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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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:
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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
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Update: July 2021
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Table of Contents
Table of Contents
expand allChapter 1 expandHistorical Development of Massachusetts Zoning Law
Buy ChapterChapter 2 expandZoning Power and Its Limitations
Buy ChapterChapter 3 expandProcedure for Amending a Zoning Ordinance or Bylaw
Buy ChapterChecklist 3.1
- Procedure for Adoption or Change of a Zoning Ordinance or Bylaw (Except in Boston) Buy FormChapter 4 expandLimitations on Application of Local Zoning Regulations to Governmental Entities
Buy ChapterChapter 5 expandLow- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning
Buy ChapterChapter 6 expandNonconforming Uses and Structures
Buy ChapterChapter 7 expandZoning Freezes
Buy ChapterChapter 8 expandSpecial Permits
Buy ChapterChapter 9 expandVariances
Buy ChapterChapter 10 expandProcedures for Obtaining Variances and Special Permits
Buy ChapterChapter 11 expandJudicial Review of Variances and Special Permits
Buy ChapterChapter 12 expandJudicial Construction of Zoning Ordinances and Bylaws
Buy ChapterChapter 13 expandEnforcement of Zoning Requirements
Buy ChapterChapter 14 expandLandowner Actions to Determine the Validity or Applicability of Zoning Ordinances
Buy ChapterChapter 15 expandLegal Opinions on Zoning Compliance
Buy ChapterChapter 16 expandSpecial Zoning Acts: Boston
Buy ChapterExhibit 16A
- Corresponding Sections of the Enabling Act, Boston Zoning Code, and Massachusetts Zoning Act Buy FormExhibit 16B
- Boston Zoning Acts and Selected Special Acts Buy FormExhibit 16C
- Websites for Boston Zoning Buy FormExhibit 16D
- Inspectional Services Department Documents: Sample Refusal Letters and Commissioner’s Bulletin No. 97-1 (Wireless Communications) Buy FormExhibit 16E
- Selected Issues Addressed in Multiple Zoning Provisions Buy FormExhibit 16F
- The Boston Zoning Code: Table of Contents Buy FormExhibit 16G
- Downtown Planning: The Downtown IPOD (Article 27D—Superseded and Expired) Buy FormExhibit 16H
- South Boston Waterfront Planning (Principles from the South Boston Waterfront IPOD, Article 27P) Buy FormExhibit 16I
- Article 80 Development Review: Flowcharts Buy FormExhibit 16J
- Boston Zoning Commission: Sample Hearing Notices and Procedural Rule Buy FormExhibit 16K
- Parking Freeze Map Buy FormExhibit 16L
- East Boston Parking Freeze Buy FormExhibit 16M
- Downtown Parking Freeze Buy FormExhibit 16N
- City of Boston/South Boston Parking Freeze Buy FormChapter 17 expandSubdivision Control Law
Buy ChapterExhibit 17A
- Excerpt from Clows v. Planning Board of Middleton Buy FormExhibit 17B
- Pre-file Review of Proposed Subdivisions of Registered Land Buy FormExhibit 17C
- Excerpt from Gifford v. Planning Board of Nantucket Buy FormExhibit 17D
- Board of Health Transmittal Letter Buy FormExhibit 17E
- Covenant Buy FormExhibit 17F
- Memorandum of Facts and Request for Waivers and Approval of Definitive Subdivision Plan Buy FormChapter 18 expandSmart Growth (G.L. c. 40R and 40S)
Buy ChapterExhibit 18A
- DHCD Guidance for Smart Growth Zoning and Starter Home Zoning Buy FormChapter 19 expandExpedited Permitting
Buy Chapter - Editors & Authors