HOUSE DOCKET, NO. 2006        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1813

The Commonwealth of Massachusetts

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PRESENTED BY:

Brian W. Murray

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regarding municipal tools to lessen land use disputes.

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PETITION OF:

HOUSE DOCKET, NO. 2006        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1813

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act regarding municipal tools to lessen land use disputes.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 40A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 9C the following section:-

Section 9D.  No ordinance or by-law shall prohibit an owner of land or structures who has applied or intends to apply for a building permit, any permit or approval required under this chapter, an approval under sections 81K to 81GG, inclusive, of chapter 41 or a comprehensive permit under sections 20 to 23, inclusive, of chapter 40B from requesting of the public official or local board charged with acting on the application to undertake a land use dispute avoidance process.

              If the applicant and the public official or local board agree to a land use dispute avoidance process, the mediator or facilitator for the dispute avoidance process may convene meetings or conduct interviews that shall be confidential and privileged from discovery in accordance with section 23C of chapter 233.  The mediator or facilitator shall have the protections provided under said section 23C of said chapter 233.  To the extent that public bodies are participants, their deliberations may be held in executive session to the extent permitted by clause 9 of subsection (a) of section 21of chapter 30A.             

              The applicant and the public official or local board shall, by an agreement in writing filed with the city or town clerk, stipulate and agree to extend any otherwise applicable time requirements of state or local law. Whether a resolution results, the applicant may proceed with the application without prejudice for having participated in a conflict evaluation or resolution effort and the application process shall proceed in due course as otherwise provided by law, ordinance or by-law. 

SECTION 2.  The first paragraph of section 81BB of chapter 41 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second and third sentences, as contained in lines numbered 12-18, and inserting in place thereof the following four sentences:- "Such civil action shall be in the nature of certiorari pursuant to section 4 of chapter 249.  A complaint by a plaintiff challenging a subdivision approval under this section shall allege the specific reasons why the subdivision fails to satisfy the requirements of the board’s rules and regulations or other applicable law and allege specific facts establishing how the plaintiff is aggrieved by the decision.  A complaint by an applicant challenging a subdivision denial or conditioned approval under this section shall similarly allege the specific reasons why the subdivision properly satisfies the requirements of the board’s rules and regulations or other applicable law.  The fourth to seventh paragraphs, inclusive, of section 17 of chapter 40A shall govern the allowance of costs and the requirement of a surety or cash bond for actions under this section."