[Massplanners] [EXTERNAL] non-exempt educational uses

[Richard Harris]

Good Morning,

I have seen the various responses and I would caution against making this
overly complicated. We should remember that the MGL 40A, Section 3
educational exemption has been interpreted by various courts to include
activities and uses which many of use would not have normally considered
"educational uses". Thus, I like the New Bedford or Lenox definitions which
tie it to those educational facilities or uses which are not exempt under
MGL 40A, Section 3. Such a broad definition respects the breadth of what
courts have determined to be "educationally exempt".

Thank you

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


On Thu, Oct 17, 2024 at 9:01 AM Michael McCarthy via MassPlanners <
massplanners at masscptc.org> wrote:

> Hi Stephen,
>
>
>
> First thing that comes to mind for me is a for-profit trade school, like
> MTTI or Devry. Our definition is *“*Educational facilities not exempted
> from regulation by M.G.L.A. c. 40A, § 3.” I did a quick search and found
> most communities with definition are the same, but Lenox’s has examples:
> “Any educational use that is not exempt under G.L. c. 40A, § 3. Examples
> include a trade or business school, or for-profit college or university.”
>
>
>
> Mike McCarthy
>
> Asst. City Planner
>
> New Bedford
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Stephen
> Wallace via MassPlanners
> *Sent:* Thursday, October 17, 2024 8:37 AM
> *To:* massplanners at masscptc.org
> *Subject:* [EXTERNAL] [Massplanners] non-exempt educational uses
>
>
>
> Dear Hive Mind: In our zoning bylaw’s table of uses is something called
> “non-exempt educational uses”, yet we don’t have a definition for this use.
> Do any of your zoning bylaws have a definition for what constitutes a
>
> Dear Hive Mind:
>
>
>
> In our zoning bylaw’s table of uses is something called “non-exempt
> educational uses”, yet we don’t have a definition for this use.
>
>
>
> Do any of your zoning bylaws have a definition for what constitutes a
> non-exempt educational use?  Can you think of some examples of what would
> qualify as such?
>
>
>
> Thanks
>
>
>
> 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
>
>
>
>
>
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