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Boxborough schedules Aug. 31 hearing to revise bylaws after sweeping Chapter 40A changes
Summary
The planning board set a public hearing for Aug. 31 to consider bylaw revisions triggered by recent state changes to Chapter 40A; staff warned the changes are broad and could require legal review and careful drafting.
The board voted to schedule a public hearing on Aug. 31 to consider revisions to the zoning bylaw required by recent changes to Massachusetts General Laws chapter 40A. Alec told the board the governor's signature on the budget enacted immediate changes to the zoning enabling act and flagged multiple bylaw sections for revision, including use-variance rules, vesting and the definition of entitlements.
"When the governor signed, her budget, for the state this past July…She also passed sweeping changes effective immediately to Mass General Law chapter 40A," Alec said as he walked members through sections of the bylaw that would need modification. He recommended an approach that points repeatedly back to state law and suggested the board seek legal review. Several members, including Mark White, warned the changes are likely to be litigated and urged caution: "This will absolutely be litigated," Mark said, noting the scope of settled case law that the amendments upend.
Alec told the board he'd prepare draft language and coordinate with the town's counsel; the board asked staff to invite Attorney Adam Costa to join a future meeting and confirmed the Aug. 31 remote hearing date to give the public an opportunity to weigh in before the warrant deadline. The board will review draft language at a meeting on Aug. 17 and expects to present language for the Aug. 31 hearing.
