Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1670 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2316 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1670
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joseph W. McGonagle, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to streamline the judicial review of local land use decisions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph W. McGonagle, Jr.28th Middlesex1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2316 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1670
18	18	By Representative McGonagle of Everett, a petition (accompanied by bill, House, No. 1670) of
19	19	Joseph W. McGonagle, Jr. relative to judicial review of local land use decisions. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1611 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to streamline the judicial review of local land use decisions.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The second paragraph of Section 17 of chapter 40A, as so appearing, is
31	31	2hereby amended by striking out the first sentence and inserting in place thereof the following
32	32	3paragraphs:-
33	33	4 If the complaint is filed by someone other than the original applicant, appellant or
34	34	5petitioner, such original applicant, appellant, or petitioner and all members of the board of
35	35	6appeals or special permit granting authority shall be named as parties defendant with their
36	36	7addresses. To avoid delay in the proceedings, instead of the usual service of process, the plaintiff
37	37	8shall within fourteen days after the filing of the complaint, send written notice thereof, with a
38	38	9copy of the complaint, by delivery or certified mail to all defendants, including the members of
39	39	10the board of appeals or special permit granting authority and shall within twenty-one days after 2 of 3
40	40	11the entry of the complaint file with the clerk of the court an affidavit that such notice has been
41	41	12given. If no such affidavit is filed within such time the complaint shall be dismissed. No answer
42	42	13shall be required but an answer may be filed and notice of such filing with a copy of the answer
43	43	14and an affidavit of such notice given to all parties as provided above within seven days after the
44	44	15filing of the answer. Other persons may be permitted to intervene, upon motion. The clerk of the
45	45	16court shall give notice of the hearing as in other cases without jury, to all parties whether or not
46	46	17they have appeared.
47	47	18 The board of appeals or special permit granting authority shall transmit to the reviewing
48	48	19court the record of its proceedings, including its minutes, findings, decisions, and, if available, a
49	49	20true and correct transcript of its proceedings. If the proceeding was tape recorded, a transcript of
50	50	21that tape recording is a true and correct transcript for purposes of establishing the record. The
51	51	22court may not accept or consider any evidence outside the record of the board of appeals or
52	52	23special permit granting authority unless that evidence was offered to the board of appeals or
53	53	24special permit granting authority, respectively, and the court determines that it was improperly
54	54	25excluded from the record.
55	55	26 The court shall examine the record upon which the decision of the board of appeals or
56	56	27special permit granting authority is based, and upon such record determine only whether or not
57	57	28the decision is arbitrary, capricious, or illegal. A decision of a board of appeals or special permit
58	58	29granting authority is valid if the decision is supported by substantial evidence in the record and is
59	59	30not arbitrary, capricious, or illegal.
60	60	31 The foregoing remedy shall be exclusive, notwithstanding any defect of procedure or of
61	61	32notice other than notice by publication, mailing or posting as required by this chapter, and the 3 of 3
62	62	33validity of any action shall not be questioned for matters relating to defects in procedure or of
63	63	34notice in any other proceedings except with respect to such publication, mailing or posting and
64	64	35then only by a proceeding commenced within ninety days after the decision has been filed in the
65	65	36office of the city or town clerk, but the parties shall have all rights of appeal and exception as in
66	66	37other equity cases.
67	67	38 SECTION 2. Section 17 of chapter 40A, as so appearing, is hereby amended by striking
68	68	39out the sixth paragraph and inserting in place thereof the following paragraph:-
69	69	40 A non-municipal plaintiff seeking to reverse approval of a project under this section shall
70	70	41post a bond in an amount to be set by the court that is sufficient to cover twice the estimated: (1)
71	71	42annual carrying costs of the property owner, or a person or entity carrying such costs on behalf of
72	72	43the owner for the property, as may be established by affidavit; plus (2) an amount sufficient to
73	73	44cover the defendants attorney’s fees, all of which shall be computed over the estimated period of
74	74	45time during which the appeal is expected to delay the start of construction. The bond shall be
75	75	46forfeited to the property owner in an amount sufficient to cover the property owner’s carrying
76	76	47costs and legal fees less any net income received by the plaintiff from the property during the
77	77	48pendency of the court case in the event a plaintiff does not substantially prevail on its appeal.