10/04/2005 WATERWAYS COMMISSION Minutes

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Cons"ider"ing rule charter changes 0 By Robert Ritchie meeting from acting on a adoption of a bylaw by n y general for review pur- oning warrant article, con- town meeting is necessary scant to the provisions of he vast mqfority of` en- flitting with state lave to implement the powers Chapter 40, Section 32, r - ral and zoning bylaws (M. .L. Ch. 40A, Sect. 5), authorized. porting there to have been subnUtted to the Munkipal which sets forth the rub- whenever local option adopted at the town's "fall Lau, Untt of the attorney- form, cxolusiv , and de- statutes require adoption ofannual" town meeting.`It gener 's olftre or review tailed procedures that cities a bylaw, it Is best to in- has become customary for are appro d, but a number and towns roust follow clode in both the warrant many towns to have regu- are disapproved or u u=t when amending their zoning article and the town meet- laxly scheduled town meet- cauttonary corrxr wnL The laws. Ing vote an express accep- Ings in the fall, in addition i Beacom regularly pubUsh.es The statute makes no al- tance of the statute and the to their regular annual ; sununaries of kxxtl le i la- lawance for lira in its a - text of the proposed bylaw town meetings held every t'toe efforts tom,fad* plication on the grounds as two,distinct elements. spring. merely as a. ux:Ly to illustrate that a proposed zoning Recently a town's warrant . while hese annual" oc- some of the oor upon pr b- bylaw does not comply with article was framed solely in currences may be locally tem areas, the town"s roaster plan. For terms of"acceptance" of the labeled as "fallannual" 71tefollowMg are seveml tits reason the attorney statue, rr IA" no mention town meetings, they are recent rulings: general found this provision of adoption of a bylaw, nevertheless "special town Home rule oharten: The to be inconsistent with while the subsequent Grote meetings" for purposes of attorney general is required state law. of town meeting•was adop- state law, unless the state by statute to render an Laval option statutes: A tion of a bylaw no Legislature by hone rule opinion to home rule char- local option" statute is a mention of acceptance of special act has so autho- ter commissions identifying provision of state law that the statute. rued. This becomes ipr- any inconsistencies between conditions the authority The attorney general in ta.nt because-of the 14-day the provisions of a proposed granted to local govern- this instance approved the notice requirement for spe- charter or proposed charter ments thereunder upon the bylaw because the statute cial town meetings, as op- amendment and the laws "acceptance" of Its provi- in question allowed for the posed to the seven-day re- and constitution of the sions, typically in'words inference that by adopting quirement for annual town i conunonwealth. such as: "Any town that ac-- the bylaw the town thereby rii etings. A proposed charter cepts the provisions of this accepted the statute. This The attorney general has amendment meently sub- section may ... (etc.)." latitude to approving local recently cautioned towns mitted to the attorney gen- WhIle some local option bylaw is not always possi- that use-the designation of eral provided that no rezon- statutes confer the-powers ble, however. Precision in "fall Dual" town rneewv ing of land shall be autho- automatically upon ccep- framing the article and the to make certain to satisfy rued or implemented unless tance, others expressly vote whenever local option the more demanding notice in accordance with the cer- provide that upon " ccep_ statutes are involved is crit- requirements of special tffied, approved master plan tance" the town "may, by is ily important. town meetings. . of the community. This pro- bylaw" exercise the author- Special vs. annual town Robert Rhe is director vision would have the effect ity conferred under the meetings: 'Towns often of the MLain Unit of of prohibiting a future town statute. In other- words, submit bylaws to the attor- the attorney general's v ire. t Wh'Itlock scholars-him applicants-- sought ♦ t f `i , he Massachusetts Municipal Management Association is now accept applications for the Gerry Wh.ittocl - Scholarship Award. This scholarship will be awarded to a graduate student Y r• 4 Fw f who is enrolled in a college or university master's-level pro- gram ro gram V ii f.7 public ii�L for a career F \.ubli amUil itr on. i* For i information and an application, call MMA Member- sh AssociateMari 1pnpr+srom. ,, � t* r• }# �y, '.�.;„#.�,:,�.r-r,C;:*?#�y-... C4 _.��i P ;�+i: �- �� 0 'Ji f'1 ' :3 s"�1"-a M1'[M'-'i'Y-�s•-1++:��i-- `w~ ��,.'.'f a� 'ate'- Page 18 TheB acon March 1999