Laserfiche WebLink
r{ ' <br /> AGffs i <br /> office explains common bylerrors <br /> By Robert Ritchie spe inc criteria are re- with state law, the arnend- however, exempted only <br /> quired to guide the town in m nt must be interpreted such federally licensed am- <br /> he vast majority of gen- the processing of parade and implemented in a man- ateur radio operators <br /> eral and zoning bylaws permit applications. A town ner consistent with the pro- whose antenna structures <br /> submitted to the Municipal bylaw amendment that visions of the state law have a cost or replace- <br /> Law Unit of the'attorney lacked such criteria was ( i.G.L. Ch. 44, Sec. ) .rent value of less than <br /> general's office for review re- ruled in violation of the that requires all. receipts to $1.0,000."This provision <br /> fleet great care and atter- Massachusetts and U.S." be part of the general fund. was found to be inconsi - <br /> tion to the well-ging of citi- constitutions. Conservation commissions tent with state law, which <br /> tens of the town and are Conduct recognized as are not among the local protects antenna struc- <br /> approved. A number of by- an exercise of free speech boards(zoning boards, plan- tures of federally licensed <br /> laws, however, are di p- is protected by the First ming boards and boards of amateur radio operators <br /> proved or warrant caution- Amendment of the U.S. health) allowed by state law without respect to cost or <br /> ary comunent by the attor- Constitution and the even (M.G.L. Ch. 44, Sec. 8C) to replacement value. <br /> Trey general. stronger provisions of rti- receive and disburse review Another town's proposed <br /> From time to time,The cle XVI of the assachu- fees without fur#her appro- wireless communications <br /> Beacon will publtsh sura- setts Constitution. Such priatton, bylaw was found to be in <br /> maries of local legislative ef- conduct may only be reg - Another town bylaw conflict with state law <br /> forts that failed, merely as a lated when compelling fed- amendment,enabled the ( I.G.L, Ch. 40A, Sec. ) <br /> way to illustrate some of the eral or state interests are board of selector' en, as the because it would require <br /> common problem areas. served, and then only nar- special perrnit gaming au- the removal of an amateur <br /> The following are several rowly to the extent c ss- thorny for the bylaw, to re- radio tower after a stated <br /> recent rulings: sary to serve those corn- quire the payment of a fee period of.pon-rase. It is the <br /> vague ness: A bylaw pelling interests. to meet anticipated -- license, not its use, that <br /> amendment that-would re- For similar reasons, a p nses in the review by triggers the exemption of <br /> quire a special permit for bylaw amendment that certain applications pend- Section 8. Thus a bylaw <br /> certain recreational uses "ih would limit door-to-door Ing before it under the provision that would re- <br /> appropriate cases" and `with solicitation to *daylight bylaw. The-attorney gent- quire the removal of the <br /> appropriate sal "was hours" was found to violate oral's approval letter- ac- antenna structure of any <br /> disapproved became neither both the Massachusetts knowledged the-broad currently licensed operator <br /> the peiudt granttng author- and US. constitutions. ' power accorded towns would be inconsistent with <br /> ity ii6r property Owner . mew fees:A loci wet- under the Home Rule state.law. <br /> were provided with scan- lands bylaw amendment re- Amendment and that this Building code bylaw: <br /> dards or criteria t &sceartair [ u►irirr applicants'.to pay a authority is not on its face The Mate Building Codc <br /> applicability. "review fee"to cover con.ser- inconsistent with state law. ( 80 C.M.R., Section 117.1 <br /> Parade permits: while vation commission oasts for The town was cautioned, and 114.4) governs the is- <br /> courts have held that cities , retaining'a consultant to,as- hov er, to avoid an "as suance and enforcement of <br /> and towns may impose sist it in reviewing the a►ppli- applied" violation of Chap- building perms, and in <br /> reasonable is n cation was a <br />� ppved, but ter 44, Section 53, under doing s6 preempts local or- <br /> i the time, place and man- with a cautionary n t . which all such fees would din noes and bylaws on <br /> ncr of holding parades, ale not in direct coact become part of the general the same subject. Thus a <br /> fund and thus would re- town bylaw providing that <br /> tiquire appropriation by building permits shall be <br /> town meeting in order to void if operations ffiereun- <br /> be disbursed. der are not commenced <br /> Feder fly licensed area- within six months after the <br /> teur radio operators. Mate _ date--o'..per it Issuance <br /> Z'j„ ''F���. 'Y ��� J •Yom+''- ~ t <br /> law (11 .C.L. Ch. 40A, See. conflicts with the provisions <br /> ~'"'�...x+".#� �,�++�-s +'�` •, x... � 'L,*+ i�.*� . 'Si- r':*�`�?'rY+tiF+ �G ,.]� �� local <br /> 4 {• ) pe zoning of the State Building Code. <br /> laws to reasonably regulate Chapter 40A, Section 31 <br /> the 'location and height" of has been interpreted to give <br /> I fir,* '}`f •• <br /> ffin!, <br /> � JaF.. f .� .a i antenna structures by a the code precmpttve effect <br /> federaHy licensed amateur <br /> over a bylaw. <br /> radio operator. One town's Robert PdtdW is dti c# rOfle <br /> prapos d comprehensive the Munfdpal Law i Ott'Of <br /> _a,i .y3+ i ,' h: •. r" �� .:r;'='ti ''�1`y: .}:i ,,;t''"' + teleoarmunications bylawdie ' <br /> .74; <br /> .4 x`""i++'Y jF i•,.+ '7i' s..�'-'L"Y r?{'i' '' a.rt .l �'.,y ';i." r " �i:w.:+ � <br /> i <br /> Page 8 TheB aeon Jura 1998 <br />