[Massplanners] table of uses

[Bob Mitchell]

Stephen: There is no statutory language related to this topic. If a
town/city wants to make this its policy it should adopt specific
language to this effect into its zoning bylaw/ordinance. Communities
treat this topic differently. Some prohibit uses not listed in the bylaw,
some towns assign the responsibility to the judgement of the building
inspector, or maybe the zba, to allow the use in its most "related"
category in the table of uses and I assume some towns have other provisions
as to how they treat this situation.

It is up to each individual town to decide how it wants to deal with this
situation and then adopt appropriate language into its bylaw.

Bob

Bob Mitchell FAICP
Planning Consultant
Land Use, Planning, Zoning, & Training Programs
151 Tremont Street Suite 23A
Boston, MA 02111
617-512-9751 (c)
MitchellFAICP at gmail.com



On Mon, Jan 30, 2023 at 11:02 AM Stephen Wallace via MassPlanners <
massplanners at masscptc.org> wrote:

> Fellow Planners:
>
>
>
> I’m not having any luck finding the legal citation that says that if a use
> is not specifically listed in your zoning bylaw’s table of uses, then it’s
> not allowed.  Can you hip me to the legal citation for this, or perhaps the
> relevant case law?
>
>
>
> Thanks a bunch.
>
>
>
> Stephen Wallace
>
> Town Planner
>
> Phone: 978-422-8111,  Extension 2320
>
> Email: swallace at sterling-ma.gov
>
>
>
> Butterick Municipal Building
>
> 1 Park Street
>
> Room 202
>
> Sterling, MA 01564
>
>
>
>
>
> When writing or responding, please be aware that the Massachusetts
> Secretary of the Commonwealth has determined that most email is a public
> record and, therefore, may not be kept confidential.  However, the
> preceding email message (including any attachments) contains information
> that may, under specific circumstances, be confidential, may be protected
> by law or other applicable privileges, or may constitute non-public
> information. It is intended to be conveyed only to the designated
> recipient(s) named above. If you are not an intended recipient of this
> message, please notify the sender by replying to this message and then
> delete all copies of it from your computer system. Any use, dissemination,
> distribution, or reproduction of this message by unintended recipients is
> not authorized and may be unlawful.
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20230130/e5a801d7/attachment.htm>