[Massplanners] Zoning Bylaw Changed without Town Meeting Approval

[bryonclemence at gmail.com]

That might work. I would look to the stated purpose of the recodification: whether that specifically excluded substantive changes to the bylaw. If so, then the section in question shouldn’t have been removed, and a scrivener’s error might be to blame

 

Good luck,

 

Bryon Clemence, P.E.

Water Resources Committee

Agricultural Commission

Boxborough

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Harry LaCortiglia via MassPlanners
Sent: Saturday, October 15, 2022 8:53 AM
To: massplanners at masscptc.org
Subject: Re: [Massplanners] Zoning Bylaw Changed without Town Meeting Approval

 

Sounds like a scrivener's error.

H. LaCortiglia

Georgetown P.B. 

 

On 10/14/2022 2:00 PM, Bob RITCHIE via MassPlanners wrote:

Only Town Meeting can change the bylaw.  Without Town Meeting action, nothing was removed from the bylaw. So, saying "Bylaw Changed without Town Meeting Approval" is simply false as a matter of law.  

Bob Ritchie
20 Bayon Drive
Apartment 314
South Hadley, MA 01075
413-531-2431
bobritchie at comcast.net <mailto:bobritchie at comcast.net>  

On 10/14/2022 12:01 PM Duchesneau, Adam via MassPlanners  <mailto:massplanners at masscptc.org> <massplanners at masscptc.org> wrote: 

 

 

Hello Everyone,

We have a situation where it appears a section from the Town’s Zoning Bylaw was removed WITHOUT approval from Town Meeting. It appears to have occurred during a recodification/reformatting of the bylaw, but there was no Town Meeting process or a Town Meeting vote which authorized the removal of this language. This appears to have happened sometime back in the mid to late 1990s.

 

I am wondering if this language which was removed is still valid and applicable as part of the Zoning Bylaw since it was removed without the appropriate Town Meeting process or vote? If so, can this language just be reinserted back into the Zoning Bylaw? Or, is the only way to get the language back into the Zoning Bylaw by going through the full Town Meeting approval process?

 

If anyone has dealt with this before or has thoughts on this, please let me know when you have a chance. Thank you.

 

Adam

 

Adam L. Duchesneau, AICP (he/him/his)

Director of Planning & Community Development

Town of Sudbury | Flynn Building, 278 Old Sudbury Road | Sudbury, MA 01776

t 978-639-3398 | f 978-639-3314 | DuchesneauA at Sudbury.MA.us <mailto:DuchesneauA at Sudbury.MA.us>  

www.sudbury.ma.us <http://www.sudbury.ma.us/> 

 

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