[Massplanners] Zoning Bylaw Changed without Town Meeting Approval

[Thomas Bott]

Dear Adam:In Bob Ritchie we trust. Suggest that you schedule a hearing prior to Town Meeting, tell your story and hope, assuming its not housing related, for a 2/3 vote in the Spring. If the 1990 zoning pertains to nuclear power plants you're not likely to get many takers anyway but as our esteemed colleague points out there is no nuclear option to that most revered form of springtime democracy.TBott
Thomas Bott Carver Town Planner
You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary 

    On Friday, October 14, 2022 at 02:02:27 PM EDT, Bob RITCHIE via MassPlanners <massplanners at masscptc.org> 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 

  
  On 10/14/2022 12:01 PM Duchesneau, Adam via MassPlanners <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 
 
www.sudbury.ma.us
 


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