HOUSE DOCKET, NO. 4193        FILED ON: 3/2/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3552

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kristin E. Kassner

_________________

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 zoning voting thresholds.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kristin E. Kassner

2nd Essex

3/2/2023

Liz Miranda

Second Suffolk

3/7/2023

Marcus S. Vaughn

9th Norfolk

5/4/2023


HOUSE DOCKET, NO. 4193        FILED ON: 3/2/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3552

By Representative Kassner of Hamilton, a petition (subject to Joint Rule 12) of Kristin E. Kassner and Liz Miranda relative to zoning voting thresholds.  Municipalities and Regional Government.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2140 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to zoning voting thresholds.

 

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

SECTION X – Section 5 of chapter 40A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are two branches, or by a two-thirds vote of a town meeting. Except that the voting majority may be changed to a range between a simple majority and a two-thirds majority vote; such change shall be made by the voting majority then in effect and shall not become effective until 6 months have elapsed after the vote. However, if in a city or town with a council of fewer than twenty-five members there is filed with the clerk prior to final action by the council a written protest against such change, stating the reasons duly signed by owners of twenty per cent or more of the area of the land proposed to be included in such change or of the area of the land immediately adjacent extending three hundred feet therefrom, no such change of any such ordinance shall be adopted except by a two-thirds vote of all members.