Massachusetts Zoning Manual

Practical answers to a spectrum of zoning problems

Product Number: 1900236B00
Publication Date: 7/27/2021
Edition: 7th Edition 2021
Copyright: © 2021 MCLE, Inc.
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Massachusetts Zoning Manual

Practical answers to a spectrum of zoning problems

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Print Book 1552 pages in 2 volumes (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Product Description
Product Description

The Massachusetts Zoning Manual provides comprehensive coverage of zoning law and developments and tracks key statutory and case law developments. It includes valuable practice insights on obtaining variances and special permits, appealing zoning decisions, drafting zoning options, smart growth planning, expedited zoning, and numerous other facets of representing clients in zoning matters. Regular supplementation and a spotlight chapter on Boston zoning are other features that make this book a necessity for real estate counsel, land use and municipal attorneys, environmental specialists—and general practitioners.

Recent updates:
- Update: July 2021
  Dear Subscriber:
  
  Thank you for updating your library with the 2021 edition of the Massachusetts Zoning Manual. This update addresses important developments on a wide range of topics in zoning practice, including
  - substantial new zoning legislation enacted in January 2021, see 2020 Mass. Acts c. 358;
  - a recent First Circuit opinion on municipal regulation of electronic signage;
  - numerous developments in the regulation of cell phone towers and other issues related to wireless communications;
  - application of the Interstate Commerce Commission Termination Act of 1995 to the regulation of hazardous materials;
  - further clarification on the protections afforded to preexisting nonconforming single- and two-family houses;
  - recent case law on the recording and exercise of variances;
  - establishing standing in zoning disputes;
  - motions brought under the anti-SLAPP act;
  - exhaustion of administrative remedies in zoning enforcement actions;
  - claims of educational purpose under the Dover Amendment;
  - a Supreme Court determination that a taking without compensation may give rise to a cause of action in federal court under 42 U.S.C. § 1983;
  - statutory amendments in 2020 increasing the city of Boston's authority to pursue affordable housing policies, including changes to the linkage program and the inclusionary development program as well as modifications to the procedures applicable to the city's zoning commission;
  - an update on citywide planning efforts in Boston as reflected in Imagine Boston 2030;
  - an extensive discussion of Boston's ongoing planning for a coastal flood resilience overlay district (CFROD); and
  - developments in the regulation of private dormitories in Boston.
  We trust you will find this updated version of the Massachusetts Zoning Manual an invaluable resource for your practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq., MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Historical Development of Massachusetts Zoning Law
Buy Chapter
Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Checklist 1.1
- Amendments to Chapter 808 of the Acts of 1975 (Through 2020 Mass. Acts c. 358, §§ 16–25) Buy Form

Exhibit 1A
- Index of General Zoning Acts Buy Form

Chapter 2 expand

Zoning Power and Its Limitations
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Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 3 expand

Procedure for Amending a Zoning Ordinance or Bylaw
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Michael K. Murray, Esq., Sullivan & Worcester LLP
Alexander A. Randall, Esq., Goodwin Procter LLP

Checklist 3.1
- Procedure for Adoption or Change of a Zoning Ordinance or Bylaw (Except in Boston) Buy Form

Chapter 4 expand

Limitations on Application of Local Zoning Regulations to Governmental Entities
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Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 5 expand

Low- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning
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Benjamin B. Tymann, Esq., Tymann, Davis & Duffy LLP

Chapter 6 expand

Nonconforming Uses and Structures
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Mary T. Marshall, Esq.,

Chapter 7 expand

Zoning Freezes
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Brian W. Blaesser, Esq., Dinsmore & Shohl LLP
Michael S. Giaimo, Esq., Robinson+ Cole LLP
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 8 expand

Special Permits
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Michael S. Giaimo, Esq., Robinson+ Cole LLP
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 9 expand

Variances
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Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 10 expand

Procedures for Obtaining Variances and Special Permits
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Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 11 expand

Judicial Review of Variances and Special Permits
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Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 12 expand

Judicial Construction of Zoning Ordinances and Bylaws
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Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 13 expand

Enforcement of Zoning Requirements
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Michael K. Murray, Esq., Sullivan & Worcester LLP
Gareth I. Orsmond, Esq., Pierce Atwood LLP

Chapter 14 expand

Landowner Actions to Determine the Validity or Applicability of Zoning Ordinances
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Michael K. Murray, Esq., Sullivan & Worcester LLP
Johanna W. Schneider, Esq., Hemenway & Barnes LLP

Chapter 15 expand

Legal Opinions on Zoning Compliance
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Martin R. Healy, Esq., Goodwin Procter LLP

Exhibit 15A
- Sample Zoning Opinion Buy Form

Exhibit 15B
- Sample Zoning Statement of Fact Buy Form

Chapter 16 expand

Special Zoning Acts: Boston
Buy Chapter
Cynthia M. Barr, Esq., CM Barr LLC
Jennifer Schultz, Esq., Sullivan & Worcester LLP

Exhibit 16A
- Corresponding Sections of the Enabling Act, Boston Zoning Code, and Massachusetts Zoning Act Buy Form

Exhibit 16B
- Boston Zoning Acts and Selected Special Acts Buy Form

Exhibit 16C
- Websites for Boston Zoning Buy Form

Exhibit 16D
- Inspectional Services Department Documents: Sample Refusal Letters and Commissioner’s Bulletin No. 97-1 (Wireless Communications) Buy Form

