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We will use this information to improve the site. Within ten days of notice from HAC, ZBA must transmit copy of its decision and reasons to the committee. Massachusetts laws. B. 40B - Regional Planning Law - M.G.L. 0000005458 00000 n
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E. Attorney General required to review all legislative actions taken by 351 cities and towns as to general, zoning and historic bylaws. ZONING LIMITATIONS – contained in 40A, IV. c. 40A, §§ 12, 14. Restrictions precluding homeowner from placing manufactured home on the site of residence damaged or destroyed by fire or natural disaster for up to one year; Setbacks and open space limitations which preclude disability access ramps on private property for the purpose of facilitating a physically disabled person; Prohibition to unreasonably regulate installation solar energy systems; Prohibition to preclude construction or use of an antenna structure by a federally licensed amateur radio operator. Gives cities and towns authority to adopt ordinances and bylaws to regulate the use of land, buildings and structures. 0000032438 00000 n
A. B. Each community adopts its own unique zoning bylaw, 2. BUILDING CODE – 780 CMR - MA State Building Code. Mass.gov® is a registered service mark of the Commonwealth of Massachusetts. An Act to amend Chapter 665 of the Acts of 1956, Boston’s Zoning Enabling Act (ZEA), to authorize adoption of Boston’s Inclusionary Development Policy, which provides for affordable housing, as an amendment to the Zoning Code and ensure the continued applicability of Boston’s Linkage program, 268 0 obj
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303, 304-306, 471 N.E.2d 336 (1984). 0000007363 00000 n
E. Variance - With public hearing ZBA has statutory power to grant variance from existing zoning ordinances based upon circumstances of hardship. v``Ha`p���0 *9
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Similar to 40A but with differences. C. Board of Survey – An old alternative name for Planning Board. Boston College Environmental Affairs Law Review Volume 30 Issue 3Twists in the Path from Mount Laurel Article 9 1-1-2003 Combating Urban Sprawl in Massachusetts: Reforming the Zoning Act Through Legal 0000002463 00000 n
303 (1984). Article 37 Requirements. Boston City Council has no role in zoning. D. 40A specifically grandfathers any lot for single and two-family residential use of minimum area of 5,000 square feet and 50 feet frontage not held in common ownership with adjacent land. E. Subdivision control – one of two primary functions of Planning Board, F. Purposes of the Subdivision Control Act - M.G.L. A SUMMARY OF 2013 ZONING APPELLATE CASES 1 TABLE OF CONTENTS (Alphabetically) Alford v. Boston Zoning Comm'n, 84 Mass. Protecting safety, convenience and welfare of inhabitants; Regulating, planning and construction of roads; Lessening congestion in subdivision and adjacent public ways; Reducing danger to life and limb in operation of motor vehicles; Securing safety in fire, flood, panic and other emergencies; Insuring compliance with applicable zoning ordinances, bylaws; 0. 0000006703 00000 n
(the Boston act), the Boston zoning commission adopted the code. A. Boston - In lieu of Planning Board, Boston vests all planning responsibilities in Boston Redevelopment Authority (BRA). 0000004843 00000 n
D. Comprehensive Plan (Master Plan) including the city/town official map is one of two primary functions of Planning Board. %PDF-1.3
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A demolition permit may be required depending upon scope of work. Overlay district is district superimposed over one or more zoning districts or parts of districts imposing specified requirements or providing opportunities in addition to those otherwise applicable for the underlying zone. If ZBA acts unfavorably, petitioner barred from returning to ZBA on same issue for two years except with approval of the planning board. (Boston, MA, APRIL 11, 2019) – Today, on the eve of the 51st anniversary of the Fair Housing Act, Councilor Lydia Edwards introduced a zoning amendment at the city council to advance fair housing through planning and zoning in the City of Boston. Alexander Kovel and Mr. Rodgers, of the institute, were the principal draftsmen of Chapter 774 of the Acts of 1969, the Anti-Snob Zoning Act. Securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, municipal equipment, and street lighting; 1. 303 (1984). 0000003634 00000 n
Legal basis for master planning M.G.L. Chapter 129, Acts of 1889. May require Board of Health approval if additional bedrooms are proposed and the residence is served by a septic system. Mayor or selectmen appoint ZBA members. 10-years any requirement to compel removal, alteration or relocation of structure built without a building permit. H����n�0����ƀ��.�f�EgF*�npZ�#pe�~l�괌f6�s��?�@��0����'vG�ƘAZp�Ρ��-_�e-���'��͞�P����a��hV�g(c��
