[Massplanners] Rejection of Bylaw Amendment by Select Board?

[Town Administration]

>From MGL 40A Sec 5 (emphasis added)

In the case of a submitted bylaw, regardless of who submits it, "The board of selectmen or city council shall within fourteen days of receipt of such zoning ordinance or by-law submit it to the planning board for review. "

That being said, whether said bylaw goes on the warrant is likely governed by MGL Chapter 39 Section 10.  When accompanied by the required number of signatures, the warrant article MUST be included.   Of course, it may come with a negative recommendation by the Selectboard.

Failure of a Selectboard to abide by these two provisions could land them in hot water.

Some towns have moved proactively to require inclusion of warrant articles, when submitted by various entities (e.g., Code of Dedham, Section 85-4<https://ecode360.com/15756276?highlight=articles,warrant,warrants&searchId=5252344940036660#15756276>)

Politically speaking, the smarter choice for a Selectboard is to gladly accept a warrant article, and then to clearly express their reasons for opposition.  Excluding the warrant article is just an invitation by an active proponent to get the requisite number of signatures, and force a Special Town Meeting - which just costs the town time and money.

Respectfully,

- Doug.
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Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
413-203-3086

________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Andrew Groff via MassPlanners <massplanners at masscptc.org>
Sent: Friday, February 18, 2022 9:06 AM
To: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [Massplanners] Rejection of Bylaw Amendment by Select Board?


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Happy Friday MassPlanners Community!

This is an odd question that has come up in debate in Williamstown and I believe the answer to be no, but thought I would float this out there to folks and see if it's ever happened before. We all know that MGL 40A has a list of groups who may propose ZBL Amendments to the Selectboard (in a Town). Has anyone ever heard of a Select Board in Massachusetts either refusing to accept said amendment proposal or refusing to forward it to the Planning Board for Public Hearing? I don't believe the law allows for this but, curious nonetheless.

Thanks and Happy long Weekend to All,
Andrew Groff

--
Town of Williamstown
Community Development Dept.
Andrew Groff, A.I.C.P.
Director
31 North Street
Williamstown, Mass. 01267
(413) 597-8284
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