[Massplanners] AG Review of Zoning Bylaw Changes and Commencement of Use

[Thomas Bott]

Dear Jonathan: Nope, not an attorney, don't play one on TV nor did I stay at a Holiday Inn last night and all those other colloquial references to being out of my lane.The law is the law until it isn't. Carver is on its second year of having some but not all its bylaws approved absent a 90 day extension (two 90 day extensions last year) due to objections from other parties. It you feel your bylaw is on sound legal grounds then proceed with caution. If you are in the avant-garde then don't spend all the money collected in fees so you don't have to have a bake sale to issue refunds. If it was a petitioned article start baking now.  
One last note in my constant vigilance to keep church and state separate. Consider the merits of referencing Dante Alighieri and his epic nine circles of hell, its a comedy and its divine and (as a recovering catholic) doesn't carry as much baggage as your reference. https://www.alamy.com/stock-photo-dante-inferno-nwoodcut-from-a-venetian-edition-of-the-divine-comedy-95437084.html
TBott


Thomas Bott Carver Town Planner
You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary 

    On Thursday, August 17, 2023 at 12:05:49 PM EDT, Jon Goddard via MassPlanners <massplanners at masscptc.org> wrote:  
 
  #yiv6372558205 P {margin-top:0;margin-bottom:0;}
Hello, MassPlanners,

 

For a municipality where zoning bylaw changes are voted on at a town meeting, it's my understanding that those (zoning) bylaws are deemed effective on the date of the successful vote but are subject to the submittal/AG review/publication process which takes multiple months.    Here in Southwick, residents voted to approve a short-term rental bylaw to establish STRs as a legal use and the parameters surrounding it.  How do your communities manage, say, an application under zoning within this "purgatory" period between the vote and publication, when a bylaw could potentially be scrapped due to some issue unveiled at the AG's office?  

 

Much appreciated,



Jonathan Goddard




Town Planner | Stormwater Coordinator
Town of Southwick-- 
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