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SCOTT HARSHBARGER02,108-7698 ATTORNEY GENERAL (817)727-2200 July 7, 1995 1 Jane D. Labute f Town Clerk 16 Great Neck Road North Mashpee, Massachusetts 0264.9 re: May 1, 1995, Special Town Meeting Article 13 Dear Ms . Labute: I write you in regard to article 13 from the warrant for the Mashpee special town meeting that met May 1, 1995 . t In regard to article 13 we need additional information because of the nature of the article. First, we need two certified copies of a zoning map, with a legend showing the various types of zones in Town, showing the locus of the proposed rezoning and the current zoning of the surrounding area. Please see Form 3 . Second, "when zoning by-laws or amendments thereto are submitted to the attorney general for approval . . . he shall also be furnished with a statement which may be prepared by the planning board, explaining the by-laws or amendments proposed, which statement may be accompanied by explanatory maps or plans . " G.L. c. 40A, § 5. Because this is a rezoning of a small, discrete area, we request an explanation as to why the rezoning is not "spot zoning. " Because we are often asked about the definition of spot zoning, we provide the following: In Massachusetts, " " [s] pot zoning" - singling out a parcel of land for special treatment as compared to other parcels in the same zoning district - is unlawful . " Canteen Corporation v. Pittsfield, 4 Mass. App. Ct. 289 , 294 (1976) ; National Amusements v. Boston, 29 Mass. App. Ct. 305 (1990). Section 4 of G.L. c. 40A provides that "any zoning by-law which divides . . . towns into districts shall be uniform within the district for each class or kind of structures or uses permitted. " The uniformity requirement [of c. 40A, § 41 is based upon principles of equal treatment: all land in similar circumstances should be treated alike, so that