[Massplanners] Reconciliation in MGL Ch 40A Sec 5

[Douglas Finn]

Greetings all --

I'm sure this has been beaten to death prior to now, but here I go once
more unto the breach...
My question has to do with zoning bylaw changes as adopted in a Town with
Town Meeting.

MGL 40A Sec 5 (third from last para) says -

"The *effective date *of the adoption or amendment of any zoning ordinance
> or by-law shall be the date on which such adoption or amendment was voted
> upon by a city council or town meeting; if in towns, publication in a town
> bulletin or pamphlet and posting is subsequently made or publication in a
> newspaper pursuant to section thirty-two of chapter forty."


Reading through the first paragraph of MGL 40 Sec 32 is enough to make your
eyes bleed.  I won't make you suffer such fate here.  Suffice it to say:

Given
 - a properly conducted vote at Town meeting to approve, and
 - subsequent attorney general approval, and
 - subsequent notice or publication in accordance with Ch. 40 Sec. 32, and
 - provided that the bylaw or amendment does not otherwise specify an
effective date,
the new bylaw language is effective as of the date of the Town Meeting
vote.

Is this correct?

Here's another related question:

It's my understanding that, where an application has been submitted AFTER
the first public notice of the Planning Board's public hearing, held to
receive public comment on bylaw changes, the application shall NOT be
exempt from the requirements of the new zoning bylaw.

Am I off on that point?

Thanks,

- Doug.

============================
Douglas Finn
Assistant Pro Tem
Edgartown Planning Board
508-560-6602
dfinn at edgartown-ma.us
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