[Massplanners] Statute of Limitations on Town Meeting Vote

[Barry Crimmins]

Rachel,

Once the two years has passed as provided by Ch. 40A, Sec. 5, the articles can be resubmitted in any form, including the original form. The requirement to be “substantially different” only applies if they are resubmitted within two years of the unfavorable action at Town Meeting, and any such articles can be acted upon at Town Meeting as long as the Planning Board votes to recommend adoption of the article in its report to Town Meeting. 

The vote by Town Meeting to “indefinitely postpone” has no bearing on future Town Meetings and is of no relevance.

Therefore, any of those articles can be resubmitted, and could have been at any time once the two years had passed, or prior to the two years with a positive recommendation from the Planning Board. 

Barry R. Crimmins, Esquire
Principal at Platinum Partners, LLC
Tel: (888)239-9911
www.platinumpartnersllc.com






> On Aug 17, 2021, at 2:58 PM, Rachel Benson <RBenson at wrentham.ma.us> wrote:
> 
> 
> Hi All,
> Would anyone out there be able to share what the statute of limitations is on a Town Meeting vote of “Indefinite Postponement” on zoning amendments?
>  
> Background: In 2005, 22 Zoning Amendments were proposed at a Special Town Meeting. All 22 were unanimously voted down due to the residents not having enough information on the articles. Furthermore, the residents voted to indefinitely postpone all those articles.
> Our Town Clerk was not clear on what if any was the time table to bring these articles back up at Town Meeting and if we do bring them back up (not all 22 at once…craziness!!) would they have to be substantially different than originally proposed.
>  
> Thank you in advance!
>  
> Thank you and have a great day!
>  
> Rachel Benson
> Director of Planning & Economic Development
> Town of Wrentham
> 79 South Street
> Wrentham, MA  02093
> 508-384-5441
> www.wrentham.ma.us
>  
> Please be advised that the Massachusetts Secretary of State considers e-mail to be a public record, and therefore subject to the Massachusetts Public Records Law, M.G.L. c. 66 § 10.
>  
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