[Massplanners] Legal ad for ADU zoning changes?

Wed Feb 26 11:01:06 EST 2025

It is my understanding that the legal notice does not bind the Board (or Town Meeting) actions. It is a notice to the public regarding the zoning that the Board is contemplating and announces the date and time for public input and discussion. Changes during the public hearing and town meeting can bring the bylaw to the “more lenient” or “less restrictive” direction without triggering the need to publish a new notice. If a zoning bylaw amendment becomes more restrictive than the notice says – only then would you run into a question for the AG’s office on whether a new notice is recommended. And then, it’s not an automatic, but a question you would want to discuss with the Municipal Law Unit of the AG’s office – (very knowledgeable and friendly staff, by the way).
Best of luck with it!
Maren
Maren A. Toohill, AICP
Town Planner
978/540-2425
MToohill at littletonma.org<mailto:MToohill at littletonma.org>
Town of Littleton

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Maria De La Fuente via MassPlanners
Sent: Wednesday, February 26, 2025 9:50 AM
To: Judi Barrett <judi at barrettplanningllc.com>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Legal ad for ADU zoning changes?

Warning – THIS EMAIL WAS SENT BY AN EXTERNAL SENDER

Hi Judi,

The issue is that what I wrote in my detailed legal ad may change. For example, the Board may choose that conversions of pre-existing carriage houses should be allowed by-right instead of SPA, or that we do not want to allow ADUs larger than 900 SF at all--- if the Boards think of changing anything substantial in the draft bylaw, then the legal ad would be inaccurate. I don't want to send in a legal ad that would bind the Boards to draft the bylaws a certain way-- that's their decision and not mine as staff. I don't see how I can send in a detailed ad and not be put in an awkward position.

Thank you,
Maria De La Fuente
Medfield Director of Land Use and Planning
459 Main Street
Medfield, MA  02052
(508) 906-3027
mdelafuente at medfield.net<mailto:sraposa at medfield.net>

On Wed, Feb 26, 2025 at 9:33 AM Judi Barrett <judi at barrettplanningllc.com<mailto:judi at barrettplanningllc.com>> wrote:
Maria,

I recommend the more detailed version.

Judi Barrett

Barrett Planning Group LLC

350 Lincoln Street, Suite 2503

Hingham, MA 02043

(P): 781-934-0073, #7

(C): 781-206-6045

judi at barrettplanningllc.com<mailto:judi at barrettplanningllc.com>

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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> on behalf of Maria De La Fuente via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Date: Wednesday, February 26, 2025 at 09:04
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org> <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] Legal ad for ADU zoning changes?

Hi everyone,

I need to submit the legal ad for our new ADU bylaw by the end of this week. However, we still haven't had an extensive discussion on the matter, and we’re waiting for HLC’s info session on March 11th to gain more clarity. We’re aiming to hold a joint PB/ZBA meeting on Mach 17, and our own public hearing on March 24th—the latest possible date to still meet all Warrant Committee and printing deadlines.

My main question is: how detailed does a legal ad for a zoning change need to be? Initially, I had drafted language simply stating that the changes were “to conform to the new state law,” (and cited all appropriate State codes) but Counsel advised that much more detail is required. I can add a lot more details based on my current draft, but since we are still awaiting further guidance on the new law and regulations, my draft may need revisions after the March 11th webinar. I want to provide as much detail as possible, but the reality is that I'm unclear on the details until further meetings are held throughout March.

What happens if I submit a legal ad that later turns out to be inaccurate due to further revisions? How are other communities handling this situation?

For reference, here's my original legal ad<https://docs.google.com/document/d/1y3m20Z_1maHB07d2PTA_GRpjB2s31lFX/edit?usp=sharing&ouid=103443541894153033126&rtpof=true&sd=true>, and here's my more detailed ad.<https://docs.google.com/document/d/1wNXU2sADs1_nQmb1GkHrEMv2OfvqqFjf/edit?usp=sharing&ouid=103443541894153033126&rtpof=true&sd=true>

Looking forward to your thoughts.
Maria De La Fuente
Medfield Director of Land Use and Planning
459 Main Street
Medfield, MA  02052
(508) 906-3027
mdelafuente at medfield.net<mailto:sraposa at medfield.net>

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