Pursuant to MGL c. 40A, Section 5, a zoning bylaw amendment
may be proposed at any time and be placed on the warrant of a Special
or Annual Town Meeting. Proposals that will have a significant impact
on the Town should be presented well in advance of Town Meeting to
allow for careful consideration by local officials and the general
public.
Amendments may be submitted by:
B. The Zoning Board of Appeals.
C. An individual owning land affected by the proposal.
D. Ten or more registered voters for consideration at an Annual Town
Meeting.
E. One hundred or more registered voters, or 10% of the total number
of registered voters, whichever is less, for consideration at a Special
Town Meeting.
G. The Montachusett Regional Planning Commission.
Each of the following steps must be followed precisely. The
Board should document each step as it happens because such documentation
is required when the revised Bylaw is submitted by the Town Clerk
to the Attorney General for approval. The requisite documentation
is described below.
A. An amendment is initiated by submitting the proposed Bylaw or Zoning
Map change to the Board of Selectmen in the form of an article for Town Meeting. (Document
who initiated the amendment proposal and when it was submitted to
the Board of Selectmen.)
B. The Board of Selectmen has 14 days to submit the proposal to the
Board for its review. (Retain a copy of the Selectmen's transmittal
memo to the Board.)
C. The Board must hold a public hearing within 65 days of its receiving
the proposal. Notification of the hearing must be advertised, posted
and mailed to certain parties as described below. The hearing notice
must contain the following information:
(1) The time, date and place of the public hearing.
(2) The subject matter of the hearing "sufficient for identification."
This must contain enough detail so the reader can make an informed
decision on whether to attend the hearing or Town Meeting.
(3) The place where the texts and maps may be inspected. (Retain a copy
of the hearing notice.)
D. The Board must advertise the hearing in a local paper in each of
two successive weeks, the first publication to be not less than 14
days before the day of the hearing. Do not include the date of the
publication when counting the 14 days. (Document the name of the paper
and the dates of publication.)
E. The Board must post the hearing notice in the Town Hall for a period
of not less than 14 days before the date of the hearing. (Document
when the notice was posted.)
F. No more than six months can elapse between the hearing and the Town
Meeting vote on the zoning change.
G. The Town Meeting warrant must be properly posted: seven days before
an Annual Town Meeting; 14 days before a Special Town Meeting.
H. The public hearing must be held at least 21 days before the Town
Meeting. If not, the Board must submit a report with recommendations
or else the amendment cannot be acted upon. The report of the Board
is advisory only, but usually carries considerable weight at Town
Meeting since it is the Board's responsibility by law to thoroughly
evaluate all aspects of the proposal and consider its overall impact
on the Town. In its review, the Board may wish to revise the original
proposal to take into account testimony received at the hearing or
for a variety of other reasons. In its report to Town Meeting, the
Board may recommend amendments to the original proposal without another
public hearing if the fundamental character and identity of the proposal
are not changed but are designed merely to perfect the proposals.
I. A two-thirds vote at Town Meeting is required for adoption of a zoning
bylaw amendment. Town Meeting may amend the original proposal without
a new notice, public hearing, and Board report unless the Town Moderator
rules that the amendment is outside the scope of the article or the
amendment:
(1) Changes the identity or substantial character of the original proposal;
(2) Fundamentally departs from the original proposal;
(3) Radically differs from the original proposal.
J. If the proposed amendment is not favorably acted upon by Town Meeting,
it may not be brought back for a period of two years, unless adoption
is recommended in the final report of the Board.
K. Within 30 days of adjournment of the Town Meeting in which an amendment
was adopted, the Town Clerk must submit to the Attorney General a
certified copy of the amendment, a statement explaining the Bylaw
or Zoning Map change (may be prepared by the Board), and proof that
all of the procedural requirements have been followed. The Attorney
General has 90 days after submission by the Town Clerk to act on the
amendment; if 90 days lapse without action by the Attorney General,
the bylaw is deemed approved, unless said ninety-day period is extended
in accordance with law.
L. After the proposal has received the approval of the Attorney General,
it must be published in a Town bulletin or pamphlet and be posted
in at least five public places in the Town, or the amendment can be
published twice at least one week apart in a newspaper of general
circulation in the Town. (MGL Chapter 40, Section 32)
A zoning bylaw amendment legally takes effect immediately upon
adoption by Town Meeting. The Attorney General, after receiving notification
of the amendment, has 90 days to approve or disapprove the amendment,
unless said ninety-day period is extended in accordance with law.
The Attorney General may invalidate the amendment in full or in part
if it is inconsistent with the Constitution or laws of the commonwealth
or if procedures required by law were not followed.