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SETTS
<br /> 9 § 1.1 SUPPLEMENT TO CHAPTERS 39-41 C. 40A ,
<br /> 1 December 22, 1975; amended by 1977, 829, § 413, approved, with emer-
<br /> rd does not rest on legally gency-preamble, Dec. 20, 1977.)
<br /> d, and (3)it is not unreason-
<br /> or arbitrary. Garvey v Board Editorial Note-
<br /> 80, Mass App) 1980 Adv Section 7 of the inserting act provides as follows:
<br /> NE2d 880. SzutoN 7. This act shall take effect on January first, nineteen hundred and seventy-six as
<br /> has power to den a lira- to zoning ordinances and by-laws and amendments, other than zoning map amendments,
<br /> Y PP adopted after said date.
<br /> permit so long as decision is ' The 1977 amendment made a corrective change to the third paragraph.
<br /> :gaily untenable ground, and '
<br /> tbly, whimsical, capricious or Law review references—
<br /> mble Fischer Realty Trust v Hays, Application of chapter 808 to existing structures, uses, plan variances and permits.
<br /> als (1980, Mass APP) 1980 22 Boslon Bar J. No.4, p. 17,April, 1978.
<br /> 402 NE2d 100. Healy, Massachusetts Zoning Practice under the Amended Zoning Enabling Act. 64 Mass ,.
<br /> could deny application for L Rev 149, October, 1979.
<br /> i fill land in flood plain zone,
<br /> S
<br /> from planning board and CASE NOTES
<br /> S. Kemble Fischer Realty Master's report and summary of evidence (1978, Mass App) 1978 Adv Sheets 949, 380
<br />,f Appeals (1980, Mass App) did not show existence of "substantial hard- NE2d 718.
<br /> 637,402 NE2d 100. ship" pertaining to locus so as to justify Decrease in market value of locus zoned "
<br /> granting of variance. Simone v Board of for residential use from $50,000 if variance
<br /> Appeals (1978,-Mass App) 1978 Adv Sheets for business use were granted to $10,000 if I�
<br /> 949, 380 NE2d 718. used for residential purposes did not justify
<br /> ger after public hearing Changing character of area from residen- granting of variance. Simone v Board of t'
<br /> POW
<br /> as provided In tial to business was not condition especially Appeals (1978, Mass App) 1978 Adv Sheets
<br /> to gra rit upon appeal affecting locus. Simone v Board of Appeals 949, 380 NE2d 718.
<br /> structures a variance
<br /> [r by-law where such § 11. Notice and Publication; Review of Special Permit Applica-
<br /> •'ng to circumstances tions; Certificate of Special Permit or Variance. '•.tj
<br /> �y 0'
<br /> such land or In all cases where notice of a public.hearing is required notice shall be t'
<br /> res but not affecting given by publication in a newspaper of general circulation in the city or ;
<br /> feral enforcement of town once in each of two successive weeks, the first publication to be not
<br /> Ive substantial hard- less than fourteen days before the day of the hearing and by posting.such 1°
<br /> appe]lant, and that notice in a conspicuous, place in the city or town hall for a period of not
<br /> triment to the public less than fourteen days before the day of such hearing. In all cases where °`�•
<br /> g from the intent or notice to individuals or specific boards or other agencies is required, notice
<br /> al ordinances or by- shall be sent by mail, postage prepaid. "Parties in interest" as used in this ,
<br /> rice may authorize a chapter shall mean the petitioner, abutters, owners of land directly oppo-
<br /> in which the land or site.on any public•or private street or way, and abutters to the abutters
<br /> variances properly within three hundred-feet of the. property line of the SP
<br /> nd sevens six but P P y petitioner that
<br /> the
<br /> and conditions that appear on the most recent applicable tax list„ notwithstanding that the
<br /> land of any such owner is located in another city or.town, the planning
<br /> board of the,city:or town, and'the planning board of every abutting city
<br /> ns, safeguards and or town. The assessors maintaining any applicable tax list shall certify to ^g
<br /> tmued existence of the permit granting authority or special permit granting authority the
<br /> on, safeguards or names and addresses of parties in interest and such certification shall be
<br /> rid or structures to conclusive for all purposes. The permit granting authority or special
<br /> )r any owner:
<br /> Permit granting authority may accept a waiver of notice from, or an `t
<br /> .d within one year affidavit of actual notice to any party in interest or, in his stead, any
<br /> Pse, and may be successor owner of record who may not have received a notice by mail,
<br /> nt to this section. and may order special notice to any such person, giving not less than five
<br /> act of Governor nor more than ten additional days to reply. -�
<br /> F, 113 ;1.
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