H4047 — An Act relating to special permits

Summary

An Act relating to special permits

Bill Text

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The bill modifies the procedures for public notice and participation in the permit process under chapter 40A, extends the period for notice publication, and allows non-abutters to initiate appeals regarding permit decisions.

• Section 11 of chapter 40A

  two successive weeks, the first publication to be not less than fourteen days before the day of the hearing and by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing → 4 successive weeks, the first publication to be not less than 30 days before the day of the hearing, by posting such notice in a conspicuous place in the city or town hall for a period of not less than 30 days before the day of such hearing and by posting such notice on the city or town’s website for a period of not less than 30 days before the day of such hearing

  This change extends the notice period for hearings from two weeks to four weeks and increases the publication and posting requirements.

• Section 11 of chapter 40A

  ; provided, that, for the purposes of judicial review pursuant to section 17, “parties in interest” shall include non-abutters who demonstrate that: (i) the use for which the permit or special permit was granted violates or is likely to violate a municipal nuisance, environment or other quality-of-life ordinance; and (ii) either: (1) the violation of the municipal ordinance aggrieves a substantial number of non-abutters; or (2) the decision of the special permit granting or permit granting authority was procedurally flawed.

  This addition expands the definition of 'parties in interest' to include non-abutters under certain conditions for judicial review.

• Section 11 of chapter 40A

  street address, if any, or other adequate identification of the location, of the area or premises which is the subject of the petition → a map of the area or premises which is the subject of the petition including the names and street addresses of all abutters.

  This change requires a map identifying the area in question and the names and addresses of abutters instead of just an address.

• Section 11A. (a) Prior to filing an appeal in court pursuant to section 17, non-abutters qualifying as parties in interest pursuant to section 11 may submit to the special permit granting or permit granting authority or the board of appeals a written demand for relief, reasonably describing the permit decision at issue, the municipal ordinance being violated, the grievance being caused by the violation, the persons being aggrieved, any procedural flaws in the authority’s decision and the relief sought. (b) The special permit granting or permit granting authority or the board of appeals shall review a written demand for relief received pursuant to subsection (a) and make a reply to the non-abutters notifying them of its final decision on the matter.

  This new section allows non-abutters to formally request a review of permit decisions before pursuing legal action.

Sponsors

• III John Barrett · Primary

Subjects