[Massplanners] Zoning Bylaw Changed without Town Meeting Approval

[Richard Harris]

Bob,

What if Town Meeting had adopted the recodified Zoning Bylaw as a replace
motion?

This is what was done in South Hadley - based on Town Counsel and General
Code advice.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Mon, Oct 17, 2022 at 3:00 PM Bob Ritchie <bobritchie at comcast.net> wrote:

> If Town Meeting did not remove it then it is still in the bylaw. What you
> refer to as a recodification did not delete anything. No Town Meeting
> action is required now to put back what was not removed in the first place.
> The bylaw is And remains what was before the recodification.
> Bob Ritchie
> 20 Bayon Drive
> Apartment 314
> South Hadley MA 01075
> 413-531-2431
> S reTo
>
> On Oct 17, 2022, at 2:23 PM, Richard Harris via MassPlanners<
> massplanners at masscptc.org> wrote:
>
> 
> Was the recodified Bylaw adopted by Town Meeting?
>
> Thank you
>
> Richard Harris, AICP
> PDR, LLC
> Planning Consultant
> 413-335-5012
>
>
> On Fri, Oct 14, 2022 at 12:02 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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