[Massplanners] Zoning Bylaw Amendment submitted the Select Board

[Aiu, Imaikalani]

My understanding, Liz, is that all zoning bylaw amendments officially start with the SB transmitting the bylaw to PB to hold a hearing. This is true even if the PB originated the bylaw and has been working in it for years. MA general law says SB transmits the bylaw.  So a lot of times this is a technicality that must be met.

PB actually does not get to change the bylaw but makes a recommendation to the moderator. That recommendation could result in an amendment on town meeting floor or the SB, time permitting, could choose to place an amended version in the warrant.

Hope that helps. There’s a lot of arcane procedural points that have to get met.

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________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Liz Allard via MassPlanners <massplanners at masscptc.org>
Sent: Tuesday, October 4, 2022 9:23:38 AM
To: Massachusetts Planners <MassPlanners at masscptc.org>
Subject: [Massplanners] Zoning Bylaw Amendment submitted the Select Board

Good morning,

The Harvard Select Board recently submitted a Zoning Bylaw amendment to the Planning Board, which is a first for me.

As I understand the process this would be similar to a citizen petition in which the PB holds the public hearings; at which the PB can decide to support or not support the article at town meeting.

What I am getting conflicting information about is the actual hearing process.

If the PB makes changes to the amendment does it need to go back to the SB for approval?

Should a representative of the SB be in attendance at the public hearings?

Any advice or process another community may follow would be much appreciated.

Thank you

Liz Allard
Land Use Administrator/
Conservation Agent
Town of Harvard
13 Ayer Road
Harvard, MA 01451
978-456-4100 ext. 321

The Commonwealth of Massachusetts Secretary of State has determined that e-mail is a public record. Privacy should not be expected.
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