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Session Law

2006

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Chapter 85 AN ACT MODIFYING THE POWERS OF THE TRANSPORTATION BOARD OF THE TOWN OF BROOKLINE.

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 4 of chapter 317 of the acts of 1974 is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following 3 paragraphs:-

No such adoption, alteration or repeal of a rule or regulation shall take effect, except for special rules or regulations that are declared by the board to be urgently required for public safety or welfare or are of temporary nature and are able to be effective for a period of not more than 60 days, until 30 days have expired after both publication in a newspaper published or distributed in the town and action on any appeal petition filed under this section.
Upon the filing of a petition with the board by not less than 20 registered voters of the town seeking the adoption, alteration or repeal of any rule or regulation under this section, the board shall hold an evening public hearing on that petition within 30 days after the petition has been filed. Petition forms for this purpose shall be available in the office of the board.

Upon the filing of an appeal petition with the board of selectmen by not less than 20 registered voters of the town within 21 days after either the adoption, alteration or repeal of any rule or regulation under this section or the action or inaction of the board on a citizen petition, the board of selectmen shall hold an evening public hearing on the petition within 30 days after the petition has been filed. Petition forms for this purpose shall be available in the office of the board of selectmen. A majority vote of the board of selectmen shall be required to overturn an action of the transportation board. If the board action is not overturned by the selectmen, within 21 days after the conclusion of the selectmen’s hearing, not less than 30 registered voters of the town may file with the town clerk an appeal of this action of the board. The appeal shall contain a warrant article which shall be included in the warrant for the next town meeting, which, by a two-thirds vote, may determine that there is either a general policy issue or a serious safety issue and may overturn the board action. For a general policy issue, town meeting may also, by a two-thirds vote, pass a by-law modifying the board action.

SECTION 2. This act shall take effect upon its passage.

Approved May 19, 2006.

Approved May 12, 2006.

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