' - 42" W along said turnpike, 226.67 feet to a point; thence turning and running N 46 degrees - 35' - 18" E along land of Boston Hill Ski Area, Inc., 400.00 feet to a point; thence turning and running N 43 degrees- 24' - 42" W along said ski area land to a point, thence turning and running N 75 degrees'- 50' - 44 E by land of Fink 290.08' to a point, thence turning and running N 18 - 16' - 31E by land of Fink, 450.00 feet to the corner of a stone wall, thence turning and running in a Southeasterly direction in one course through land of Farnum, 950 feet, more or less, to a stone wall on Brook Street, thence turning and running along the Northwesterly. sideline of Brook Street, 974.89 feet to the point of beginning. The Land being described is shown on, in Part on a Pl~an entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum," Scale 1" = 80', dated May 1, 1987, prepared by Thomas E. Neve Associates, Inc., Topsfield, MA. Planning Board VOT~ TO ADOPT T~EARTICLE YES 161 NO 21 Voted May 8, 1989 ATTEST: Article 40. Zoning Bylaw Regulation and Boundary Change.. To see if the Town will vote to amend Table 2 Summary of Dimensional Regulations by inserting a new column entitled Village Commercial after the column entitled Bus. 4; and include the following criteria under the Vill Comm. column: VC Lot Area (minimum sq. ft.) Height maximum (ft.) Street frontage (minimum in ft.) Front setback (minimum in ft.) Side setback (minimum in ft.) Rear setback (minimum in ft.) Floor area ratio (maximum) Lot coverage (maximum) Dwelling Unit Density (maximum/acre) 50,000 sq. ft. 40 ft. or two stories 2O0 ft. 25 25 (2) 5O (2) 25% N/A Further, add new footnotes to Table 2, i.e. as required delineate above changes. Explanation: The purpose is to' amend the existing Commercial District standards. Planning Board VOTED TO ADOPT TKEARTICLE AS AMENDED YES 126 Under column VC Second line. Change. Height maximum (ft.) h0 ft. or two stories Height maximum (ft.) to Village NO 5~ Amendment as follows to read Two stories not to exceed h0. ft. Voted May 8, 1989 Article 41. zoning Bylaw Regulation and Boundary Change- Farnum Street and Brook Street. 'To see if the Town will vote to amend the Zoning Bylaws and the zoning Map to change the zoning on the hereinafter described parcel from VC and VR to R-3. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northwesterly side of Brook Street on the Southwesterly side of Farnum Street at the intersection of two stone walls; thence turning and running S53 degrees, 36'- 14"W along the Northwesterly side of Brook STreet along a stone wall, 264.98 -feet to a point; thence turning and running S54 degrees, 20'- 39"W, along said side of Brook Street, 292.47 feet to a point, thence turning and running S54 degrees, 09'- 28"W, along said side of Brook Street,, 67.55 feet to a point, thence turning and running in a northwesterly direction in one course 950 feet more or less to a corner in a stone wall, thence turning and running along a stone wall by land of Thompson, in four courses, 640,98 feet to Farnum Street, thence turning and running along the Southwesterly side of Farnum Street, along a stone wall, in five courses, 862.10 feet to the point of the beginning. The land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum", Scale 1"=80', dated May 1, 1987, prepared by Thomas E. Neve Associates, Inc., Topsfield, MA. Planning Board VOTFD b~ANIMOUS TO ADOPT THE ARTICLE. Voted May 8, 1989 ATTEST: Article 43. Zoning Change. Residence 6 District. To see if the Town will vote to amend the Zoning Bylaws so as to create a new Residential District, R-6, and amend the Summary Dimensional Table as follows: Residence 6 District. (1) Single Family residential structures. (2) Two family residential structures. (3) Multi family residential structures, not exceeding 7 dwelling units per structure. (4) Place of worship. (5) Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (6) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a. Not more than three (3) people may be employed in' the home occupation, one of whom shall be owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building. c. There shall be no exterior alterations, accessory building, or display which are not customary with residential buildings. (7) (9) dm Not more than twenty-five (25) percent of the -existing gross floor area of the dwelling unit so used, not to exceed one thousand (I000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy space beyond these limits. e. There will be no display of goods or wares visible from the street. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential use within the neighborhood. g. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds, or pets of persons not a resident of such lot. c. On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (10) Museums. (11) Educational facilities. (12) MUnicipal building and public service corporation use (Special Permit required). (13) Golf course. (14) Swimming and/or tennis clubs shall be permitted with Special Permit. (15) Cemetery. (16) One or two family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by Special Permit from.the Zoning Board of Appeals after a public hearing with due notice given, provided: No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partner- ship, or corporation to be converted for use as dwelling of not more than seven (7) family units, and meeting all requirements of the State and Town Statutes and Bylaws, including Health Codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. (17) Municipal recreation areas. (18) Guest or rooming houses. (19) Nursing and convalescent homes - see dimensional require- ments of Table 2 (Special Permit Required). (20) Any accessory buildings larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from the side and rear lot lines and shall be located no nearer to the street than the building line of the dwelling. (21) Day care center by Special Permit. The following Commercial Business to be allowed only by Special Permit, the permit granting authority shall be the Planning Board. (1) Retail stores, salerooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries or confectioneries by Special Permit. (2) Banks, 'offices and municipal, civic or public service buildings, suCh as post offices, telephone exchanges, town offices, school library, local passenger station by Special Permit. (3) Hall, club, theatre, or other place of assembly by Special Permit. (4) Restaurant, dining room or lunch room by Special Permit. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. SUMMARY OF DIMENSIONAL REQUIREMENTS (Supplement of Res. 6 district) Lot-Area Min. S.F. --- 130,680 (3 acres) Height Max. --- 35 feet St. Front Min. Ft. --- 150' (13) Front Setback --- 25 feet Side Setback -- 15 feet Rear Setback --- 30 feet Floor area ratio-Max. --- 0.25:1 (15) Lot cover. Max. --- 20% Dwelling Unit Density Max/Acre. --- 9/acre (12) Planning Board VOTED UNANimOUS TO ADOPT AS AMENDED. Amendment being. Last paragraph beginning with The followingCommercial Businees etc. Item (3) Delete in its entirety Item (4) Delete the word Restaurant and begin the sentence with Dining~ Voted May 8, 1989 ATTEST: Article 44. Zoning Bylaw District Boundary Change: Route 114/125. To see if the Town will vote to rezone land on Assessors Plat-#25, and amend the Zoning Map to change the zoning on the hereinafter described parcel from R-3 and I-1 to R-6. The land together with the building thereon are located in North Andover and more particularly described as follows: Beginning at the point in the southerly line of Salem Turnpike, also known as Turnpike Street, also known as Route 114, that point being the intersection-with Salem Turnpike of the common boundary line of land, now or formerly, of Louis J.~Kmiec, Jr., as further described in the North Essex Registry of Deeds, Book 1082, Page 25, and the land now formerly of Leonard J. Annaloro as described in the North Essex Registry of Deeds, Book 1232, Page 150: and thence running from said Point by the southerly line of Salem Turnpike in the northwesterly direction, 1,062.77 feet, thence turning and running southwesterly by the easterly line of Hillside Road, 913.19 feat: thence turning and running southerly by the easterly of the Andover By-Pass also known as Route 125, a distance of 1.275.02 feet: thence turning easterly by the southerly most line of property now of formerly of Stephen J. Bilicki, et ux, as described in the North Essex Registry of Deeds, Book 1012, page 438, said line being in common with land, now or formerly, of the Bud Realty Trust, a distance of 662.07 feet: thence turning and running by the easterly boundary lines of said Bilicki land together with land now or formerly of Morton Margolis, described in the North Essex Registry of Deeds, Book 1849, Page 73, a distance of 549.78 feet, and continuing still further along the same course, approximately 20 feet to the center line of the discontinued and abandoned way known as Willow Street: thence turning and running in several courses easterly by the center line of the said Willow Street to a point approximately twenty feet southerly of the easterly most corner of the land now or formerly of Leonard J. Annaloro, North Essex Registry of Deeds, Book 1232, Page 150: thence turning and running northerly approximately 20 feet to the said corner of Annaloro and continuing by the lot line of said Annaloro that line held in common with the land now or formerly of Louis J. 'Kmiec, Jr., 422.4 feet to the point of the beginning. The above parcel is also shown on the North Andover Assessor's Plat #25, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26, 34,37,40,41,43,44,50,53 and 54. Also included in this rezoning is that portion of the discontinued and abandoned way known as Willow Street as lies between the Andover By-pass and the Willow Street extension and shown on the said assessor's Plat, that portion of the way lying between the properties now or formerly of Stamp, Mscisz, and Towle, Redman, Margolis, Annaloro and Bud Realty Trust. The purpose and intent of references to the assessor's plat being to cure any minor discrepancies as may exist with the legal description .above stated, and intending to rezone all of the parcels as shown and described with reference to the assessor's Plats. Further included in this rezoning are those portions of Salem Turnpike, Hillside Road and the Andover By-pass upon which the property fronts to the center line of said streets. Planning Board VOTED UNANISfOUS TO ADOPT THE A~RTICLE Voted M~y 8, 1989 ATTEST: TOWN CLERK ~JOHN W GIORGIO I'~OI~ELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE I000 77 FRANKLIN STREET BOSTON. MASSACHUSL/I S 0~110 August 15, 1989 MEMORANDUM TO MUNICIPAL CLIENTS TO: BOARD OF SELECTMEN/MAYOR TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY PLANNING BOARD TOWN/CITY CLERK RE: PROCEDURES FOR ADOPTING AND FILING ZONING AMENDMENTS As you are no doubt aware, the process of amending your zoning by-laws or ordinances is lengthy and complex. State laws describe a large number of detailed steps which must be followed to guarantee the valldity of the amendment. In the past, an occasional failure to comply with some of the notice provisions (e.g., to your regional planning agency or the state Executive Office of Communities and Development) was not always deemed to be fatal. This situation has changed, particularly for towns. Under G.L.c.40, §32, towns (but not cities) must send copies of all new bylaws or bylaw amendments to the Attorney General for approval (both general and zoning bylaws). It appears that a new private corporation, called Landlaw, Inc., has taken it upon itself to scrutinize everv local zoning enactment and to report any defect or informality to the Attorney General~ As a result, the Attorney General is now disapproving more zoning amendments for minor procedural failings. Landlaw, Inc. appears to be pursuing this course for the primary benefit of the development community. We are, therefore, cautioning communities to pay careful attention to every detail of the zoning amendment process. Although cites are not subject to this scrutiny by the Attorney General, they should be on notice that zoning ordinance KOI~ELNIAN AND PAIGE, P. C. MEMORANDUM TO MUNICIPAL CLIENTS Page 2 August 15, 1989 amendments may also be challenged on the basis of procedural defects. Attached for your guidance is a step-by-step description of the statutory requirements for any zoning amendment. The process begins with the filing of a rezoning petition and ends with the city or town clerk sending a copy of the adopted or approved ordinance or bylaw to the state Department of Community Affairs (within the Executive Office of Communities and Development). Towns should also be aware that, under certain circumstances, the Attorney General's office will allow you the opportunity to cure certain defects. Do not hesitate to contact our firm if you have any questions about this process. LK/JBB/meg OUTLINE Zoning proposal submitted to Board of Selectmen or City Council. Within 14 days of receipt, Board of Selectmen or City Council must submit proposal to Planning Board for review. Within 65 days after submittal, Planning Board and City Council must each hold public hearing (may be separate or joint hearing(s)). 4. Notice of Hearing (a) published in newspaper of general circulation once in each of 2 successive weeks; 1st publication not less than 14 days before day of hearing. (b) posted in conspicuous place in city/town hall for 14 days before day of hearing. (c) mailed to all of the following: (i) Department of Community Affairs (EOCD) (ii) Regional Planning Agency (iii) Planning Boards of all abutting cities and towns (d) mailed, if zoning by-law or ordinance so requires, to all non-resident property owners who file proper request for such notice with municipal clerk. NOTE: Each of these notice requirements must be carefully followed. Content of notice must include: (a) date and place of hearing (b) subject matter of hearing "sufficient for identification" (c) place where maps and texts of proposal may be inspected Town Meeting or City Council may not vote on proposal until either (a) Planning Board submits written or oral report with recommendations, or (b) 21 days have elapsed between Planning Board hearing and Town Meeting or City Council vote. Proposal must be voted (a) by City Council, within 90 days of Planning Board hearing (b) by Town Meeting, within 6 months of Planning Board hearing 10. 11. 12. NOTE: If no action is taken with such time, another public hearing with notice and a report must be held. Quantum of Votes - 2/3 vote by City Council or Town Meeting - 3/4 vote by City or Town Council if written protest filed by owners of at least 20% of affected land area. Zoning bylaw unfavorably acted upon by town meeting or City Council may not be reconsidered within 2 years unless Planning Board makes recommendation to do so. TOWNS ONLY: Zoning (and general) bylaws must be submitted to the Attorney General for approval (a) within 30 days after final adjournment of town meeting, town clerk must submit (i) certified copy of bylaws (ii) request for approval (iii) statement explaining bylaw (iv) maps and plan, if any (v) proof of procedural compliance Filing forms may be obtained from A.G. (b) if Attorney General disapproves bylaw, written notice of reasons therefor must be given to town clerk. NOTE: The defects cited by the A.G. may sometimes be cured. Always explore this possibility. TOWNS ONLY: Bylaws approved by Attorney General (including those made effective by A.G.'s failure to act in within 90 days of Town's submittal) must be (a) published in a town bulletin/pamphlet copies of which must be posted in at least 5 public places including 1 or more public places in each precinct, if applicable or (b) published at least twice one week apart in newspaper generally circulated in town. or (c) delivered to every occupied dwelling or apartment in town (affidavits of persons delivering said copies must be filed with town clerk) Copy of adopted ordinance or approved bylaw must be sent by municipal clerk to Department of Community Affairs and kept on file at clerk's office.