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<br /> By Robert Ritchie the planning board shall elude the date, time and Thursday, the 8th, it would
<br /> hold a public hearing on the place of the hearing, the be legally dfleient and it
<br /> ith annual town meet- proposed amendment(s). subject matter described in would be the basis for dis-
<br /> ing season under way, All too often the attorney detali sufficient for identi8- approval by the attorney
<br /> it is useful to bear a few general is compelled to dis- cation, and must state general. It is also ipor-
<br /> procedurarl points in mind approve a bylaw adopted where the texts and maps t nt to remember that the
<br /> regarding local bylaws. by town meeting because of the proposed changes second notice must occur
<br /> Under state law, bylaws the planning board failed nay-b inspected. It is not in the very next week.
<br /> adopted at town meeting to give proper notice of sufficient to use general la - Assuming that the plan-
<br /> must be forwarded to the that hearing. There are gua a that does not enable ming board hearing and
<br /> attorney general's office for three types of notice, all of readers to determine, with notices were accomplished
<br /> approval within 30 days which are required: specificity, what kind of as required by law, town
<br /> after final adjounnrrnent of Publication: Notice of changes are being proposed. meeting must vote on the
<br /> town meeting. The attorney the public hearing must be Posting: in addition to proposed amendment
<br /> general will examine published in a newspaper published notice, the plan.- within six months after the
<br /> whether the proper prose- of general circulation in the ning board must also post hearing; otherwise, another
<br /> dural steps were taken for town once in each of two the notice in a onspicu- cycle of notices and hear-
<br /> the adoption f zoning successive weeks, The first ous place in the town hall ing must be initiated.
<br /> bylaw amendments. notice must be not less for a period of not less It can be frustr ting for
<br /> State law requires that than 14 days before the than 14 days before the town that has invested
<br /> the board of selectmen for- date on which the public day ofthe hearing. much time and effort t
<br /> ward to the planning board hearing i held. The second afiixr . Lastly, the plan- amend it zoning bylaws to
<br /> a copy of each wanant arts- notice must occur in the ning board must mail be told that it may not do
<br /> cle proposing a zoning succeeding week, prior to copies of the notice to the so because it failed to count
<br /> bylaw amendment, and that the hearing date. state Dc artme at of Mous- the days correctly. Counting
<br /> wtdiin 65 days thereafter The notice itself must in- ing and CoLnrnunity, Bevel- the days is critic.
<br /> opment, the regional plan- Bylaw review
<br /> ning agency (if any), and procedures
<br /> the planning boards of all The review of local by-
<br /> Three
<br /> i
<br /> from Mass. win abutting cities and toWm. laws is now administered
<br /> The attorney general will. out of the attorney gen-
<br /> i l budgetaw6rds - r eactual copies of the
<br /> eral's western office, lo-
<br /> published notices endorsed sated at the Mate Office
<br /> he city of Cmiibriand the towns of UxOgWn and with the dates of publi - Building, Room log, 436
<br /> Teshvood haNie received Di ed Budget eta- tion and the name of the Dwl&t St., Springneld
<br /> tion Awards f-Om the Government Fh=ce Offlocim Association. local newspaper. The Air's o 1103-1317. All bylaws
<br /> Cambridge City Manager Robert Healy. Liexington Town office also require' that the must now be sent to
<br /> Manager Richard White-and Westwood Finance Director planning board certify in Springfield rather than
<br /> Pamela l ukema.n accepted the awards. on behalf of their writing that the posting Boston, to the attention of
<br /> communities. I and mailing were done as Robert Ritchie, director,
<br /> Cambridge earned the award for February 1393, I.,exin - required by law. Municipal Lave Unit.
<br /> ton for January 1993, and Westwood for December 1997. The most frequent mis- Town clerks have been
<br /> Cambridge (12 times) and Lexington (once) are past re- takes made by towns are: provided with a new Form
<br /> cipients of the award. counting the day of the 1; newly adopted bylaws
<br /> In order to receive the award, municipalities must satisfy hearing as one of the 14 must be attached to the
<br /> nationally recognized guidelines for effective budget preen- days required for the fht cover sheet for submission.
<br /> tatiom These guidelines are designed to assess-how-well a notice. and failing to publish The Department ent ofHous-
<br /> community's budget serves as a policy document, financial in two successive weeks. ing and Community De el-
<br /> plan, operations guide, and communications device. Budget If, for example, the plan- opment is located at the
<br /> documents must be rated "proficient" in all four categories ring board has scheduled Sa;ltonstall Building, 16th
<br /> to receive the award. a public hearing for floor, 10 Cambridge St.,
<br /> Other recent local l recipients of the award include the com- Wednesday, the 21st of the Boston 02106, attn: Don
<br /> munities of Andover, Boston, Watertown and Wellesley. - month, the first published Schmidt.
<br /> The GFOA. a nonprofit association serving govermnent 11- notice must hit the streets Robert die is door of
<br /> nance professionals throughout North America, offers the on or be ore Wednesday, &e Murdcqx7l Law LAnH of&Le
<br /> only national awards program in governmental budgeting, 0 the 7th. Had it been on aMyney general's o„tae.
<br /> Page 10 -The&mcon Apfil 1998
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