SENATE DOCKET, NO. 441        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1181

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Diana DiZoglio

_________________

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 relative to variances.

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PETITION OF:

 

Name:

District/Address:

 

Diana DiZoglio

First Essex

 

Michelle M. DuBois

10th Plymouth

1/18/2019


SENATE DOCKET, NO. 441        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1181

By Ms. DiZoglio, a petition (accompanied by bill, Senate, No. 1181) of Diana DiZoglio and Michelle M. DuBois for legislation relative to variances.  Municipalities and Regional Government.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1149 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to variances.

 

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.  Section 10 of chapter 40A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the the following new paragraph:–

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, which shall not include such time required to pursue or await the determination of an appeal referred to in section seventeen, such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.