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| 2 | 2 | | HOUSE DOCKET, NO. 4193 FILED ON: 3/2/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3552 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Kristin E. Kassner |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to zoning voting thresholds. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kristin E. Kassner2nd Essex3/2/2023Liz MirandaSecond Suffolk3/7/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 4193 FILED ON: 3/2/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3552 |
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| 18 | 18 | | By Representative Kassner of Hamilton, a petition (subject to Joint Rule 12) of Kristin E. |
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| 19 | 19 | | Kassner and Liz Miranda relative to zoning voting thresholds. Municipalities and Regional |
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| 20 | 20 | | Government. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 2140 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to zoning voting thresholds. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION X – Section 5 of chapter 40A of the General Laws, as appearing in the 2016 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place |
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| 33 | 33 | | 3thereof the following paragraph:- |
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| 34 | 34 | | 4 No zoning ordinance or by-law or amendment thereto shall be adopted or changed except |
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| 35 | 35 | | 5by a two-thirds vote of all the members of the town council, or of the city council where there is |
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| 36 | 36 | | 6a commission form of government or a single branch, or of each branch where there are two |
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| 37 | 37 | | 7branches, or by a two-thirds vote of a town meeting. Except that the voting majority may be |
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| 38 | 38 | | 8changed to a range between a simple majority and a two-thirds majority vote; such change shall |
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| 39 | 39 | | 9be made by the voting majority then in effect and shall not become effective until 6 months have |
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| 40 | 40 | | 10elapsed after the vote. However, if in a city or town with a council of fewer than twenty-five 2 of 2 |
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| 41 | 41 | | 11members there is filed with the clerk prior to final action by the council a written protest against |
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| 42 | 42 | | 12such change, stating the reasons duly signed by owners of twenty per cent or more of the area of |
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| 43 | 43 | | 13the land proposed to be included in such change or of the area of the land immediately adjacent |
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| 44 | 44 | | 14extending three hundred feet therefrom, no such change of any such ordinance shall be adopted |
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| 45 | 45 | | 15except by a two-thirds vote of all members. |
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