Exhibit 16E
- Selected Issues Addressed in Multiple Zoning Provisions Buy Form

Exhibit 16F
- The Boston Zoning Code: Table of Contents Buy Form

Exhibit 16G
- Downtown Planning: The Downtown IPOD (Article 27D—Superseded and Expired) Buy Form

Exhibit 16H
- South Boston Waterfront Planning (Principles from the South Boston Waterfront IPOD, Article 27P) Buy Form

Exhibit 16I
- Article 80 Development Review: Flowcharts Buy Form

Exhibit 16J
- Boston Zoning Commission: Sample Hearing Notices and Procedural Rule Buy Form

Exhibit 16K
- Parking Freeze Map Buy Form

Exhibit 16L
- East Boston Parking Freeze Buy Form

Exhibit 16M
- Downtown Parking Freeze Buy Form

Exhibit 16N
- City of Boston/South Boston Parking Freeze Buy Form

Chapter 17 expand

Subdivision Control Law
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Lauren C. Galvin, Esq., Verrill Dana LLP

Exhibit 17A
- Excerpt from Clows v. Planning Board of Middleton Buy Form

Exhibit 17B
- Pre-file Review of Proposed Subdivisions of Registered Land Buy Form

Exhibit 17C
- Excerpt from Gifford v. Planning Board of Nantucket Buy Form

Exhibit 17D
- Board of Health Transmittal Letter Buy Form

Exhibit 17E
- Covenant Buy Form

Exhibit 17F
- Memorandum of Facts and Request for Waivers and Approval of Definitive Subdivision Plan Buy Form

Chapter 18 expand

Smart Growth (G.L. c. 40R and 40S)
Buy Chapter
Jennifer Schultz, Esq., Sullivan & Worcester LLP
Jordan A. Smith, Esq., Sullivan & Worcester LLP

Exhibit 18A
- DHCD Guidance for Smart Growth Zoning and Starter Home Zoning Buy Form

Chapter 19 expand

Expedited Permitting
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Robert H. Fitzgerald, Esq., Goodwin Procter LLP

Exhibit 19A
- Draft Warrant Language Buy Form

Exhibit 19B
- Priority Development Site Application Form Buy Form
Editors & Authors

Editor(s)

Martin R. Healy, Esq., Goodwin Procter LLP, Boston

Michael K. Murray, Esq., Sullivan & Worcester LLP, Boston

Author(s)

Cynthia M. Barr, Esq., CM Barr LLC, Boston

Brian W. Blaesser, Esq., Dinsmore & Shohl LLP, Boston

Robert H. Fitzgerald, Esq., Goodwin Procter LLP, Boston

Lauren C. Galvin, Esq., Verrill Dana LLP, Boston

Michael S. Giaimo, Esq., Robinson+ Cole LLP, Boston

Martin R. Healy, Esq., Goodwin Procter LLP, Boston

Mary T. Marshall, Esq.,

Michael K. Murray, Esq., Sullivan & Worcester LLP, Boston

Gareth I. Orsmond, Esq., Pierce Atwood LLP, Portsmouth

Alexander A. Randall, Esq., Goodwin Procter LLP, Boston

Johanna W. Schneider, Esq., Hemenway & Barnes LLP, Boston

Jennifer Schultz, Esq., Sullivan & Worcester LLP, Boston

Jordan A. Smith, Esq., Sullivan & Worcester LLP, Boston

Benjamin B. Tymann, Esq., Tymann, Davis & Duffy LLP, Boston

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Massachusetts Zoning Manual

Practical answers to a spectrum of zoning problems

Massachusetts Zoning Manual

Practical answers to a spectrum of zoning problems

Choose Format:

Product Description

Recent updates:

Table of Contents

Historical Development of Massachusetts Zoning Law

Checklist 1.1

Exhibit 1A

Zoning Power and Its Limitations

Procedure for Amending a Zoning Ordinance or Bylaw

Checklist 3.1

Limitations on Application of Local Zoning Regulations to Governmental Entities

Low- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning

Nonconforming Uses and Structures

Zoning Freezes

Special Permits

Variances

Procedures for Obtaining Variances and Special Permits

Judicial Review of Variances and Special Permits

Judicial Construction of Zoning Ordinances and Bylaws

Enforcement of Zoning Requirements

Landowner Actions to Determine the Validity or Applicability of Zoning Ordinances

Legal Opinions on Zoning Compliance

Exhibit 15A

Exhibit 15B

Special Zoning Acts: Boston

Exhibit 16A

Exhibit 16B

Exhibit 16C

Exhibit 16D

Exhibit 16E

Exhibit 16F

Exhibit 16G

Exhibit 16H

Exhibit 16I

Exhibit 16J

Exhibit 16K

Exhibit 16L

Exhibit 16M

Exhibit 16N

Subdivision Control Law

Exhibit 17A

Exhibit 17B

Exhibit 17C

Exhibit 17D

Exhibit 17E

Exhibit 17F

Smart Growth (G.L. c. 40R and 40S)

Exhibit 18A

Expedited Permitting

Exhibit 19A

Exhibit 19B

Editor(s)

Author(s)