HOUSE DOCKET, NO. 2911        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3397

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Joseph W. McGonagle, Jr.

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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 to streamline housing production through abutter appeals reform.

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PETITION OF:

 

Name:

District/Address:

Joseph W. McGonagle, Jr.

28th Middlesex

Tommy Vitolo

15th Norfolk

Kevin G. Honan

17th Suffolk

Natalie M. Higgins

4th Worcester

Kay Khan

11th Middlesex

Daniel J. Hunt

13th Suffolk

David M. Rogers

24th Middlesex

Mary S. Keefe

15th Worcester

Thomas P. Walsh

12th Essex

Diana DiZoglio

First Essex

Mike Connolly

26th Middlesex

Jack Patrick Lewis

7th Middlesex

Brian W. Murray

10th Worcester

Peter Capano

11th Essex

Julian Cyr

Cape and Islands


HOUSE DOCKET, NO. 2911        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3397

By Mr. McGonagle of Everett, a petition (accompanied by bill, House, No. 3397) of Joseph W. McGonagle, Jr., and others relative to judicial review for persons aggrieved by decisions of boards of appeals or special permit granting authorities.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to streamline housing production through abutter appeals reform.

 

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

Section 17 of chapter 40A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:

The court, in its discretion, may require non-municipal plaintiffs in an action under this section to post a surety or cash bond in an amount not to exceed $15,000 to secure the payment of costs in appeals of decisions approving special permits, variances and site plans where the court finds that the harm to the defendants or to the public interest resulting from the delays of appeal outweighs the burden of the surety or cash bond on plaintiffs.  When making a decision regarding surety or cash bond requirements, the court may consider the relative merits of the appeal and the relative financial means of the appellant and the defendants.