Laserfiche WebLink
4 i <br /> > n <br /> old� JV&axm7 Wenewal <br /> SCOTT HARSHBARGER i� � 'ti0.2YO.9-16.98 ! <br /> ATTOFINEYGO&aAL <br /> (617)727-2200 <br /> i <br /> July 7, 1995 <br /> Jane D. Labute w <br /> Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, Massachusetts 02649 i ! <br /> re: May 1, 1995, Special Town Meeting <br /> Article 13 <br /> Dear Ms . Labute: <br /> I write you in regard to article 13 from the warrant for <br /> the Mashpee special town meeting that met May 1, 1995 . <br /> i� <br /> In regard to article 13 we need additional information <br /> because of the nature of the article. First, we need two <br /> certified copies of a zoning map, with a legend showing the <br /> various types of zones in Town, showing the locus of the <br /> proposed rezoning and the current zoning of the surrounding �I <br /> area. Please see Form 3 . it <br /> Second, "when zoning by-laws or amendments thereto are <br /> submitted to the attorney general for approval . he shall <br /> also be furnished with a statement which may be prepared by the <br /> planning board, explaining the by-laws or amendments proposed, <br /> which statement may be accompanied by explanatory maps or <br /> plans. " G.L. c. 40A, § 5 . Because this is a rezoning of a <br /> small, discrete area, we request an explanation as to why the <br /> rezoning is not "spot zoning. " <br /> i <br /> Because we are often asked about the definition of spot <br /> zoning, we provide the following: In Massachusetts, " " [s] pot �. <br /> zoning" - singling out a parcel of land for special treatment <br /> as compared to other parcels in the same zoning district - is <br /> unlawful . " Canteen Corporation v. Pittsfield, 4 Mass. App. Ct. <br /> 289, 294 (1976) ; National Amusements v. Boston, 29 Mass . App. <br /> Ct. 305 (1990) . Section 4 of G.L. c. 40A provides that "any <br /> zoning by-law which divides . . . towns into districts shall be <br /> uniform within the district for each class or kind of <br /> structures or uses permitted. " a ?I <br /> I <br /> The uniformity requirement [of c. 40A, § 41 is based Ali <br /> upon principles of equal treatment: all land in ;I <br /> similar circumstances should be treated alike, so that <br />