10/04/2005 WATERWAYS COMMISSION Minutes

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AG's offi"ce explains bylaw. d"isapproval *By Robert Ritchie by town meeting whether to sions are not included cities, or the selectrnen in rezone all of bath parcels, within the scope of Section towns, or the town manager e vast majority of gen- portions thereof, or none at 53G, but are otherwise re- in towns which-have adopted eral and zonino bylaws all. By having voted in the quired to deposit all fees re- the town managcr farm of ubmUted to the MunLI enact terns of the article, ceived by the commission gov nrn nta" Law UnLt off'the attorney town meeting left serious into a wetlands protection The attorney general's of- general's officefor review doubt as to how the zoning fund established by Section flee disapprDived a bylaw that are a prom d, but a number neap would be redrawn. 218 of the 1998 budget. would have required the pay- are dLsapproved or uxuTant Delegation of legislative This section provides: ment of"a fec for the rea- cauttonary con nnn L The powev. One towifs bylaw "Notwithstanding the provi- sonable casts and expenses Be oon regulady perba rhes was disapproved because it sions of any general or p - borne by the [Conservation] summaries of Wal le i ta- purported to authorize a tial law to the contrary, each Commission for specific enc- t e efforts that a. ed, committee established by city or town sball establish a pert enginrin and other merely as a may t illustrate two contiguous towns to wetlands protection fun for consultant services."The some of the comnwn b- oversee an area consisting the deposit of all fees paid to bylaw also provided that this Tern areas, of portions of bath towns to the city or tin under Sec- fee was to be placed in "a e#foilowLng are several "promulgate rules and r gu- tion 40 of Chapter 131 of separate amount established recent ref s: lations halving the farce of the Genes Laws. The fund by the Town Treasurer and Assisted living a ti s: town bylaws within the area shall be expended by the administered pursuant to the When reviewing an assisted of their jurisdiction."The conservation commission. provisions of Section 53G of living bylaw, the attorney bylaw went on to provide without further appropriation Chapter 44 of the General general's office seeks to find that the committee's rules for the purpose of defraying Laws."As Indicated above, consistency with certain and regulations "shall su- the casts of administering however, Sectian 53G does_ provisions of state law persede any conflicting pro- and enforcing said motion not apply t tion (M.G.L. Ch. 151B, Sect. 4). visions of the General Bir- 40 of said Chapter 131, but conunissions. This section, prohibits age laws of the 'Town," in effect only with the written p- Robert RadWe is'director o, discrimination except in conferring upon the cora- proval of the mayor in cities, the Murddpal Lau Unit o,f tete *certain 11mited circum- mittee the authority to re- or city manager in Plan E attomey genemllso_ . ' stances, which include rest- peal any town bylaw within . dency in a state-aided or the defined area in droga- f der ll aided housing de- tion of the inherent and - velopment for the elderly, elusive power of town meet- and residency in housing Ing to repeal local laws. for persons 55 or 62 years This bylaw was dialp- of age or over on one parcel - proved because only town or on conttguous parcels of meeting, acting under the land totaling at least five authority of Section 5 of r :t acres in size. The town the Zoning Act, can take � t r must, in the form of its such action. bylaw and in the pplica- Consultant fees: State law :# tion of the new bylaw, tale ( i. .L. Ch. 441, Sect. G) care to bewithin at least provides a mechardsm whereby three local boards '�� Robert E.11(dia ll(L VNq. one f these exceptions. - Vagueness: Bylaws have (zoning, pand hath) frequently been disapproved are authorized to adopt reg - ,. .Vr'=.r;► }+_,;..,i _ :: .� Y- �_.#;.��-;•, a #fir-,€s-.' } dine to vagueness. For ex- lations that provide for the ample, the attorney gen- payment; of "reasonable fees .t eral's office was unable to for the employment of out- ascertain exactly what one side consulltants" which are town meeting meant when to be deposited into a it d special J1 voted 11 p ■ate■ ] T1 / ■iA pre- portionJ fy _ it Toted M rezone all r cci 7.�.i�7.+ e t e ��.�;4i� of two cels" of scribes the manner in which r r ri i land specified in a town such funds shall be main- meeting warrant article. The tatned and disbursed with- article ith article clearly anticipated a out further appropriation. t firm andspecific decision Conservation commis- _1' '. r" .f s+;x. i _. ".:` •::t+. {., Fri TheBeaeon December 1998 Page 17 i