E�W�o��x����^s�8��Y�C���à��|��ݪ�܈D/U-kX��� E�c��y�h^��\�&�4C�~r1ZL|����H�����㾸��ť9x�P�Y0�d�#_n@��A�؈��P�l_��mv%���*0���5;�tB�V��Zn�`l����;sb� �,A��@�=8��j@[�j�8w�]@9��KE[���ɞ Boston Zoning Code and Enabling Act, 0301.045, Box: 1. B. Regulated by M.G.L. (St. 1956, c. Coordinating ways within subdivision with each other and with the public ways and with ways in neighboring subdivisions; 2. Fair housing is aimed at ensuring the equal rights to housing of protected classes of citizens, particularly those who have been victimized because of their race, color, sex, physical ability, family … City officials created the Boston Zoning Code in 1964. BOSTON ENABLING ACT - M.G.L. BOSTON ENABLING ACT - M.G.L. c. 665 of Acts of 1956. Local Zoning – Massachusetts, all zoning is local, 1. Zoning not retroactive - Building lots, structures and uses pre-existing zoning may be grandfathered and not subject to new and more restrictive zoning. Fortunately, there is a bill pending on Beacon Hill that begins to fix this. ZBA can approve affordable housing developments under flexible rules if at least 20-25 percent of new dwelling units have long-term affordability restrictions. (M.G.L. 0000001762 00000 n
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c. 40A, §6. B. c. 40A (the “Zoning Act”), which applies to all other cities and towns in Massachusetts. What is Zoning? Small Towns - If towns do not maintain a Planning Board, Board of Selectmen act in this capacity. Zoning bylaws typically create zoning districts for residential, commercial and industrial uses, 3. Statute 1975, c. 808, which enacted G. L. c. 40A as an amended zoning act of general application, did not supersede or repeal by implication St. 1956, c. 665, "An Act authorizing the city of Boston to limit buildings according to their use or construction to specified districts." c. 40A – The Zoning Act. 0000006125 00000 n
Identifies constituency groups whose members must be included on two zoning boards. 0000008506 00000 n
STATUTE OF LIMITATIONS - M.G.L. In 1956 the Boston zoning enabling act became law. State building code supersedes any local building code bylaws. In 1968, the Fair Housing Act became the law of the land. App. Includes procedures for special permits, variances, appeals and public notification. On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). VI. 0000004277 00000 n
40B is viewed as both a blessing and a curse. advantage by the state-imposed requirement that any zoning change ALLAN G. RoDGERS is Codirector of the Massachusetts Law Reform Institute, a federally financed law reform center in Boston. Approval-Not-Required (ANR) - M.G.L c. 41, §§ 81L, 81M, 81P Land may legally be divided if all new lot(s) comply with lot size and frontage requirements of existing zoning. The crux of the plaintiff's argument is that the Boston Zoning Code, which was authorized by St. 1956, c. 665, was repealed by St. 1975, c. 808, an amended zoning act for all cities and towns in the Commonwealth, enacted by the Legislature, and which the plaintiff contends impliedly repealed Boston's special zoning type statute. Limitations related to uses such as agriculture, horticulture, floriculture, viticulture, day care facilities, educational and religious institutions, public service corporations and congregate living facilities for the disabled; Restrictions of building materials regulated by state building code; Restrictions on interior area of single-family homes; Restriction on all commercial development. started to run with respect to prior zoning relief on the date that 1975 Mass. c. 40A, §7. Section 17 of the Zoning Act provides in part that In absence of a ZBA, board of selectmen or city council serves in that capacity. Establishes two zoning authorities – Zoning Commission and Zoning Board of Appeal. 40A excludes Boston, which has own Enabling Act. [486] Enabling law allows local communities to create zoning bylaws and ordinances under their police powers. This form only gathers feedback about the website. �$��B��s]Ph�ʎ�1$�HCH3�<
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The bills move affordable housing forward and signal the state’s urgency … Legislature essentially eliminated local building codes. M.G.L. Boston’s zoning charter, which regulates land use and public and private development, was adopted in 1956 and amended over the years. C. Right to appeal decision to Superior Court or Land Court. Zoning codes in Boston Ct. 359 (2013). Would you like to provide additional feedback to help improve Mass.gov? Part 3 [1899, c. 222, sect. Renovation – construction activity within an existing footprint. c. 41, §§ 81K - 81GG -. MGL c. 40A Zoning. Zoning in Boston is governed by c. 665 of the Acts of 1956, as amended (the “Enabling Act”), not by M.G.L. This latest edition includes an appendix covering City of Boston permitting requirements imposed by the Public Improvement Commission, the Air Pollution Control Commission, the Boston Landmarks Commission, and the Boston Parks and Recreation Department. E. Non-use of commercial non-confirming property for two years may require a special permit subject to decision by zoning enforcement officer. BRA a quasi-independent public agency charged with overseeing planning and economic development.